Terms of Use Agreement

Welcome to the Property Sell Direct and our Family of Sell Direct websites, You the Subscriber or the User by using or by accessing the advertised information from the web on a Property Sell Direct and Family of Sell Direct websites are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site or our services. The term " Property Sell Direct and our Family of Sell Direct websites," or "us" or "we" or "our" refers to Property Sell Direct the owner of the Web sites. The terms "you" or "user" or "subscriber" refers to the user or viewer of our Web Site.

Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Propertyselldirect.co.za and our Family of Sell Direct sites, the content, products or services provided by or through the Sites, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Services offered

Property Sell Direct and our Family of Sell Direct websites, are an marketing and advertising media only service for sellers of property. Propertyselldirect.co.za and our Family of Sell Direct sites, are not acting as a Real Estate Agenty in the services offered on the site. Property Sell Direct and our Family of Sell Direct websites, do not represent the Buyer, or Seller, in any regard. Sellers include but are not limited to, property owners, real estate agents and brokers, land auctioneers and developers. All buyers and sellers assume total liability for any transactions, contracts, agreements and the like when conducting real estate negotiations or contracts with leads generated from Property Sell Direct and our Family of Sell Direct websites.

Information submission and Accuracy.

All information submitted to the site is entered by third parties for pubic display and is not independently verified, warranted, or guaranteed by Property Sell Direct and our Family of Sell Direct websites as to the accuracy, adequacy, reliability, currentness, completeness, suitability or applicability of the information. As a result, Property Sell Direct and our Family of Sell Direct websites, will not be held liable for loss of any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to inaccurate, misleading or false submissions on the site. All buyers and sellers will be responsible for personally verifying site content and information upon conducting any real estate purchase, transaction, or contract.

Property Sell Direct and our Family of Sell Direct websites, reserve the right to rearrange, restructure, reformat or make site changes and/or improvements as needed at anytime and without prior approval from its users or site partners.

All Users or Subscribers assume total liability and responsibility for any transactions, contracts, agreements and the like when conducting negotiations or contracts with leads generated from the Property Sell Direct and our Family of Sell Direct websites, are and will not be involved in any actual transaction between buyers and sellers. There is a link under the Professional services icon on our home pages where you will find a list of Independent Professional Property Consultants that will contract their services if needed.

Prospective buyers or persons intending to sell properties should contact a professional valuer for market advice and/or a lawyer for legal advice. All listed properties are subject to a prior sale and withdrawal from being available without notice. Property Sell Direct and our Family of Sell Direct websites, expressly warns all potential buyers to verify all property listing information and transaction details. Property Sell Direct and our Family of Sell Direct websites, expressly warns all sellers to take prudent personal safety precautions in the meeting or showing of properties to buyers, or other entities involved in the listing.

Payment Terms

No listing fees are payable when joining Property Sell Direct and our Family of Sell Direct websites, only an agreement to pay for results. The Seller shall only pay Property Sell Direct when the property is sold. Until such time that the property is sold, no money shall be payable by the Seller to Property Sell Direct for the advertising and introduction of the property, unless the Seller requests a specific form of marketing and also consents to pay for that specific marketing and or advertising. The Seller shall be liable towards Property Sell Direct, when the property has been sold, for the payment of marketing commission calculated at 1,8% (one comma eight percent) of the gross selling price of the property plus Value Added Tax (VAT) at the prescribed rate. Payment of the abovementioned commission to Property Sell Direct must be made as soon as the property is transferred in the name of the Purchaser.

Payment of the abovementioned commission to the Marketing Agent is remuneration for the advertising of the property through the internet to which the general public has access. The purpose of the marketing mandate to Property Sell Direct is that Property Sell Direct must assist the Seller to sell his own property and the Seller's obligation to pay commission as mentioned above is thus not dependant thereof that Property Sell Direct must be the effective cause of the transaction or that the Purchaser must have reacted on an advertisement of Property Sell Direct in regard to the purchase of the property. No commission shall be payable by the Seller to Property Sell Direct if the property is sold longer than 12 (twelve) months after the discontinuing of the advertising of the property by Property Sell Direct or longer then 12 (twelve) months from the receipt of written notice from the Seller in which he requested Property Sell Direct not to continue with the advertising of the property. In other cases as mentioned above, commission shall be payable by the Seller to Property Sell Direct when the property has been sold and transferred to the name of the Purchaser, irrespective of the reason for the sale or the manner in which the property came under the attention of the purchaser. Price of services, terms and availability of any or all of our services including the publishing of this site in its entirety are subject to change without notice to or approval by subscribers. Property Sell Direct and our Family of Sell Direct websites, may immediately cease to provide any and all services to the Subscriber without refund if found in violation of the terms of use.

