Terms & Conditions

AGENTS FORBIDDEN STANDARD TERMS AND CONDITIONS FOR CLIENTS AND USERS OF THIS WEBSITE

  1. INTRODUCTION & purpose
    1. AGENTS FORBIDDEN hosts a website under domain name agentsforbidden.co.za (“the Website“) for the SOLE PURPOSE of online marketing by owners of property who wishes to sell their property privately and Purchasers wanting to buy property without the assistance of An Estate Agent.
    2. AGENTS FORBIDDEN specifically forbid Estate Agents to gain from this website in any manner as Estate Agent, to advertise property of third parties or to contact clients from this website in their capacity as Estate Agents. They are however welcome to advertise their own property in their personal capacity on this website.
    3. AGENTS FORBIDDEN may amend some or all of the standard terms and conditions (“STC’s“) as set out herein at any time without notification.

 

  1. GENERAL
  2. By logging in, registering on, accessing or using the Website, all persons making use of the Website (“Clients” & “Users“) agree to be bound by these STC’s.
  3. Each client who wishes to advertise on this Website has one of two options:

(i)       To advertise free of charge, thereby ceding its right to provide an Offer to Purchase (“the Contract”) and appoint a transferring Attorney to AGENTS FORBIDDEN; or

(ii)      To advertise after paying a nominal advertisement fee, provide its own contract and appoint its own Transferring Attorney.

  1. Each client who chooses to advertise on the Website free of charge acknowledge that he/she/it shall be bound by the terms and conditions of the Contract, which is provided on this website, once the Contract has been downloaded and signed by both Seller and Buyer.
  2. Each client who chooses to advertise on the Website free of charge specifically acknowledges that the trusted and appointed Attorney of AGENTS FORBIDDEN will see to the transfer of the property once sold.
  3. Each client who chooses to advertise on the Website free of charge specifically acknowledges that he/she/it will have the assistance of the trusted and appointed Attorney of AGENTS FORBIDDEN.
  4. Each client who chooses to pay a nominal advertisement fee will retain the right to use its own transferring Attorney and will be liable to supply its own contract for the buyer to sign.
  5. Each client who chooses to pay a nominal advertisement fee acknowledges that they will not have the assistance of the trusted and appointed Attorney of AGENTS FORBIDDEN.

 

  1. AGENTS FORBIDDEN’S GENERAL OBLIGATIONS AND WARRANTIES
    1. AGENTS FORBIDDEN will endeavour to at all times 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 AGENTS FORBIDDEN from time to time;
      • provide a telephonic support service from Monday to Friday, from 08:00 to 17:00, for Clients and Users.
    2. AGENTS FORBIDDEN makes no warranties or representations of any kind regarding the standard of the services or the content on the Website and, in particular, AGENTS FORBIDDEN do not warrant that:
      • the Website is error-free;
      • the Website will be accessible and operative 365 days a year; and
      • that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.

 

  1. USE OF THE WEBSITE
    1. Each client and user acknowledges that AGENTS FORBIDDEN does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website.
    2. Clients and users will under no circumstances advertise anything other than their own residential property which is for sale on the website.
    3. Clients and users will under no circumstances link any page on the Website without the prior written consent of AGENTS FORBIDDEN.
    4. If the Website contains links to other third party websites, the user acknowledges that AGENTS FORBIDDEN has no control over such websites.

 

 

  1. INDEMNITIES AND WAIVERS
    1. Each Client and User hereby acknowledges that:
      • AGENTS FORBIDDEN is not an estate agent, bond originator, attorney, financial advisor or other professional advisor;
      • each Client/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
      • Although AGENTS FORBIDDEN will guide the Purchaser and the Seller towards a successful agreement, Agents Forbidden do not regulate or take any responsibility for the content, accuracy or completeness of the Advertisements, the Client’s or user’s information or for the security of the Client’s or User’s passwords in respect of the Website.

