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Website terms & conditions of use

1.    Introduction

1.1.       Welcome to the Instant Property website: www.instantproperty.co.za (‘the website’).

1.2.       The website provides current commercial property vacancy information across the country.

1.3.       The website is located within the Republic of South Africa.

1.4.       By accessing and using this website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.

 

2.    Your use of the website

2.1.       You agree that your use of this website is for lawful purposes only.

2.2.       You agree that you will not use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems or transmitting unlawful material.

2.3.       Instant Property is not involved in any sale and purchase or hiring and letting of any goods or services on the website, save for providing a venue for tenants or potential tenants to view commercial property space listed by owners and or landlords for the purposes of rental.

2.4.       While every effort is made to ensure that the information provided on the website is current and accurate, you should not assume that this is always the case, and you hereby agree and acknowledge that we:

2.4.1.      are not, nor do we represent or hold ourselves out as the owner or landlord of any of the commercial properties displayed on the website nor are we the sales representative of any such owner/landlord;

2.4.2.      have absolutely no control over, nor do we represent or hold out that we have any control over any of the aspects related to the commercial properties listed or displayed on the website including but not limited to:

2.4.2.1.       current availability of the property;

2.4.2.2.       monthly rental;

2.4.3.      landlord’s requirements for rental (including credit vetting of potential tenants and FICA requirements);

2.4.3.1.       duration of tenancy; or

2.4.3.2.       any other aspect related to the rental of the commercial properties displayed on the website;

 

3.    General disclaimer

3.1.       You agree to access and use the website entirely at your own risk. Please read the Exclusion of Liability clauses below.

 

4.    Choice of law

4.1.       The website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the High Court of South Africa in the event of any dispute arising from your use of the website.

 

5.    Your privacy

5.1.       Instant Property respects the privacy of all visitors to the website.

5.2.       You may use the website without providing any personal information. However, in order to regularly assess and improve the website, we collect information such as  the number of visits to the website, pages viewed, etc

5.3.       The website has taken all reasonable commercial and legal precautions against any users having access to any other user’s personal information, however Instant Property cannot be held liable in circumstances where one user unlawfully obtains the personal information of another user through accessing the website;

5.4.       To the extent that Instant Property sanctions the sharing of information between users of the website, strictly with the consent of both users, Instant Property does not and cannot guarantee that one user will not misuse the information of another user. To the extent that a misuse of this nature occurs, neither party can hold Instant Property liable for any damages that flow, howsoever arising, from such misuse of information.

 

6.    Copyright and use of material

6.1.       Instant Property retains copyright in the website and all current and future content displayed on the website which is not owned by third parties.

6.2.       In terms of a limited licence, granted for general use, Instant Property grants the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for your personal, non-commercial and informational purposes only.

6.3.       In addition, Instant Property grants you permission to copy and distribute information from the website for non-commercial purposes, provided that:

6.3.1.       this information has not been sourced from third parties;

6.3.2.       you notify us of such use; and

6.3.3.      instantproperty.co.za is acknowledged as the source by reference to the website address.

6.4.       The website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Instant Property.

7.    Your comments

7.1.       We value feedback received from visitors to the website. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene.

7.2.       You remain liable to any third party for your comments, and Instant Property is not liable to any third party for the content of your comments.

7.3.       Please also note that we cannot respond to all feedback we receive.

 

8.    External links and advertising

8.1.       Wherever the website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party to Instant Property and any reliance placed on information provided by the external link is done at your own risk.

8.2.       Wherever third party advertising or promotional material is displayed on the website, this should not be construed as Instant Property endorsing or creating any relationship between Instant Property and that third party. Reliance on any such material is entirely at your own risk.

 

9.    Linking

9.1.       Any third party wishing to link to the website from their own website must obtain permission from Instant Property, and permission may be granted on terms and conditions as agreed between the parties.

 

10.  Provision of Services

10.1.    Instant Property will provide you with a username and password in order to login as required.

10.2.    Instant Property reserves the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).

10.3.    You agree that Instant Property may restrict and/or terminate its services to you at any point in time if Instant Property, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

10.4.    Instant Property reserves the right in our sole discretion to alter or remove any information, postings or listings  of commercial properties offered for rental by you, if that information and/or those commercial property listings / postings:

10.4.1.   infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the landlord/owner of the commercial property in question); or

10.4.2.   may create any liability for us whatsoever;

10.4.3.   if we are not entirely satisfied that you are legally permitted to offer that commercial property space for rental;

10.4.4.   it is otherwise in our commercial interests to do so;

10.4.5.   we are required by law to do so;

10.4.6.   you breach any provision of this Agreement; or

10.4.7.   for any other reason whatsoever; and

10.4.8.   you irrevocably and unconditionally agree that any rights that you may have had against Instant Property in respect of any action we may have taken under this clause , are hereby waived.

