TERMS AND CONDITIONS

1. Introduction

1.1 These terms and conditions (the “Terms”) govern your access to and use of Hout Bay Properties’s websites and mobile applications that link to or reference these Terms (“Site”).

1.2 By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Hout Bay Properties (“Hout Bay Properties” or “we” or “us”).

1.3 Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

1.4 Hout Bay Properties conducts business of a real estate portal including by way of licensing third parties to use the Hout Bay Properties trademarks and brand to conduct real estate agency brokerage businesses (“Hout Bay Properties licensees”). Hout Bay Properties conducts marketing activities through affiliate companies (“Affiliates”). Hout Bay Properties, the Hout Bay Properties Licensees and the Affiliates are collectively known as the Hout Bay Properties Entities.

2. Changes to the terms of service

2.1 We may modify the Terms from time to time.

2.2 You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site.

2.3 If we make material changes to these Terms, we will notify post a notice on the Site prior to the effective date of the changes.

2.4 We will also indicate at the top of this page the date that revisions were last made.

2.5 You should revisit these Terms on a regular basis as revised versions will be binding on you.

2.6 Any such modification will be effective upon our posting of new Terms.

2.7 You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. Contact Details

3.1 Telephone Number: 079 520 9769

3.2 E-mail Address: shaun@lolakramer.com;

3.3 Site: www.houtbay.properties;

4. Intellectual Property

4.1 We own (or have the right to use) all content on the Site that we create and make available in connection with the Site (“Site Content”) including but not limited to visual interfaces, interactive features, graphics, designs and photograph’s.

4.2 We also own (or have the right to use) the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Site Content and the Site, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

4.3 You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content or IP Rights in whole or in part except as expressly authorized by us in writing. We do not grant you any express or implied rights, and all rights in and to the Site, the Site Content and the IP Rights are retained by us.

4.4 You may only print, display or download temporary copies of the Site Content to your computer for your own personal non-commercial use.

5. Third Party Sites

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

6. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

7. Disclaimer

7.1 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE HOUT BAY PROPERTIES ENTITIES TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

7.2 The Hout Bay Properties Entities will take reasonable care to ensure that the information contained on the Website is accurate. However the Hout Bay Properties Entities do not warrant the accuracy thereof.

7.3 All prices (in whatever currency stated), property sizes and property descriptions displayed on the Site should be verified by you independently of the Site. Nothing displayed on the Site should be construed as advice of any kind from the Hout Bay Properties Entities.

7.4 The Site is made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the Site is at your own discretion and risk. The Hout Bay Properties Entities make no claims or promises about the quality, accuracy, or reliability of the Site, its safety or security, or the Site Content.

7.5 The Hout Bay Properties Entities expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of any Hout Bay Properties Entities shall create a representation or warranty in regard to information displayed on the Site.

7.6 Your sole and exclusive right and remedy in case of dissatisfaction with the Site, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.

7.7 The Hout Bay Properties Entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.

7.8 The provisions of this clause shall constitute a stipulation for the benefit of each of the Hout Bay Properties Entities, capable of acceptance by them at any time.

8. Privacy and protection of personal information

8.1 You represent that you have read and understood our Privacy Policy. We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Affiliates, or the public. If you use the Site outside of South Africa, you consent to having your personal data transferred to and processed in South Africa.

8.2 You agree that we may collect, store and use certain personal information about you in accordance with our Privacy Policy.

9. Invalidity

Except as expressly provided to the contrary herein, each paragraph, clause, term, and provision of these Terms and any portion thereof shall be considered severable and if, for any reason any part of these Terms is held to be invalid, contrary to, or in conflict with any applicable present or future law, statute or regulation or in terms of a final, binding judgment issued by any Court, it shall not impair the operation of, or have any other effect upon, such other portions of these Terms as may remain otherwise intelligible, which remaining provisions shall continue to be given full force and effect and bind the parties hereto.

10. General Provisions

10.1 These Terms Conditions are governed by the laws of the Republic of South Africa.

10.2 In the event of any dispute arising between you and Hout Bay Properties, you consent to the jurisdiction of the Western Cape High Court (notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court).

10.3 Hout Bay Properties may legally assign any of its rights and obligations under these Terms at any time without giving you notice.