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Terms of use


IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET OUT BELOW. BY USING THIS SITE THE USER/SUBSCRIBER/ADVERTISER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS SITE.

Consumer means any natural person who enters or intends entering into an electronic transaction with this site as the end-user of the services offered by this site;

ECT Act means the Electronic Communications & Transactions Act 25 of 2002.

estate agency means an entity recognized as such by the Estate Agency Affairs Board and holding a valid and current registration as such;
estate agent means a person certified as such by the Estate Agency Affairs Board and holding a current and valid Fidelity Fund Certificate
this website ” means http://housetosell.co.za;”
user means any person accessing any part of the website;
website owner ” and/or ” we ” means House to Sell;

Use of this site

The Property Service comprises information, content, applications and other features, which may include (but is not limited to) advertising services, property and general news, e-commerce services, bond calculators and other relevant applications, interactive chat rooms if applicable, classified property advertising, trading sites, bond assistance services, estate agent services, news groups and forums provided by the website owner and third parties with whom it has contracted .

The Service offers online advertising space to users:

House to Sell does not accept any and all in regards to these terms and conditions, for all aspects of Ecommerce/ Transaction’s relating directly to the sale of advertising space.

House to Sell is in no way associated with goods offered for sale or lease by users or advertisers and in no way represents such users or takes responsibility for such services.

House to Sell is furthermore in no way associated with advisory services, included but not limited to financial, estate agent and bond services, and does not represent the providers of such advice or take responsibility for such advice.

Use of this web site is strictly and at all time at the sole risk of the user. If you do not agree with these terms and conditions you may not use the services provided by this website.

Users, advertisers and/or subscribers are advised to seek out independent professional advice in respect of any transaction which they may contemplate entering into as a result of the use of the Website House to Sell and Service and acknowledge that the website owner takes no responsibility for any transaction entered into as a result of use of this Service.

Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use.

USERS WISHING TO UTILISE CONTENT FOR THEIR OWN COMMERCIAL PURPOSES MAY ONLY DO SO WITH THE PRIOR WRITTEN PERMISSION OF THE WEB SITE OWNER. REQUESTS FOR COMMERCIAL USE MAY BE SUBMITTED BY SENDING AN EMAIL TO info@housetosell.co.za

THE GRANTING OR REFUSING OF PERMISSION IS COMPLETELY WITHIN THE DISCRETION OF THE WEB SITE OWNER, AND MAY BE CONDITIONAL.

The web site owner may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

Amendments to content and information.

The web site owner expressly reserves the right in its sole discretion to affect any changes or alterations to the content and information, including pricing and rates, set out in this web site.

Users acknowledge that it is their responsibility to gain the knowledge and expertise themselves with any Changes or alterations affected.

Owner information & required disclosures under section 43 of the ECT Act.

Users should regard nothing contained in this web site as an offer but rather as an option to do business.

Disclaimers

THIS ENTIRE WEBSITE, INCLUDING TEXT, APPLICATIONS, DESIGN, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED ” AS IS ” AND AS READILY AVAILABLE

THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE, APPLICATIONS OR THE INFORMATION CONTAINED IN IT.

Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees, suppliers, ISPs, partners, affiliates (including third parties with which the site has contracted in order to provide the Service) and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.

Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the website owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this web site in any manner.

The website owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.

Indemnity

USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES (INCLUDING THIRD PARTIES WITH WHICH THE SITE HAS CONTRACTED IN ORDER TO PROVIDE THE SERVICE) FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING AND FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

Consumer Rights and Security

Please note that the ECT Act only extends consumer protection rights to natural persons acting as end-users of services. The rights set out hereunder are accordingly only available to such persons.

Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant services under the transaction. Where a transaction has been cancelled then the consumer must return the performance of the supplier and/or immediately cease the services performed; and the supplier must refund all payments made by the consumer less the direct cost of returning the service , if any.
Under section 43(5) of the ECT Act the supplier must utilize a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and type of transaction concerned.

Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5). Users may obtain the details of any subscriber or property advertising transaction entered into by the relevant user through this site by sending an email to info@housetosell.co.za

Payment on the site and or in any country at the time of presenting payment options to the cardholder is in the Republic of South Africa and the transaction currency is South African Rand (ZAR).

This website sells online property advertising inventory and delivers through the publishing of property advertising submitted by users and or subscribers. Such delivery may be subject to regulations and other qualifying procedures as set out in this website, or as per the specified requirements of the user or subscriber placing the advertising.

Due to the nature of the service provided there is no restriction on availability, other than as set out in these terms and conditions or elsewhere on this website.

When making application to become a subscriber, users agree that:
they will be irrevocably bound by the terms and conditions applicable to the use of this web site
they will provide full and accurate information, it is the user’s responsibility to check and update information to their user account on registration they will be provided with a username and password
registration is for a single user and a subscriber’s username and password should not be shared with other persons
single username and password cannot be used to allow multiple access to other users over a network

Subscribers and users further undertake not to impersonate any other person or use a false or unauthorized name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications, modify, access or make available any data stored on a computer device which has been accessed through the web site owner’s network, make available or upload files that contain software or any other material not owned or licensed to the subscriber and make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.

Additional terms and conditions in respect of classified advertising are specified on the web site at which online transactions for classified advertising are entered into.

While the content of advertisements may be submitted online, the web site owner reserves the right, without assuming any liability therefore, to review and amend the content in its sole discretion.

Syndication – The web site owner offers a service whereby headlines features on the web site that may be displayed on the web site using RSS Feeds under an implied license. This service is available at no cost for non-commercial use.

The web site owner reserves the right in its sole discretion and for whatever reason to require users of the syndication service to immediately cease using it.

The web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

In order to provide a relevant and secure service, and where required to do so under law, the website owner may monitor and/or intercept electronic communications such as e-mail which is sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

Any content other than property advertising or where otherwise stipulated, received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.

The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.

While we take all reasonable security precautions and subject to, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.

Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner.

THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD

The web site owner grants to users a personal, non-exclusive, non-assignable and non- transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.

If you believe that this site in any way infringes a third party copyright or other intellectual property right please email us at info@housetosell.co.za specifying the full details of the alleged infringement.

This web site contains third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.

The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.

Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.

Use of the sites or pages linked to it is accordingly exclusively at the risk of the user.

The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:

The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;

The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site;

Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site; and services provided by or in association with a third party are discontinued or otherwise rendered unavailable by such third party.

The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

Users of this web site are encouraged to familiarize themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by the website owner as a result of any breach of these terms and conditions or any additional terms and conditions contained on this website.

Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time.

We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.

Enforceability of this Agreement

Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.

In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.

These Terms of Use contain the record of the entire agreement between the user and the web site owner.

Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.