 

  1. DIRECT MARKETING, COOLING OFF PERIOD AND REFUNDS
    1. Direct Marketing Contract” will refer to any contract, including an upgrade of or an extension of a contract, concluded between a Client and AGENTS FORBIDDEN as a direct result of AGENTS FORBIDDEN approaching that Client, either in person, by mail, phone, fax or sms, for the purpose of promoting or offering to supply a Client with its services pertaining to Advertisements on the Website.
    2. “Direct Marketing” will however not include contracts/agreements concluded as a result of an approach by a Client to AGENTS FORBIDDEN, whether by phone, sms, electronic mail or other method.
    3. A Client may, without reason, cancel a Direct Marketing Contract, by giving written notice to AGENTS FORBIDDEN within 5 business days of concluding the Direct Marketing Contract.

 

 

  1. WAIVER

Each User and Client hereby waives any rights or claims it may have against AGENTS FORBIDDEN 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 Website or the services or content provided from and through the Website.

  1. THE CLIENT’S OBLIGATIONS AND WARRANTIES
    1. The Client must, at its own expense:
      • include the information and details on each Advertisement as reasonably specified by AGENTS FORBIDDEN from time to time;
      • ensure that none of the information or Advertisements provided by it to AGENTS FORBIDDEN includes any content that:
        1. is outdated causing it to be false, misleading or incorrect;
        2. may be considered abusive or offensive;
        3. infringes the intellectual property rights of any third person; or
        4. infringes 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.
    2. The Client warrants that the content, form and design of the Advertisements and other information provided by the Client to AGENTS FORBIDDEN do not, and will not; infringe any or copy right or intellectual property rights of any other person.
    3. The Client indemnifies AGENTS FORBIDDEN and holds it harmless against any claim made against it as a result of the warranty in 8.2 not being true or any other breach of these STC’s or the Contract.

 

 

  1. PRIVACY POLICY AND PERSONAL INFO
    1. Each User and Client agrees that, by using the Website, they provide AGENTS FORBIDDEN with certain personal information, including, without limitation, the names and or company details of the registered owner, physical addresses, contact numbers, email address, location information and prices (“Personal Info“).
    2. AGENTS FORBIDDEN collects Personal Information to compile the Website, provide services to the Users and Clients and related purposes. It is mandatory for the Client / User to provide some Personal Information in order to access the Website, as indicated on the Website.
    3. By using the Website, each User and Client explicitly consents to AGENTS FORBIDDEN using or disclosing the Personal Information in the following circumstances:
      • for communication purposes from time to time, provided that the User or Client may request to be removed from a communication system;
      • de-identified or aggregated Personal Info may be used for statistical and data analysis purposes;
      • to improve the Website, to improve and develop new products, features and services;
      • in the ordinary course of its business and for promotions and marketing;
      • to any third party if it believes that it is required by law or by a court to do so or if AGENTS FORBIDDEN believes that this is necessary to prevent or lessen any unlawful or harmful actions.
    4. In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right :
      • of access to and the right to rectify the Personal Info collected;
      • to object to the processing of Personal Info;
      • to lodge a complaint to the Information Regulator whose details may be obtained from AGENTS FORBIDDEN.
    5. CONFIDENTIALITY
      1. Each Client and User undertakes to:
        • keep confidential all information, written and/or oral, concerning the business and affairs of AGENTS FORBIDDEN and of each other whether obtained from that party or any third party (“the Information”);
        • not disclose the Information to any third person who does not have an interest in the implementation of this agreement, without that party’s prior written consent;
        • 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
        • keep confidential the terms and conditions of this agreement.
      2. The provisions of this clause do not apply to any Information which is:
        • independently developed by the recipient;
        • publicly available without breach of this agreement; or
        • released for disclosure by the disclosing party with its written consent.

 

 

  1. INTELLECTUAL PROPERTY INDEMNITIES
    1. All the content on the Website, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name “AGENTS FORBIDDEN ” the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of AGENTS FORBIDDEN.
    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. DISPUTES

12.1  Either party may refer any dispute which arises out of the agreement concerning the offer to purchase or the property to the other party in writing for resolution and the parties will endeavour to meet within 14 (fourteen) calendar days thereof to resolve the matter or to agree on alternative dispute proceedings, failing which either party may take any action appropriate.

12.2  If the parties elect arbitration, the arbitration must be before a single arbitrator in the area in which the property, which is the subject matter, is situated. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.

12.3  Where the owner of the website is made a party to any arbitration procedure, instituted by any client or user, the arbitration must be held before a single arbitrator in Pretoria. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.

 

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