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Terms and Conditions

This page tells you the terms on which you may use this site (www.bestagent.co.za) (the “Site“). By using the Site, you confirm that you accept the terms and conditions of use contained in this document and any document referred to within it (the “Terms“) and you agree to be bound by them. If you do not agree to the Terms, please refrain from using the Site. If you decide to make commercial decisions based on the information contained on the Site, you do so on the Terms and by doing so confirm and warrant that you accept the Terms in their entirety. By joining the site as a member you acknowledge that he have read, understood and agree to the Terms and our Privacy Policy (which can be found at www.bestagent.co.za).

  1. INFORMATION ABOUT US

1.1   The Site is operated by Best Agent (Pty) Limited, trading as Best Agent, a company registered in South Africa with registration number 2015/120778/07 with the registered address at 445 Val de Vie Estate, Kliprug Minor Road, Paarl, 7646 (“Best Agent”/”we”/”us”/”our”).

1.2   The Site provides you with information on real estate properties sold in South Africa.  Such information may include the address, selling price, name of estate agency and the name of the estate agent or agents that facilitated the sale.  We do not and are not providing any advice on the value of property.  Any decision to appoint an estate agent or a conveyancer based on information provided on the Site is solely your own and you must only do so after conducting sufficient due diligence and seeking your own independent advice.

  1. ACCESSING OUR SITE

2.1   Access to the Site is permitted by us on a temporary basis and we reserve the right to withdraw or vary the Site without notice. We will not be liable for any loss, damage, costs, expenses or any other thing whatsoever (including special damages and consequential loss) (together “Damages”) if the Site is unavailable at any time or for any period.

2.2   We reserve the right to restrict your access to the Site from time to time for any reason.

2.3   You are responsible for the security of your login details and you must ensure that any persons who accesses the Site through your login or internal connection are aware of the Terms and agree to be bound by them. We shall not be liable for any Damages caused by unauthorised access to the Site using your login save in the case of our own gross negligence.

  1. USER REGISTRATION

3.1   By using and/or registering with the Site, you confirm and warrant to us that:

3.1.1    You fully understand accept and agree to be bound by the Terms;

3.1.2    You are eighteen years of age or older;

3.1.3    You are legally capable of entering into binding contracts in your own capacity and no other authorisation or permission is required to enable you to do so.

3.2   Only estate agents registered in South Africa at the Property Practitioners Regulatory Authority and with valid Fidelity Fund Certificates may register as Estate Agents on our Site.

3.3   You agree that you shall comply with such identification, FICA and other anti-money laundering requirements that we may from time to time require.

  1. SITE CONTENT

Any information, amounts and rankings or any other material contained on the Site are not intended to be recommendations or advice to you and you are solely responsible for seeking your own independent advice and satisfying yourself with your own due diligence before relying on the information on the Site.

  1. PROPERTY SALE REPORTING

5.1   Estate Agents may only list properties on the Site as having been sold, after such properties have been formally transferred to the buyers thereof, at the relevant Deeds Office.

5.2   Estate Agents who list properties on the Site, confirm that we may use, store and publish such information on the Site.  Where the consent of any third-party is required for such use and/or publication, the estate agent warrants that such consent was property obtained and indemnifies us against any claim should that not be the case.

  1. OUR LIABILITY

6.1     The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

6.1.1  All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity;

6.1.2  Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results or the use of this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of any other opportunity, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2     Where the Site links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. ACKNOWLEDGMENTS

7.1     You acknowledge and agree that:

7.1.1  The information on the Site does not constitute advice, recommendations or an endorsement of any estate agents or conveyancers. The information is not intended to be relied upon as a sole basis for making decisions regarding the appointment of an estate agent or a conveyancer.

7.1.2  We make no representation or warranty as to the accuracy of any data displayed on the Site, nor whether it is up to date or error free.

  1. INTELLECTUAL PROPERTY RIGHTS

8.1     We are, and you acknowledge and agree that we are, the owner or licensee of all intellectual property rights in the Site, and the material published on it (including the Best Agent logo and branding). These rights are protected by copyright laws and treaties around the work and all such rights are reserved.

8.2     You are not authorised to copy or download any extracts from the Site unless expressly authorised by us to do so.

8.3     No warranty is given by us that the contents of the Site do not infringe the rights of any third party.

8.4     By becoming a member estate agent of Best Agent, you agree that we may publish on the Site all the information that you capture on the site, including your personal details, the details of properties that you have sold and the details (including the logo) of the estate agency where you work.

  1. VIRUSES, HACKING AND OTHER OFFENCES

9.1     You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack this Site via a denial-of-service attack.

9.2     By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use the Site will cease immediately.

9.3     We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

  1. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy (as displayed on the Site). By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

  1. COMMUNICATIONS

You agree and confirm to us that you accept and authorise us to serve any written communication on you electronically using the email address associated with your membership of the Site. You agree to this electronic means of communication in respect of the Site and you acknowledge that all notices, information, documents and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

In addition, you agree and confirm that we may contact you by telephone or other means (including SMS) to inform you about properties, changes to the service or update you on opportunities. You have the right to opt out of any or all of these communications at any time by contacting us in writing at support@bestagent.co.za

  1. NOTICES

12.1     All notices served on us must be in writing and served on us at our address registered with CIPC from time to time. We do not accept any notice electronically or by fax.

12.2     Notices will be deemed to be received fice business days after posting by registered mail.

  1. WAIVER

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

  1. NO PARTNERSHIP OR AGENCY

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

  1. ASSIGNMENT AND VARIATION

Your membership in Best Agent is non-transferable, and the provisions of this agreement shall not be assigned or transferred without the written consent of Best Agent.

  1. SEVERABILITY

If any of these terms and conditions or any provisions of any other document featured on the Site are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. ENTIRE AGREEMENT

17.1     These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

17.2     We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17.3     Each of us agrees that our only liability in respect of any representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

17.4     Nothing in this clause limits or excludes any liability for fraud.

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1     We have the right to revise and amend these terms and conditions from time to time.

18.2     You will be subject to the policies and terms and conditions in force at the time that you apply to become a member, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the membership acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services we provide or services provided by members of our group).

  1. LAW AND JURISDICTION

19.1     This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of South Africa.

19.2     The parties irrevocably agree that the High Court of Cape Town shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).