1. DESCRIPTION OF SERVICE
DigiProp.co.za
currently provides users ("members") with access to
a quality collection of properties for sale and for rent in
South Africa. You also understand and agree that the Service
may include advertisements and that these advertisements are
necessary for DigiProp.co.za to provide the Service. You also
understand and agree that the service may include certain communications
from DigiProp.co.za, such as service announcements, administrative
messages and the DigiProp.co.za Newsletter, and that these communications
are considered part of DigiProp.co.za membership and you will
not be able to opt out of receiving them as long as you have
not cancelled your membership access. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new DigiProp.co.za properties,
shall be subject to the Terms of Use. You understand and agree
that the Service is provided "AS-IS" and that DigiProp.co.za
assumes no responsibility for the timeliness, deletion, mis-
delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the
Service. All ads paced will remain active for 90 days after
which they will be deleted. Feel free to drop in again after
90 days and place another ad.
2.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of the
United States, South Africa, UK, Canada or other applicable
jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted
by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or DigiProp.co.za has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, DigiProp.co.za has the
right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
DigiProp.co.za is concerned about the safety and privacy of
all its users, particularly children. For this reason, you must
be at least 18 years old to create a DigiProp.co.za account.
3.
DigiProp.co.za PRIVACY POLICY
Registration
Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy
policy here
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
DigiProp.co.za of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. DigiProp.co.za
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
5.
MEMBER CONDUCT
You
acknowledge, consent and agree that DigiProp.co.za may access,
preserve, and disclose your account information and Content
if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms of Use;
(c) respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer service;
or (e) protect the rights, property, or personal safety of DigiProp.co.za,
its users and the public.
You
understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
You
understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and use of these materials is subject
to usage rules set by DigiProp.co.za and/or content providers
who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service,
in whole or in part, is strictly prohibited.
6.
INDEMNITY
You
agree to indemnify and hold DigiProp.co.za, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of your membership.
7. NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service
(including your DigiProp.co.za login details), use of the Service,
or access to the Service.
8.
MODIFICATIONS TO SERVICE
DigiProp.co.za
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that DigiProp.co.za
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
9.
TERMINATION
You
agree that DigiProp.co.za may, under certain circumstances and
without prior notice, immediately terminate your DigiProp.co.za
account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited
to, (a) breaches or violations of the Terms of Use or other
incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you, (d) discontinuance
or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, and
(f) extended periods of inactivity. Termination of your DigiProp.co.za
account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related information,
files and content associated with or inside your account (or
any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be
made in DigiProp.co.za's sole discretion and that DigiProp.co.za
shall not be liable to you or any third-party for any termination
of your account, any associated email address, or access to
the Service.
10.
LINKS
The
Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because DigiProp.co.za
has no control over such sites and resources, you acknowledge
and agree that DigiProp.co.za is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that DigiProp.co.za shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
11.
DigiProp.co.za'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by DigiProp.co.za or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
DigiProp.co.za
grants you a personal, non-transferable and non- exclusive right
and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by DigiProp.co.za
for use in accessing the Service.
12.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. DigiProp.co.za EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON- INFRINGEMENT.
DigiProp.co.za MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM DigiProp.co.za OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
A
SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE
IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ADESENSEDECODED.COM SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF DigiProp.co.za HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15.
NO THIRD PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided in this Terms
of Use, there shall be no third party beneficiaries to this
Agreement.
16.
NOTICE
DigiProp.co.za
may provide you with notices, including those regarding changes
to the Terms of Use, by either email, regular mail, or postings
on the Service. AdsenseDecoded reserves the right to make alternation
to the Terms of Service at any time and without prior notice.
17.
TRADEMARK INFORMATION
DigiProp.co.za,
the DigiProp.co.za logo and other DigiProp.co.za logos and product
and service names are trademarks of DigiProp.co.za (the "DigiProp.co.za
Marks"). Without DigiProp.co.za's prior permission, you
agree not to display or use in any manner, the DigiProp.co.za
Marks.
18.
GENERAL INFORMATION
Entire
Agreement. The Terms of Use constitute the entire agreement
between you and DigiProp.co.za and govern your use of the Service,
superseding any prior agreements between you and DigiProp.co.za.
Waiver
and Severability of Terms. The failure of DigiProp.co.za to
exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavour to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
Terms of Use remain in full force and effect.
Statute
of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Use must
be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The
section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
19.
VIOLATIONS
Please
report any violations of the Terms of Use to our Support Team.
We
reserve the right to delete any account that publish SPAM advertisements
without any notification to the account holder.
We
reserve the right to delete any advertisements that is not property
related or describe a particular property in details. Ads like
"All property available, we sell anything" will be
seen as SPAM and both the ad and the user account will be deleted
immediately.
In
the articles published on this web site we do not give any financial
advice. We only share our experience in the property field with
the reader.
This
Terms of Service was last updated 14 January 2008