Terms & Conditions

PropertyMatcher – Terms & Conditions

Thank you for visiting our Website

It is important for you to take some time to read and understand the terms and conditions under which you will visit and use this Website (Terms and Conditions), as these Terms and Conditions will apply to you. Please note that these Terms and Conditions do not affect your statutory rights, including any rights that you may have under applicable laws.

WHO WE ARE AND WHAT WE DO

• This Website, propertymatcher.co.za (Website), is owned and operated by Property Matcher (Pty) Ltd, a private company registered in the Republic of South Africa under registration number 2017/403166/07, with its registered business address at 97 Ngwenya, Helderfontein Business Park, Fourways.
• The Website enables the listing by users of material (such as photos, videos, text, building plans) relating to immovable property which may be sold or rented (Service).

All references in these Terms and Conditions to “us”, “we” or “our” are references to Property Matcher.

YOU CAN CONTACT US BY TELEPHONE OR BY EMAIL, AS FOLLOWS:
Telephone: +27 (0) 12 753 2924
Email: engage@propertymatcher.co.za

ACCEPTANCE

• Access to and use of this Website is provided only in accordance with these Terms and Conditions.
• By using the Website, you agree that you have read these Terms and Conditions; that you accept that these Terms and Conditions are binding on you and that you agree to abide by these Terms and Conditions.
• If you do not agree to these Terms and Conditions, you may not make use of this Website.
  

USE OF WEBSITE

• You acknowledge and understand that the use of our Website is subject to registration procedures (detailed below) and other approvals, as detailed in the Terms and Conditions. You will be required to follow the registration procedures and to obtain the necessary approvals indicated in these Terms and Conditions before you will be able to make use of the Website.
• For the avoidance of doubt, these Terms and Conditions will also apply to your use of the Website.
• Property Matcher will display properties listed by users subject to the Terms and Conditions and such limitations as determined by Property Matcher from time to time.
• Uploading of any property listing material will be subject to applicable law. For the avoidance of doubt, a user must ensure that the property listing material is not in contravention of any private, public, personal or intellectual property rights of others, including but not limited to copyright or trademark infringement or any applicable law. A user shall not use the Website to distribute, store, transmit or destroy any material in contravention of any applicable law.
  

REGISTRATION AND SERVICE

• A user who wants to make use of the Service, will be required to register on the Website by creating an “account” which will require the user to complete the required fields under the “register” tab. The registration process may take up to 12 to 24 hours for activation and is subject to approval by Property Matcher.
• Once registered, users of the Website are required to upload their property listing material, which may include text, photographs, videos, or building plans in a format approved by us.
  

FEES

• Fees charged for the Service is subject to the package as chosen by the user. The available packages can be found within the user account under ‘my package’.  By selecting the package, the user agrees to pay all fees charged by Property Matcher for using the Service.
• If users fail to timeously pay the fees as stipulated under ‘my package’, Property Matcher may, without prejudice to all other rights it may have, terminate the user’s use of the Service. Fees are not refundable.
• A User grants Property Matcher an everlasting, royalty-free, transferable right to publish all material uploaded by you or on your behalf.

YOUR PRIVACY AND SECURITY

• Property Matcher respects your rights to privacy and confidentiality.
• We undertake not to sell, exchange or transfer your personal information to or with any third party for any purpose other than the purposes that have been disclosed and detailed in our Privacy and Security Statement, which, for the avoidance of doubt, forms part of these Terms and Conditions.

AMENDMENTS TO THESE TERMS AND CONDITIONS

• We may amend these Terms and Conditions from time to time, at our sole discretion.
• If we elect to amend these Terms and Conditions, the revised version will be posted on the Website. You must check the Website regularly for any changes we may have made since your last visit to the Website, as any such changes will be binding on you.
• By using the Website after we have changed or amended these Terms and Conditions, you acknowledge that you will be accepting those changes or amendments.
• These Terms and Conditions were last updated on: 17 September 2017.

