STANDARD TERMS AND CONDITIONS FOR CONSUMERS AND USERS (STC’s) 

1. DEFINITION: 

• The person, firm, company, close corporation or trust purchasing is hereinafter termed “the Consumer/User” and The Expert Landlord “The Expert Landlord”.
• “ECA” means the Electronic Communications Act 36 of 2008”
• “ECTA” means the Electronic Communications and Transactions Act 25 of 2002
• “Third Party Services” means those services provided by Third Party Services;

2. LEGAL CONSTRUCTION:

• The Expert Landlord hosts a website under domain name www.theexpertlandlord.com (“the Website”) for the online marketing of property listings for sale or for rent (collectively “Advertisements”) as well as to provide Landlords with resources to manage their own property.

3. APPLICATION TO CONSUMERS

• These STC’s together with the signed agreement (“the Contract”) concluded between The Expert Landlord and each Consumer who advertises on the Website (“Consumer”).
• If there is any discrepancy or conflict between these STC’s and the Contract, the provisions of the STC’s will apply.

4. 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 STC’s.
• Each User acknowledges that The Expert Landlord does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website.
• Each Consumer and User hereby acknowledges that:
  • The Expert Landlord is not an estate agent, attorney, financial adviser or other professional adviser;
  • each Consumer and User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
  • there is no obligation on a Consumer/User to make use of any of the service providers advertised on the Website;

5. INTELLECTUAL PROPERTY INDEMNITIES

• 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 “The Expert Landlord” and the associated logo the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of The Expert Landlord.
• The Consumer and Users must not reverse-engineer or attempt to copy the Website in any way. The Consumer and Users may not use any automatic device or manual process to monitor or copy any part of the Website.
• You will not / may not:
  • acquire any right, title or interest in or to the Website; Website Content;
  • make a permanent copy of or reproduce this Website and/or the Website Content in any form whatsoever;
  • reproduce or incorporate this Website into any other website; and
  • frame this Website without the express written consent of The Expert Landlord.
• You may only print, display or download temporary copies of the Website Content to your computer for your own personal non-commercial use.

6. WARRANTIES

• The Expert Landlord makes no representations or warranties about the site, which is provided “as is”. To the maximum extent permitted by law, we exclude all implied warranties regarding the site, including without limitation, the warranties of merchantability, fitness for purpose, title, and non-infringement.

7. LIMITATION OF LIABILITY

• The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, The Expert Landlord exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Websites and any materials you obtain via the Websites.
• You acknowledge and accept that use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, The Expert Landlord is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPERT LANDLORD DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
• THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE EXPERT LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.

8. INDEMNIFICATION

• To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold The Expert Landlord and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Your indemnification obligation to The Expert Landlord includes but is not limited to any instance where one or more of your submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

9. PRIVACY POLICY

• Each User and Consumer agrees that, by using the Website, they provide The Expert Landlord with certain personal information, including, without limitation, its name, company details, property searches, addresses, contact numbers, email address, Advertisements, sales statistics, location information, valuations, prices and rentals (“Personal Info”).
• The Expert Landlord collects Personal Info to compile the Website, provide services to the Users and Consumer and related purposes. It is mandatory for the Consumer / User to provide some Personal Info in order to access the Website, as indicated on the Website.
• By using the Website, each User and Consumer explicitly consents to The Expert Landlord using or disclosing the Personal Info in the following circumstances:
  • for communication purposes from time to time, provided that the User / Consumer 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;
  • for use by its business partners for commercial or marketing purposes;
  • to any party if it believes that it is required by law or by a court to do so or if The Expert Landlord believes that this is necessary to prevent or lessen any unlawful or harmful actions.
• 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 The Expert Landlord.

10. GENERAL PROVISIONS

• These Terms and Conditions are governed by the laws in force in the Republic of South Africa.
• In the event of any dispute arising between you and The Expert Landlord, you consent to the jurisdiction of the Johannesburg High Court (notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court).
• You agree that you shall only use the Website for lawful purposes and shall not in any manner whatsoever modify, distribute or exploit the Website Content of without The Expert Landlord’s prior written consent. You also agree that you shall not abuse or misuse the Website or the Website Contents in any manner whatsoever.