expsouthafrica.co.za is a site owned and operated by eXp Realty South Africa Proprietary Limited (registration number: 2020/480535/07) (“eXp Realty”), a private company duly incorporated and registered in accordance with the laws of South Africa.
These Terms of Use should be read together with our Privacy Policy.
1. UNDERSTANDING AND ACCEPTANCE OF THESE TERMS
1.1. These Terms of Use, including our Privacy Policy and all other polices that may be posted on the eXp website (“Website”) set out the terms on which we offer you access to use our Website. All of our policies are incorporated into these Terms of Use. You agree to comply with all of our policies and in particular these Terms of Use when you access and use our Website.
1.2. It is your responsibility to familiarise yourself with these Terms of Use and check them regularly for any updates.
1.3. By accessing the Website and using our services, you agree to all the terms set out in these Terms of Use. Should you not agree to these terms, or any of our updates or changes thereto as dealt with below, you should not access or use the Website.
1.4. You confirm that you are 18 years or older, or that you have been duly assisted to consent to these terms.
1.5. When we refer to “users”, “you” or “your” we mean you, the person accessing or using the Website.
The purpose of the Website is to allow our users to gain access to real estate professionals, mortgage lenders, service providers and data. To gain access to this network of professionals, you must submit certain personal information. This information will be used by eXp Realty to assist you in the real estate transaction process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information. Once you have been contacted by a real estate professional or service provider, any agreement you enter into with such third party will only be between you and such third party.
3. USING THE eXp Realty WEBSITE
3.1. As a condition of your use of the Website, you agree that you will not:
3.1.1. distribute viruses or any other technologies that may harm the Website or the interests or property of eXp Realty or other users;
3.1.2. impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;
3.1.3. copy, modify, resell, or distribute any content on the Website without our consent;
3.1.4. use any robot spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
3.1.5. harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person; or
3.1.6. bypass measures used to prevent or restrict access to the Website.
3.2. We reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or to refuse a user’s registration.
4. OBLIGATIONS OF A HOME SELLER REGISTERED WITH eXp REALTY
The terms contained under this section (Obligations of a Home Seller Registered with eXp Realty) apply, in particular, to any home sellers who register on the Website.
4.1. By completing the home information form on the Website, you agree that:
4.1.1. you are of legal age and are otherwise capable of forming a legally binding contract;
4.1.2. you are interested in buying or selling property;
4.1.3. you do not have an exclusive contractual or other arrangement with any real estate professional, and
4.1.4. you agree to be contacted by e-mail, telephone, text message or other means by eXp Realty or a member or affiliate of eXp Realty regarding content viewed on the Website.
5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
5.1. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of eXp Realty, its group companies or other affiliated parties and are all subject to copyright and other intellectual property protection laws. eXp Realty and all other trademarks and service marks indicated on our Website are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.
5.2. eXp Realty grants you a limited license to access and make personal use of the Website and not to download or modify it, or any portion of it, except with the express written consent of eXp Realty. The Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of eXp Realty.
6. EXCLUSION OF LIABILITY
6.1. IT IS A TERM AND CONDITION OF THE USE OF THE WEBSITE THAT YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND EXP REALTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. EXP REALTY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVER IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH EVERY EFFORT IS MADE TO PREVENT THIS.
6.2. EXP REALTY, ITS DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICIALS, SUPPLIERS, AGENTS AND/OR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (TO THE EXTENT CAPABLE OF BEING EXCLUDED BY LAW), WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, OR ANY EXPENSE OF ANY NATURE WHATSOEVER, WHICH MAY BE SUFFERED BY YOU THE USER, WHICH ARISES DIRECTLY OR INDIRECTLY UPON RELIANCE OF THE WEBSITE AND/OR ITS CONTENT.
6.3. EXP REALTY, ITS AGENTS OR SUPPLIERS WILL FURTHER NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT SPECIAL CONSEQUENTIAL OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA OR OTHER DAMAGE OF ANY KIND WHATSOEVER (TO THE EXTENT CAPABLE OF BEING EXCLUDED BY LAW) SUFFERED OR INCURRED BY YOU RELATED TO YOUR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE CONTENT OR THE WEBSITE OR ANY FUNCTIONALITY OF THE WEBSITE OR OF ANY LINKED WEBSITE, EVEN WHERE EXP REALTY IS EXPRESSLY ADVISED THEREOF.
6.4. YOU WILL INDEMNIFY EXP REALTY, ITS OWNERS, DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICIALS, AGENTS, SUPPLIERS OR REPRESENTATIVES, AND KEEP THEM FULLY INDEMNIFIED, FROM AND AGAINST ANY LOSS OR DAMAGE SUFFERED OR LIABILITY INCURRED IN RESPECT OF ANY THIRD PARTY, WHICH ARISES FROM YOUR USE OF THE WEBSITE.