INFORMATION FEEDS

• We may use the services of other organisations, or allow other organisations, to provide information on the Website.
• While we do take reasonable care in selecting such other service providers and in monitoring the information such organisations provide on the Website, we are not responsible for the provision of this information and we make no representations or warranties of any nature as to the accuracy or appropriateness of any such information.
• You acknowledge and agree that we will not be directly or indirectly liable or responsible for any damage that you may suffer if you choose to rely on such information, and you understand that you act or rely on such information at your own risk.

LINKS TO THIRD PARTY WEBSITES

• You acknowledge and understand that this Website may contain links to other websites.
• While we do take reasonable care to provide links to reputable websites, we have no control over the content of and on such other websites and we cannot accept responsibility or liability for the information provided or made available on these websites. You acknowledge and understand that a link from our Website to any other website does not mean that we have checked or endorsed the owners or administrators of that website, or their business practices and operations.
• Links to other websites which may be provided on our Website from time to time, are for your convenience only, in respect of matters and services that we think may be useful or interesting to you. You are responsible for complying with the terms and conditions applicable to such third party websites (if any).

INTELLECTUAL PROPERTY

• You acknowledge and agree that we retain all copyright and other intellectual property rights in all content published or made available on the Website, including (but not limited to) software, written text, images and design.
• The logos and trademarks shown on this Website are our registered and unregistered trademarks or those of third parties. You may not use any such logo or trademark without our written consent or the consent of the relevant third parties (as the case may be).
• You acknowledge that we own all content and material on the Website and that you have no right, title or interest in or to any such content and material.
• Users are prohibited from reverse-engineering or attempting to copy the Website in any way.

TRANSMISSION OF INFORMATION VIA THE INTERNET

• Although we take reasonable steps to limit the risks, you acknowledge and accept that information sent or transmitted via the internet may be unlawfully accessed, changed and/or monitored.
• You understand that you will bear the risk of transmitting information in this manner and under no circumstances will we be liable for any loss, harm or damage that you might suffer as a result.
• Property Matcher reserves the right to request independent verification of any information you transmit to us via the Website or via email.
• When submitting your personal information on ProperyMatcher’s website – which will be submitted to Ooba in order to conduct a prequalification assessment – you acknowledge and agree that Ooba may share your prequalification results with PropertyMatcher in order to complete the profile information on your unique profile. The following personal information will be kept on PropertyMatcher’s website until such time as you request that your profile be deleted / deactivated:
  • Full name and surname
  • Contact details (telephone number and email address)
  • Identification number

HARDWARE AND SOFTWARE

• You should ensure that you use and maintain hardware and software of sufficient quality and performance to ensure that the functionality of the Website performs at its best state.
• Property Matcher does not warrant that any file, document, download or application available via or from this Website is free from viruses, trojan horses, time-locks, bombs or any other code or data that could negatively affect the functioning or operation of your computer, other device or network.

TERMINATION, SUSPENSION AND LIMITATION

• Where we choose to suspend or discontinue the Website, or to change the functionality of or services offered on the Website, whether temporarily or permanently, we will try our best, wherever possible, to provide you with some notice before we do so.
• Notwithstanding this undertaking, you acknowledge and accept that we are entitled to modify, suspend or discontinue the Website at any time and that we will not be responsible for any damage or loss that you may suffer if we choose to do so. We may also choose to restrict access to certain or all of the functionality or services offered on the Website.

NO WARRANTIES OR REPRESENTATIONS

• To the fullest extent permitted by applicable law, the Website is provided on an “as is” and “as available” basis.
• Property Matcher does not warrant or represent that the Website will be error-free, or that the content provided on or via the Website is or will be accurate, suitable, complete or fit for or compatible with any particular purpose.