 

11.  Fees

11.1.    Registering, posting and shopping for properties to rent on the website do not attract a fee.

11.2.    Should you find a property that suits your needs, the website will automatically get in touch with you via e-mail. Instant Property will then allocate a personalized, knowledgeable broker to you in order to assist you with any queries you may have regarding the property and ultimately assisting you to sign a rental agreement with the landlord or owner of the property as the case may be.

11.3.    Instant Property earns a percentage of the broker’s commission on completion of a successful rental agreement for the commercial property listed/displayed on the website.

11.4.    Instant Property reserves the right in our sole discretion to alter or remove any commercial properties from the website in our sole and absolute discretion, without notice to any party who posted the property for rent on the website.

11.5.    Unless otherwise stated, all rentals quoted on the website are in South African Rands and are inclusive of VAT.

 

12.  The Landlord / Property Owner

12.1.    You may post the commercial property space that you wish to offer for rent on the website.

12.2.    You agree that we or our nominated agent may undertake any necessary background checks on you and/or your posted properties.

12.3.    You hereby warrant to Instant Property that, to the best of your knowledge and belief, you have taken all reasonable precautions to ensure that the information pertaining to the property/ies that you post on the website :

12.3.1.   is accurate and not false, misleading, deceptive or fraudulent;

12.3.2.   does not breach any Intellectual Property Rights of a third party;

12.3.3.   is made in compliance with all applicable laws, by-laws, government regulations or guidelines;

12.3.4.   is not forged, threatening or offensive or otherwise constitutes harassment;

12.3.5.   does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

12.3.6.   does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

12.3.7.   will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and

12.3.8.   does not contain child pornography, bestiality or any other obscene or offensive material;

12.3.9.   you are the legal owner or landlord of the commercial property/ies you are offering for rent on the website and you have the legal capacity to conclude the rental agreement with the tenant who viewed the commercial property on the website;

12.3.10.you will not hyperlink to or include descriptions of commercial properties that you are not offering for rent on the website;

12.4.    You represent and warrant to us and to the tenant separately that your information will be kept up to date and that you will edit your account/profile and any other information relating to the commercial property/ies, which you posted on the website as frequently as possible.

12.5.    In addition to what is set out above, you represent and warrant to us and separately to the tenant that the commercial properties that you offer for rent, on the website:

12.5.1.   are reasonably fit for the purpose or purposes for which they are let;

12.5.2.   correspond with the description that you have posted on the website; and

12.5.3.   are not materially defective.

 

13.  The Tenant

13.1.    You agree and warrant to each landlord or owner of the commercial property and separately to us that your information:

13.1.1.   is accurate and not false, misleading, deceptive or fraudulent;

13.1.2.   does not breach any intellectual property rights of a third party;

13.1.3.   is made in compliance with all applicable laws, government regulations or guidelines;

13.1.4.   is not forged, threatening or offensive or otherwise constitutes harassment;

13.1.5.   does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

13.1.6.   does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

13.1.7.   will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;

13.1.8.   your information will be kept up to date and that you will edit your account/profile and any other information on the website as frequently as possible.

13.1.9.   you have the legal capacity to rent commercial property space, and, will not, by so doing, be breaching any law, by-law, ordinance, regulation or guideline;

13.1.10.the rental of any commercial property, which you viewed and or inquired into through the website is absolutely at your own risk;

13.2.            Instant Property takes no responsibility for any of the owner / landlord’s terms, conditions and requirements for rental of any of the commercial properties listed on the website.

 

14.  Exclusion of liability

14.1.    You expressly agree that the use of the website is entirely at your own risk.

14.2.    The website and all its contents are provided on an "as is" basis, and Instant Property makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website.

14.3.    Instant Property cannot guarantee, nor do we represent or hold out that the descriptions of any commercial properties displayed on the website will be accurate;

14.4.    Instant Property have absolutely no control over any rental agreements signed as a result of properties viewed and selected from the website, nor do we represent or hold out that a landlord or tenant will perform their respective lease obligations in relation to the commercial properties found on the website;

14.5.    Instant Property cannot and do not control the actions of any tenant, nor do we represent or hold out that a tenant will pay his/her/its rental;

14.6.    Instant Property cannot and do not control the actions of any landlord, nor do we represent or hold out that any landlord will fulfil its obligations in terms of any lease signed;

14.7.    While Instant Property reserves the right to conduct background checks on all commercial properties displayed on the website, we do not verify the contents of any background checks or credit vetting of any kind whatsoever on either tenants or landlords who make use of the website.

14.8.    Instant Property will not involve itself in any way, shape or form in any dispute, howsoever arising between a landlord and a tenant;

14.9.    Both the Landlord and the tenant absolve and indemnify Instant Property from any liability for any damages howsoever arising from any dispute between landlord and tenant.

14.10. Instant Property does not warrant that the website's functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.

14.11. Instant Property, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance on the website and/or its content.

14.12. Instant Property, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever, suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Instant Property is expressly advised thereof.

14.13. You hereby indemnify Instant Property, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of the website.