Disclaimer and Warranty of ads.

These sites are provided by Property Sell Direct and our Family of Sell Direct websites, on an "as is" and on an "as available" basis. Property Sell Direct and our Family of Sell Direct websites, make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Property Sell Direct and our Family of Sell Direct websites, shall have no liability for any interruptions in the use of this Website. Property Sell Direct and our Family of Sell Direct websites, do not represent, warrant or otherwise guarantee that advertising any property through its service will result in any responses or any successful transactions. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or a document is disclaimed. Property Sell Direct and our Family of Sell Direct websites, shall not be liable for any direct or indirect lossesincluding but not limited to compensatory and consequential damages, attorney fees, fines, loss of data, income or profit loss of damage to personal or real property, personal injury or death, claims of third parties or punitive damages of whatever kind or nature arising out of or in connection with the use or operation of the Property Sell Direct and our Family of Sell Direct websites.

Add Posting:

Subscriber shall not post any ad content;

(1) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, racist, abusive, inflammatory, fraudulent, misleading, inaccurate or otherwise objectionable.

(2) That would encourage or provide illegal activity or may in any way be harmful to minors.

(3) That may infringe any trademark, copyright or other intellectual property.

(4) That contains Viruses or other harmful files.

(5) Contains content that could produce legal liability for Property Sell Direct and our Family of Sell Direct websites, and its owners, operators or consultants.

(6) That in the sole judgment of Property Sell Direct and our Family of Sell Direct websites is in violation of the mandate or intent of the websites.

Subscribers will not post information that is known to be inaccurate, misleading, inaccurate or incorrect. Subscribers that are an also licensed real estate agree to observe the laws of their licensing certificate in regard to truthful and non-discriminating advertisements. Subscribers certify that they have legal right to advertise for sale each and all of the listings they post on the Property Sell Direct and our Family of Sell Direct websites, reserves the right at any time to modify or discontinue the website service without notice, and that Property Sell Direct and our Family of Sell Direct websites, shall not be liable to Subscriber or User or to any third party for any modification, suspension or discontinuance of the Service. Property Sell Direct and our Family of Sell Direct websites, reserves the right to remove any ad content posted on our site at any time for any reason if it is perceived by us as in violation of these terms.

Limitation of Liability.

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Property Sell Direct and our Family of Sell Direct websites, or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

Copyright and Trademark Information.

The names of Property Sell Direct and our Family of Sell Direct websites, and any logos contained in the websites are trademarks of Property Sell Direct and our Family of Sell Direct websites, and may not be copied or used without the prior written permission of Property Sell Direct and our Family of Sell Direct websites. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited License; Permitted Uses below, is strictly prohibited. Some of the content on the site is the copyrighted work of third parties.

Third Party Links, Content and services.

Third party or merchant links, content, services or ads may appear on the Site. Property Sell Direct and our Family of Sell Direct websites, have no control over any third party content or services and does not endorse or make any guarantee of its accuracy or reliability. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on the Sites. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Third party content may appear on the Sites or may be accessible via links from the Sites.

Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Sites or any Content and Materials retrieved there from; (b) use the Sites or any materials obtained from the Sites to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Sites; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Sites; (f) make any portion of the Sites available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any of the Sites software or use any network monitoring or discovery software to determine the Sites architecture; (h) use any automatic or manual process to harvest information from the Sites; (i) use the any of the Sites for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any South African law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export any of the Sites or any portion thereof, or any software available on or through the Sites, in violation of the export control laws or regulations of South Africa; (l) framing or mirroring any portion or content of the sites into another website.

Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Registration.

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person.

Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site that is offensive or does not comply with our Listing Guidelines and Policies.

Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Sites.

Nontransferable.

Your right to use the Sites are not transferable or assignable to any other person or company. Any password or right given to you to obtain information or documents is not transferable or assignable to any other person or company.

Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding the Sites uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking here.

Refund Policy.

Property Sell Direct and our Family of Sell Direct websites, do not offer refunds on For Sale Signs ordered and paid for.

Governing Jurisdiction of the Courts.

Our websites are operated and provided in South Africa. As such, we are subject to the laws of South Africa and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our websites or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access one of our Sites you agree to do so subject to the internal laws of South Africa.

This Terms of Use Agreement is effective as of 3May, 2010.