FINDESTATE SOUTH AFRICA
TERMS AND CONDITIONS FOR CLIENTS AND USERS
1. INTRODUCTION
1.1. FINDESTATE (manage by iSearchmedia Pty Ltd) hosts a website under domain name www.findestate.co.za ("the Website") for the online marketing of property listings for sale or for rent and the advertising of service providers in the real estate, legal and related industries (collectively “Advertisements”).
1.2.FINDESTATE may amend these standard terms and condition (“TC’s”) at any time.
1.3.These Website Terms and Conditions written on this webpage shall manage your use of the website. By using this Website, you agree to accept all terms and conditions.
2. WE MAY MAKE CHANGES TO OUR TERMS
2.1 We amend these terms from time to time by updating them on the site. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
3. WE MAY MAKE CHANGES TO OUR SITE
3.1 We may from time to time change the content of this site or suspend or discontinue any aspect of this site, which may include your access to it.
4. REGISTRATION
4.1 To gain access to certain details and services on our Site you will need to register (free of charge) as a FINDESTATE user. You must be at least 18 years of age to register. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.
4.2 Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4 You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on this site. You will notify us immediately of any unauthorized use of them or any other breach of security of this site of which you become aware.
4.5 We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. APPLICATION TO CLIENTS
-These TC's are applicable together with the signed agreement ("the Contract") concluded between FINDESTATE and each client who advertises on the Website ("Client").
-If there is any discrepancy or conflict between these TC's and the Contract, the provisions of the Contract will apply.
6. APPLICATION TO USERS
-By logging in, registering on, accessing or using the website, all persons making use of the website ("Users") agree to be bound by these TC's, except those provisions which, explicitly or implicitly, only apply to Clients.
7. FINDESTATE'S GENERAL OBLIGATIONS AND WARRANTIES
-FINDESTATE must provide the following services to the Clients and Users:
· display and market on the Website the Advertisements provided to it by the Client from time to time and subject to the limitations as to the number, type, content and design of Advertisements as reasonably determined by FINDESTATE from time to time;
· provide a telephonic support service from Monday to Friday, from 08:00 to 17:00, for Clients and Users.
-FINDESTATE makes no warranties of any kind regarding the standard of the services or the content on the Website and, in particular, FINDESTATE does not warrant that:
· the Website is error-free;
· the Website will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis; and
· that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.
This Website is provided “as is,” with all faults, and FINDESTATE express no representations or warranties, of any kind related to the Website or the materials contained on the Website. Nothing contained on this Website shall be interpreted as advising you.
8. THE CLIENT'S OBLIGATIONS AND WARRANTIES
-The Client must, at its cost:
· include the information and details on each Advertisement as reasonably specified by FINDESTATE from time to time;
· ensure that none of the information or Advertisements provided by it to FINDESTATE includes any content that:
Øis false, misleading or incorrect;
Ømay be considered abusive or offensive;*
Øinfringes the intellectual property rights of any third person; or
Øinfringes the privacy and protection of personal information rights of any third person;
· comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
-The Client warrants that the content, form and design of the Advertisements and other information provided by the Client to FINDESTATE does not, and will not, infringe any intellectual property rights of any other person. The Client indemnifies FINDESTATE and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these TC's or the Contract.
9. RESTRICTIONS
-Clients and users are specifically restricted from all of the following:
· publishing any website material in any other media;
· selling, sublicensing and/or otherwise commercializing any website material;
· using this website in any way that is or may be damaging to this website;
· this website in any way that impacts user access to this website;
· using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;
· engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the website;
· using the website to engage in any advertising or marketing.
10. USE OF THE WEBSITE
-Each user acknowledges that FINDESTATE does not verify or warrant the accuracy or completeness of the advertisements or other information on the website.
-FINDESTATE uses "cookies" on the website to enable it to personalize each user's visits to the website, simplify the signing-in procedure, and keep track of your preferences and to track the usage of the website. 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.
-No-one may link any page on the website without FINDESTATE’s prior written consent. The website contains links to other third-party websites over which FINDESTATE has no control. FINDESTATE does not recommend any products or services advertised on those websites and the client/user uses them at its own risk.
*FINDESTATE BELIEVES THAT ALL CONSUMERS SHOULD BE TREATED EQUALLY REGARDLESS OF GENDER, RACE, CREED, SOCIO-ECONOMIC STANDING OR NATIONALITY. WE WILL NOT CONDONE OR TOLERATE ANY FORM OF DISCRIMINATION FROM OUR ADVERTISERS AND EXPECT THEM TO CONDUCT THEMSELVES ETHICALLY WHEN ADVERTISING THROUGH THE WEBSITE.
11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
1.1 This site contains links to websites operated by third parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this site, you do so at your own risk.