DISCLAIMER AND LIMITATION OF LIABILITY

• Except for any statutory liability that we may have towards you, and which cannot be disclaimed or altered by agreement between you and us, neither we, nor our affiliates, employees, officers or agents will be responsible or liable in any way for any damage or loss of whatsoever nature arising from the Website, your use of or reliance on the Website, or on any information provided on or via the Website.
• This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
• You acknowledge and understand that use of this Website is entirely at your own risk.
• Without detracting from the generality of the limitation of liability set out above, you expressly acknowledge and agree that we will not be liable for:
  • any interruption, malfunction or failure of or by our technical systems regarding the Website for any reason beyond our reasonable control, including (but not limited to) war, government action, industrial action or dispute or force majeure (acts of nature);
  • any damage to your computer or device (including hardware and software) as a result of your use of the Website; or
  • any loss of information or unauthorised use of data caused by your use of systems and/or encryption standards that are below generally accepted levels.
• All users acknowledge that:
  • Property Matcher is not an estate agent, attorney, financial services provider or other advisor, and makes no representation in that regard;
  • each user is responsible for the negotiation and conclusion of any agreement that may be concluded by virtue of access to a property listing on the Website;
  • Property Matcher is not responsible for the content, correctness or completeness of the property listings on the Website, nor is it responsible for the security of users password access to the Website;
  • Property Matcher does not warrant or verify the correctness, completeness or accuracy of the information furnished in relation to properties listed on the Website, or any other information contained on the Website.
• Property Matcher gives no undertaking or warranty regarding:
  • the properties listed on this Website;
  • accessibility or operation of the Website; and
  • any listing, download, photograph or video or any other application are free of any virus or other harmful mechanism.

CAPACITY TO ENTER INTO AGREEMENTS

• You warrant to us that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
• In particular, you must be at least 18 years old in order to make use of the Website.
• If you are unsure whether you have the legal capacity to enter into contracts, you must contact someone who is able to provide you with this information before you continue using this Website.

GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Republic of South Africa, without reference to any conflict of law provisions.
• All interactions and transactions made or conducted on this Website will be subject to South African law.
• In the event of there being any dispute between Property Matcher and you arising out of these Terms and Conditions, such dispute shall, on written demand by either Property Matcher or you be submitted to arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of South Africa (AFSA), which arbitration shall be administered by AFSA.
• Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between Property Matcher and you or, failing agreement within 10 (ten) business days of the demand for arbitration, either Property Matcher or you shall be entitled to call upon the chairperson of the Johannesburg Bar Council to nominate an arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years’ standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute.  In the event of Property Matcher’s attorneys and your attorneys failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on Property Matcher and on you.
• Nothing will prevent or prohibit either Property Matcher or you from applying to an appropriate court for urgent relief. In addition, you acknowledge and understand that these provisions do not restrict, or attempt to restrict, any right that you may have to submit a complaint to any other body in terms of applicable law.

BREACH / FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS

• If you commit any material breach of these Terms and Conditions, or if you use the Website in an unauthorised manner, or interact with the Website in any unlawful or unauthorised manner, Property Matcher will be entitled to terminate your access to the Website immediately without prior notice to you, and without prejudice to any other rights we may have in terms of these Terms and Conditions or at law.

NOTICES AND SERVICE OF LEGAL PROCESS
Our chosen address for any legal notice or process is:
97 Helderfontein Business Park,
Fourways

GENERAL

• The headings of the clauses in the Terms and Conditions are provided for convenience and ease of reference only and will not be used to interpret or attach meaning to the Terms and Conditions.
• No failure or delay by us to exercise any of our rights under law or in terms of these Terms and Conditions will be interpreted as a waiver of any such rights, nor will it affect the validity of any part of these Terms and Conditions or prejudice our rights to take any subsequent action against you.
• If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable for any reason at all, the relevant provision will be deleted from these Terms and Conditions and all remaining provisions will continue to be valid between Property Matcher and you, to the fullest extent permitted by law.
• If you have any questions or do not understand anything in these Terms and Conditions, or if you want to send any comments or complaints to us, please send an email to engage@propertymatcher.co.za and we will respond to you as soon as possible.