The use of this Website (and any liabilities of ooba (Pty) Ltd) trading as "PropertyGenie" is subject to the following terms and conditions:
1. PropertyGenie, through this Website, provides (and facilitates access to) a variety of information, including information pertaining to properties listed by various estate agencies in South Africa, as well as home valuations and other reports, estimates and analyses. This information is obtained primarily from external sources including Deeds Office data. PropertyGenie makes no warranties and/or guarantees that such information (or any other information contained on (or accessed via the Website) is accurate, correct or current.
2. Similarly, all valuations and calculations (including, but not limited to, bond repayment calculations) made on or by means of the Website are meant as guidelines only and should be independently confirmed before relying on them. PropertyGenie does not guarantee uninterrupted or error free information and/or the security of this Website or that of any stored visitor data.
3. PropertyGenie accepts no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom. Accordingly, any use of the information made available by means of the Website and/or any service offered by the Website is entirely at your own risk and it is your sole responsibility to evaluate the currency, accuracy, completeness and usefulness of all such information prior to relying on the same. PropertyGenie does not endorse the views, opinions and recommendations included in any website linked to the Website.
4. Information on the Website is provided to you solely for your personal and non-commercial use in regard to the sale or purchase by you of a home and anything related thereto.
4.1 You may not sub-license, resell, republish (including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form to third parties), reproduce, retransmit, disseminate, sell, broadcast, commercially exploit, adapt or circulate any information on (or accessed via) the Website without the express written consent of PropertyGenie (which consent may be refused at PropertyGenie's sole and absolute discretion).
4.2 Without limiting the generality of the aforesaid, you may not reproduce or distribute, or substantially copy any information or service from the Website onto your own server, or link to this Website, without the prior written permission of PropertyGenie (which consent may be refused at PropertyGenie's sole and absolute discretion).
4.3 PropertyGenie (including its information providers) are the sole and exclusive owners of all right, title and interest in and to the intellectual property rights inherent to, or contained in, the Website (including but not limited to trademarks, copyrights, patents, trade names and trade secrets), as well as all proprietary information and services listed on (and/or accessed via) the Website, including information and services relating to property listings, home valuations, financial wizards and underlying databases.
5. You may not use the Website in any manner that could damage, disable, overburden, or impair any PropertyGenie server, or the network(s) connected to any PropertyGenie server, or interfere with any other party's use of the Website.
6. You may not attempt to gain unauthorised access to any products, services, other accounts, computer systems or networks connected to any PropertyGenie server or to any of the products or services through hacking, password mining or any other means.
7. You are expressly prohibited from posting on or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under any law.
8. You may not use the Website in any manner for the purposes of conducting any business that is in competition with the business of ooba (Pty) Ltd or any subsidiary thereof, including any bond origination or insurance broking business, whether by spamming, forwarding your contact details and other business related information to any estate agent that has listed any property on this Website, or otherwise.
9. Without limiting the rights and remedies of PropertyGenie, PropertyGenie may deny you access to all or part of this Website without notice if you engage in any conduct or activities that PropertyGenie believes in it sole and absolute discretion are contrary the import and intent of this restriction.
10. This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the Republic of South Africa. Regardless of where you access the Website from, you agree to comply with all applicable laws of the Republic of South Africa, including those regarding the export of data, and with all other laws, rules and regulations that may be applicable to the use of the PropertyGenie Information. You hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division in respect of all proceedings, actions, applications or the like instituted by either party against the other relating in any manner to your accessing or use of, the Website. 11. Each paragraph, clause, term and provision of this Terms of Use Agreement shall be considered severable and if, for any reason, any part of these Terms of Use Agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall not impair the operation of, or have any effect upon such other portions of this Terms of Use Agreement as may otherwise remain valid or intelligible, which shall continue to be give full force and effect and bind the parties hereto.
12. This document (together with the Privacy Statement and read in conjunction with any additional terms and conditions as may be recorded on any page of the Website) contains the entire agreement between the parties relating to these presents and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
13. For the avoidance of any doubt it is recorded that PropertyGenie reserves the right to amend the terms and conditions set forth hereunder, as it, in its sole and absolute discretion, may deem fit, at any time and without any further notice to you. Accordingly, by accessing and/or using our Website, registering on any of our pages and/or applying for any products and/or services offered on these pages, you confirm that you have read, understood and agree to any such amended and/or altered terms and conditions, as they may be from time to time. No indulgence, leniency or extension of time, which PropertyGenie may grant or show to you, shall in any way prejudice PropertyGenie or preclude PropertyGenie from exercising any of its rights in the future. PropertyGenie's rights and obligations under this Terms of Use Agreement shall be fully assignable and/or transferable by it.
14. You acknowledge further that websites accessed by means of this Website may be subject to further terms and conditions imposed by the offerers of those sites and that your rights and obligations may be further regulated thereby.