6.5. IN NO EVENT WILL EXP REALTY, ITS OWNERS, DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICIALS, AGENTS, SUPPLIERS OR REPRESENTATIVES BE LIABLE IN CONNECTION WITH THIS TERMS OF USE OR OUR SERVICES FOR ANY DAMAGES CAUSED BY:
6.5.1. ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS
6.5.2. ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
6.5.3. IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE;
6.5.4. YOUR USE OF OUR PLATFORM OR SERVICES IN BREACH OF THIS THIS TERMS OF USE; OR
6.5.5. ANY REASONS BEYOND OUR REASONABLE CONTROL, FORESEEABILITY OR PREDICTABILITY.
6.6. WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THE WEBSITE ARE CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON THE WEBSITE OR THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE WEBSITE ARE FREE FROM ERRORS OR OMISSIONS, OR THAT IT WILL MEET YOUR INDIVIDUAL TASTES, PREFERENCES OR EXPECTATIONS.
6.7. WE MAY MAKE CHANGES TO THE WEBSITE OR THE CONTENT ON THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
6.8. INFORMATION, IDEAS AND OPINIONS EXPRESSED ON THE WEBSITE SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE ENCOURAGED TO CONSULT PROFESSIONAL ADVICE BEFORE TAKING ANY COURSE OF ACTION RELATED TO INFORMATION, IDEAS OR OPINIONS EXPRESSED ON THE WEBSITE.
6.9. SUBMISSIONS OF CONTENT (LIKE CONTRIBUTION TO BLOGS, COMMENTS ON ARTICLES POSTED), POSTINGS OF ANY KIND TO THE WEBSITE AND E-MAILS SENT TO THE WEBSITE ARE NOT EDITORIALLY CONTROLLED BY US AND THEREFORE WE CANNOT BE HELD LIABLE (WHETHER IN DELICT, CRIMINAL, ADMINISTRATIVE OR OTHER LAW) FOR ILLEGAL OR UNCONSTITUTIONAL CONTENT (INCLUDING, BUT NOT LIMITED TO, DEFAMATORY OR HARMFUL CONTENT).
7. THIRD PARTY SERVICES AND LINKS TO THIRD PARTY WEBSITES
7.1. The Website contains third party service providers (such as estate agents, lenders, mortgage brokers, bond originators, etc.). The Website contains information about, or links to, these companies as a service to you who may be interested in such services. eXp Realty is not responsible for the contents of any link to or from this site. eXp Realty does not endorse the policies or practices of, or opinions expressed on, other websites linked to or from the Website; nor does eXp Realty make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by eXp Realty of the services, the site, its contents or its sponsoring organisation.
7.2. When you acquire services or products from a third party the Website, you understand and agree that:
7.2.1. eXp Realty is not a party to the contract between you and the third party;
7.2.2. eXp Realty is under no obligation to monitor the third party service used by you;
7.2.3. the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. eXp Realty will not be liable to you for any reason under the contract with the third party; and
7.2.4. it is your responsibility to evaluate the service and the applicable terms and conditions before acquiring the service.
7.3. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH THE WEBSITE, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, EXP REALTY AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN WEBSITE.
8. PROFESSIONAL REAL ESTATE ADVISORS
8.1. Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. eXp Realty, its agents, employees, officers, subsidiaries, members or affiliates do not, via the Website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of the Website should contact their own professional advisors for such advice.
8.2. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR DEALINGS WITH ANY REAL ESTATE INVESTOR OR INVESTMENT COMPANY OR REAL ESTATE BROKER OR BROKERAGE COMPANY THAT IS LINKED TO, INCLUDED IN, OR REFERRED TO BY THE WEBSITE. YOU AGREE AND UNDERSTAND THAT YOUR CHOICE TO DEAL WITH ANY MEMBER OF THE WEBSITE IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR SUCH DEALINGS. IN NO EVENT SHALL EXP REALTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO YOUR DEALINGS WITH INVESTORS, MEMBERS OR AFFILIATES OF THE WEBSITE.
9. USER IDS
9.1. In order to access and use certain features or services of the Website you may be required to:
9.1.1. register or subscribe to use the Website, where you will create, or we will allocate you, a username, password or other log-in (“User ID”);
9.1.2. login using your User ID; and
9.1.3. comply with the Terms of Use.
9.2. Your User ID is personal to you. You:
9.2.1. must keep your User ID confidential and not disclose it to any third party;
9.2.2. must inform us promptly if a third party gains access to your User ID;
9.2.3. are responsible for all payments, use of, or activity on the Website under your User ID;
9.2.4. will not do multiple log-ins simultaneously (log-in at any one point in time more than once using the same User ID);
9.2.5. will not circumvent our User ID authentication procedures or systems; and
9.2.6. ARE LIABLE FOR ANY DAMAGE, LOSS OR COSTS SUSTAINED BY YOU, US OR BY ANY THIRD PARTY HOWSOEVER ARISING AS A RESULT OF ANY ACTIONS BY YOU OR ANY THIRD PARTY USING YOUR USER ID.
9.3. While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
9.4. You will also not retain any entitlements to your User ID once this agreement ends.
10. AVAILABILITY
10.1. While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
10.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10.3. We reserve the right to modify or discontinue the Website, or any features, at any time without notice to you.
11. SECURITY
In order to ensure the security and reliable operation of the Website for all users, eXp Realty reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) will, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by eXp Realty and its affiliates, agents and/or partners.
12. General
12.1. These terms and the other policies posted on the Website constitute the entire agreement between eXp Realty and you.
12.2. This agreement is governed by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against eXp Realty must be resolved by the courts of the Republic of South Africa.
12.3. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
12.4. We may update these Terms of Use at any time and in our sole discretion. Any such change will be effective from the date of being posted on the Website.