Terms and Conditions

Last updates 07 July 2022

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “your”) and Cash for Homes (“Company,” “we,” “us,” or “our”), concerning your access to and use of the cashforhomes.co.za website as well as any other media form, media channel, mobile website, mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not or cannot agree to all of these Terms and Conditions, then you should discontinue the use of our website and we encourage you to contact us at info@cashforhomes so we can find a solution. These Terms and Conditions apply to all visitors, users and others who wish to access and use our Site and the services provided on our Site.

Supplemental terms and conditions or documents that may be posted to the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks, services, marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa, international copyright laws, and international conventions. The Content and the Marks are provided on the Site as-is for your personal use only. No part of the Site and no Content or Marks, in whole or in part, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose or personal gain whatsoever, without our express prior written permission.

User Representation

By using the Site, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you have the legal capacity and you agree to comply with these Terms and Conditions; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Site through automated or non-human means; (f) you will not use the Site for any illegal or unauthorised purposes; and (g) your use of the Site is not in violation of any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your accounts and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not use the Site for any purposes other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Site.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site.
• Delete the copyright or other proprietary rights notices from any Content.
• Upload or transmit any material that acts as passive or active information collection or transmission mechanism.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing a portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue-generating endeavours or commercial enterprise.

Contribution Licence

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purposes, commercial or otherwise, without acknowledgement or compensation to you.

Third-Party Website and Content

The Site may contain (or you may be sent via the Site) links to other websites. (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Website and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Website accessed through the Site or any Third-Party Content available through or on the Site. If you decide to leave the Site and access the Third-Party Website or use or rely on Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the Site. You agree that we shall not be held liable or responsible, directly or indirectly, for any harm, damages, or loss caused, or alleged to be caused, by any Third-Party Website or Third-Party Content.

Site Management

We reserve the right, but not the obligation, to: (a) monitor the Site for violations of the Terms and Conditions; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our system; and (e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our full Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy. Please be advised the Site is hosted in South Africa. If you access the Site from any region in the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the Site, you are transferring your data to South Africa, and you agree to have your data transferred to and processed in South Africa.

Terms and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or any applicable law or regulation. We may terminate your use or participation in the Site or delete your account without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

Modification and Interruptions

We reserve the right to change, modify, or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, process change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and Conditions shall be governed and defined following the laws of South Africa. Cash for Homes and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will accept to liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials; (b) injury or damages of any nature whatsoever resulting from your access and use of the Site; (c) any unauthorised access to or use or our services and/or any and all personal information and/or financial information stored therein; (d) any interruption of cessation of transmission to or from the Site; (e) any bugs, viruses, trojan horses, or the like which may be transmitted through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of (a) use of the Site; (b) breach of these Terms and Conditions; (c) any breach of your representations and warranties set forth in these Terms and Conditions; (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e) any overt harmful act toward any other user on the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such proceeding which is subject to this indemnification upon becoming aware of it.

Contact Us

To resolve complaints regarding the Site or receive further information regarding the use of the Site, please contact us at: info@cashforhomes.co.za