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..:: Terms and Conditions ::.. |
Accuracy of Information |
| We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. |
Intellectual Property |
| All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Propertiere ITS, our affiliates, partners or licensors, and is protected by South Africa and international copyright laws. |
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| The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Propertiere ITS , our affiliates, partners or licensors, in the South Africa and other countries, and are protected by South Africa and international trademark laws. |
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| Except as set forth in the limited licenses below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. |
Limited Licenses |
| We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. |
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| We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. |
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| Any unauthorized use by you of the Site terminates the limited licenses set forth herein without prejudice to any other remedy provided by applicable law or these Terms and Conditions. |
Indemnification |
| You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. |
Debit Orders |
| Debit orders will be processed on the first working day of every month. All failed/returned debit orders will carry a penalty of R50.00 which will be levied against your account. |
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| If your debit order fails, your service(s) will be disabled immediately and you will be required to pay your arrears plus the R50.00 debit order penalty. |
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| Your debit order is on an automated process and cannot be stopped after the 24th of each month. |
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| Please note that if you are cancelling your service(s) with Propertiere ITS, we need to have received your cancellation form during office hours before or on the 24th of the month. Failure to do so will result in the monthly subscription being debited from your account. Any refund will attract normal banking charges (Refund less normal banking charges). Refunds can only be refunded to the account debited. |
Privacy Policy |
| Propertiere ITS respects each individual user's right to privacy. |
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| In order to make your visit to the Propertiere ITS's Web site easier and more friendly we may place a "cookie" on your hard drive. Cookies are small pieces of information that a Web site places on your computer's hard drive for tracking where you are in the site and also allows us to create page content dynamically from information stored on our Web. |
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| We do not store any information collected while you are visiting our Web site. However, under certain conditions, such as the filling in of a form requesting information from us or when making an on-line application, such information is stored to enable us to process your request. Also, such information entered here will be known to only two parties: you and the Propertiere ITS. |
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| E-mail addresses and other personal information stored on your computer is never, under any condition, read from your computer. |
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| Propertiere ITS does not sell or rent your details to anyone. That means that only authorized employees of Propertiere ITS ever have access to any information you submit. |
Disputes |
| With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of RSA, as if the Terms and Conditions were a contract wholly entered into and wholly performed within RSA. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in RSA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing in the RSA. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. |
General |
| You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. |
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| Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. |
Disclaimer |
| Propertiere ITS is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Propertiere ITS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Propertiere ITS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to info(@)propertiere.co.za. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Propertiere ITS that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Propertiere ITS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. All items purchased from Propertiere ITS are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Propertiere ITS to such agents upon delivery of any item to such carrier. Neither Propertiere ITS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website. |
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