1. Property247.mobi (“P247.mobi” or “we” or “us”) hosts a website under domain name www.property247.mobi (“the Website”) and has affiliations with other property agents, property law specialists, property finance institutions (“Affiliates”).
2. P247.MOBI’S GENERAL OBLIGATIONS AND WARRANTIES
1. P247.MOBI must provide the following services to the Clients and Users:
1. Provide assistance with offering users to be connected with property professional specializing in buying property, selling property, financing property and transferring property.
2. provide a telephonic support service from Monday to Friday, from 08:00 to 17:00, for Clients and Users.
2. P247.MOBI may, in its discretion, forward all information submitted on www.property247.mobi the Website to any of the Affiliates.
3. P247.MOBI makes no warranties of any kind regarding the standard of the services or the content on the Website and, in particular, P247.MOBI does not warrant that:
1. the website is error-free;
2. the website will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis; and
3. that any downloads or applications accessed through the website are free of viruses, Trojans, or other harmful mechanisms.
3. USE OF THE WEBSITE
1. Each User acknowledges that P247.MOBI does not verify or warrant the accuracy or completeness of the information on the website.
2. P247.MOBI uses “cookies” on the website to enable it to personalize each User’s visits to the website, simplify by the submit button available on each page to keep track of your preferences and to track the usage thereof. Cookies are small pieces of information that are stored in the hard drive of the User’s computer by the browser. The browser will have the option to prevent websites using cookies, but this may reduce the functionality of the website.
3. No User/Client may:
1. disguise the origin of information transmitted through the website; nor
2. place false or misleading information on the website; nor
3. use or access any service, information, application or software available via the website in a manner not expressly permitted P247.MOBI; nor
4. input or upload to the website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the website nor
5. upload any Personal Information or other data that infringes the intellectual property rights or privacy rights of another; nor
6. link any page on the website without P247.MOBI’s prior written consent. The website contains links to other third party websites over which P247.MOBI has no control. P247.MOBI does not recommend any products or services advertised on those websites and the Client/User uses them at its own risk.
4. INDEMNITIES AND WAIVERS
1. Each Client and User hereby acknowledges that:
1. P247.MOBI is not an estate agent, attorney, financial adviser, property law specialist or other professional adviser;
2. each Client/User is responsible for the negotiation and conclusion of any agreements that may result from the information submitted on the website;
3. there is no obligation on a Client/User to make use of any of the service providers or affiliates linked to the website ;
4. P247.MOBI does not regulate or take any responsibility for the content, accuracy or completeness of the portals or information submitted in respect of the website.
5. DIRECT MARKETING,
1. In this clause, a “Direct Marketing” as a direct result of P247.MOBI or its affiliates approaching that Client, either in person, by mail, phone, fax, sms, or instant messaging for the purpose of promoting or offering to supply a Client with its services pertaining to any of the website advertised services or its affiliates, but excludes contracts concluded as a result of an approach by a Client to P247.MOBI or its affiliates, whether by phone, sms, instant messaging, email or other method.
2. A Client may, without reason, cancel to receive Direct Marketing, by giving written notice to P247.MOBI by email to firstname.lastname@example.org or unsubscribing to any Direct Marketing.
3. P247.MOBI will not commence providing any services in respect of Direct Marketing.
4. P247.MOBI will not be responsible for Affiliate Direct Marketing.
1. Each User and Client hereby waives any rights or claims it may have against P247.MOBI in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered as a result of the User’s or Client’s use or inability to use the Portals or the services or Affiliate Services or content provided from and through the Portals.
7. THE CLIENT’S OBLIGATIONS AND WARRANTIES
1. The Client must, at its cost:
1. include the information and details on each service request as reasonably specified by P247.MOB,
2. ensure that none of the information provided to P247.MOBI includes any content that:
3. is false, misleading or incorrect;
4. may be considered abusive or offensive;*
5. infringes the intellectual property rights of any third person; or
6. infringes the privacy and protection of personal information rights of any third person;
7. comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the website.
P247.MOBI BELIEVES THAT ALL CLIENTS/USERS SHOULD BE TREATED EQUALLY REGARDLESS OF GENDER, RACE, CREED, SOCIO-ECONOMIC STANDING OR NATIONALITY. WE DO NOT CONDONE OR TOLERATE ANY FORM OF DISCRIMINATION FROM OUR USERS AND EXPECT THEM TO CONDUCT THEMSELVES ETHICALLY WHEN MAKING USE OF ANY SERVICES OFFERED THROUGH THE WEBSITE.
1. Each Client and User undertakes to:
1. keep confidential all information, whether written or oral, concerning the business and affairs of P247.MOBI and of each other whether obtained from that party or any third party (“the Information”);
2. not disclose the Information to any person other than its affiliates, employees, agents and/or consultants involved in the implementation of this agreement, without that party’s prior written consent;
3. use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and.
4. keep confidential the terms and conditions of this agreement.
2. The provisions of this clause do not apply to any Information which is:
1. independently developed by the recipient;
2. publicly available without breach of this agreement; or
3. released for disclosure by the disclosing party with its written consent.
9. INTELLECTUAL PROPERTY INDEMNITIES
1. All the content on the Portals, including any and all graphics, text, icons, photographs, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name “Poperty247.mobi” and the associated logo (which are both registered trademarks) the website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of P247.MOBI.
2. The Clients and Users must not reverse-engineer or attempt to copy the website in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the website.
1. P247.MOBI may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client/User.
2. The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without P247.MOBI’s prior written consent.
11. DISPUTES AND LEGAL
1. Either party may refer any dispute which arises out of this agreement to the other party for resolution and the parties must meet within 10 Days thereof to resolve the matter or to agree on alternate dispute proceedings, failing which either party may take any action appropriate. If the parties elect arbitration, the arbitration must be in Pretoria, before a single arbitrator. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.