NO AGENT REQUIRED (PTY) LIMITED – OwnerSelling.co.za
(Registration number: 2015/020664/07)

Your use of this website indicates your understanding and acceptance of these terms and conditions and your agreement to follow and be bound by them. If you do not agree to these terms and conditions, please leave this website immediately. As these terms and conditions may be amended from time to time, please ensure that you review same each time you enter this website.

All clauses in these terms and conditions indicated in bold are provisions which limit our risk or liability and/or constitute an assumption of risk or liability and/or a waiver of rights by you and/or are an acknowledgement of a fact by you, and are accordingly drawn to your attention. You are encouraged to pay particular attention to these clauses and to consider them carefully.

TERMS AND CONDITIONS OF USE      

between (i) No Agent Required (Pty) Limited and (ii) you (the user).

GENERAL

These terms and conditions must be read in conjunction with our Services Agreement (if applicable), which shall form part hereof. All services supplied by us are subject to these terms and conditions and our Services Agreement.

SERVICES

No Agent Required (Pty) Limited is a company which specialises in advertising and marketing. We provide immovable property owners with a platform, tools and materials necessary to allow them to market their immovable property for sale or rent. Our services are available exclusively to immovable property owners. No Agent Required (Pty) Limited is not an estate agent, legal or financial advisor and will not render the services of such persons. In particular, we will not be responsible for the negotiation and/or conclusion of any agreements that may result from the utilisation of our services or this website.

Should you be interested in utilising our services, you may contact us via electronic email on info@ownerselling.co.za or telephonically on 087 702 6278 from Monday to Friday between the hours of 8am and 5pm. Our standard Services Agreement shall be concluded prior any services being rendered and we reserve the right to reject, in our sole discretion, any offer for the use of our services.

LEGAL CAPACITY        

You hereby warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions and our Services Agreement (if applicable).       

WEBSITE CONTENT AND AVAILABILITY           

We make no representations and/or warranties (express or implied) as to the accuracy, completeness, suitability or reliability of any information, data, advertisements, photos and/or content shown or displayed on this website or that this website will be accessible and operative at all times.

The content expressed on this website is of a general, informative nature and should not be regarded as advice, whether of a legal or financial nature or otherwise. Before making any decision or taking any action based on any information displayed on this website it is recommended that you first obtain appropriate professional advice.

Links to third party websites (if any) are provided for convenience only and may be discontinued at any time. The fact that we may provide a link to a third party website does not mean that we endorse, authorise or sponsor that website, or that we are affiliated to such website’s owners or sponsors. If any third party website, which is not under our direct control, can be accessed from a link displayed on this website, we are not liable or responsible for any content displayed on the third party website.

INTELLECTUAL PROPERTY

All copyright, intellectual property and proprietary rights in and to all content published on this website, including trade marks, logos and names, vest solely in us. We may make changes to this website, its content, or to services offered through this website at any time without notice. You are not granted any licence or any other right, including under copyright, trademark or any other intellectual property right in, or to, the content of this website. You are furthermore not authorised to use, amend or exploit any of the intellectual property rights, including the trade marks, in any manner whatsoever.

DISCLAIMER AND EXCLUSION OF LIABILITY

You expressly agree that the use of this website is entirely at your own risk.

This website and all its contents are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied, with respect to this website, its contents, the accuracy or completeness thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of services or as to the nature of the services.

We do not warrant that this website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.    

To the extent permitted by law, we, our members, employees, officials, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect, incidental, special or consequential, or any expense of whatsoever nature, which may be suffered by you or any other person (whether by delict or breach of contract) arising from or as a result of:         

• reliance on this website and/or its contents;
• the content of this website being inaccurate or incomplete;
• an estate agent or broker misrepresenting him/herself as the owner of a property advertised on this website;
• use of, or inability to access or use, this website;
• the functionality of this website for any reason whatsoever;
• our services and/or this website not be available for whatsoever reason;
• the content of this website infringing the intellectual property rights of any person.

INDEMNITY      

You hereby indemnify and agree to hold us, our members, employees, officers, agents and/or contractors harmless against any losses or expenses (including attorney and own client costs) resulting from your failure to adhere to these terms and conditions and/or our standard Services Agreement (if applicable).           

PRIVACY POLICY AND PERSONAL INFORMATION

You acknowledge that, when accessing and utilising this website, we will gain access to certain of your personal information. You hereby consent to your personal information being used or disclosed to third parties for communication purposes; statistical and data analysis; to improve and develop this website and/or our services; to analyse the effectiveness of this website and our services; for marketing and/or promotions or if required by law. Should you wish to withdraw this consent, please notify us via electronic mail to info@ownerselling.co.za

NO CONTRACTUAL RELATIONSHIP

Nothing in this website is intended to be, or should be, construed to be an offer to enter into a contractual relationship with you.

CLOSING, SUSPENDING OR LIMITING THIS WEBSITE

We may change, suspend or close this website temporarily or permanently without notice. We may also limit certain services, features or functions, and we may restrict access to all or parts of any service on this website.   

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa. These terms and conditions are subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (the Act) and any of these terms and conditions which conflict with the compulsory provisions of the Act will be deemed to have been modified so as to comply therewith.

DOMICILIUM    

You hereby choose as your domicilium the physical address, email address and facsimile number provided to us. We choose as our domicilium 183 Main Road, Paarl, 7646, Western Cape.

GENERAL LEGAL TERMS        

No Agent Required (Pty) Limited shall be entitled to unilaterally vary these terms and conditions from time to time without notice to you.

These terms and conditions constitute the sole record of the agreement between us and you in relation to the subject matter hereof. Neither party shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein.

These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between us and you in respect of the subject matter hereof.

No indulgence or extension of time which either party may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these terms and conditions to any third party without our prior written consent.

No Agent Required (Pty) Limited may cede, assign or delegate any of its rights or obligations set out herein or in the Services Agreement (if applicable) without your consent.

All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.