Terms and conditions of use
a) 'User' - a person who uses and/or accesses computer Software and/or material via the EPROP site;
b) 'Software' - Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;
c) 'Material' - Including but not limited to: text, submissions, images, audio and/or video in whole or in part;
d) 'Content' - Included but not limited to software and material:
e) 'EPROP' – Electronic Property Holdings (Pty) Ltd;
f) 'EPROP sites' - All the sites on the World Wide Web controlled and/or owned by EPROP including www.eprop.co.za
g) 'Submissions' - Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in EPROP sites via transmission by electronic mail or otherwise;
h) 'Forums' - Including but not limited to bulletin boards, chat rooms and other public areas found on the EPROP sites;
In this agreement unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal personae and visa versa.
1. TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE
The sites consist of contents that are derived entirely or in part from content supplied by EPROP and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.
The user, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material. Except in so far that the user may download one copy of the content on any single computer for the user's personal use only. Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from EPROP has been obtained. Requests for permission regarding any issue relating the contents which fall into the ambit of the limitations stated above, can be made by contacting EPROP in writing at:
Electronic Property Holdings (Pty) Ltd Po Box 2100 Parklands 2121
Or contact@eprop.co.za
The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the contents are sold, negotiated or given away and/or further alienated in any manner whatsoever.
2. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
EPROP contains links to other related World Wide Web Internet sites. No inference can be made or representation implied that EPROP is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with EPROP, EPROP is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk.
When visiting linked sites the user must refer to that linked site's individual terms of use and cannot rely on the terms of this agreement.
3. SUBMISSIONS / BULLETIN BOARDS
Any submissions shall be deemed to be and remain the exclusive property of EPROP. The various forums content, which are found on EPROP sites, shall be deemed to remain the exclusive property of EPROP.
EPROP has the right, but not the obligation to monitor and review submissions submitted by users, in the forums. EPROP shall not be responsible for any of the content of these messages. EPROP further reserves the right to delete, move or edit submissions that EPROP, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
4. RULES OF CONDUCT FOR THE USER
The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to EPROP sites that;
Use any of the forums for illegal purposes; Are for purpose of spamming; Restrict or inhibit any other user from using and enjoying the forums;
Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to EPROP sites through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to EPROP that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
Contain viruses or other harmful content;
Are intended for commercial purposes, contain marketing or promotional materials or are intended to ePropicit donations.
The user agrees that all submissions become the exclusive property of EPROP. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds EPROP harmless against all claims for any damages whatsoever arising from the use of EPROP sites.
Further EPROP states the following restrictions with regard to,
Illegal Activities
The user is prohibited from making use of our network to engage in any illegal or unlawful activity. These include, but are not limited to the transmission of content which:
- Carries any defamatory, discriminatory or obscene material;
- Carries child pornography;
- Carries religious or racial slurs;
Is used in connection with any infringement of another persons intellectual property rights (for example copyright and trademark);
- Engages in the transmission of pirated software;
- Threatens or encourages bodily harm;
- Destroys tangible or intangible property;
- Uses the network to harass another subscriber or visitor; and
- Uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent.
Fraudulent Activity
Users are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as 'pyramid schemes' and 'chain letters'.
Network Security Breaches
Users are prohibited from using our network to attempt to, or penetrate, or gain unauthorised access or circumvent any security measures implemented by EPROP. Such activities may result in criminal or civil proceedings being instituted against the user, it being understood that EPROP will co-operate with investigations being conducted by the administrators of other websites or networks in the investigation of suspected circumventions or penetrations on their websites or networks by the user from the EPROP network.
Disruption
Users are prohibited from using our network to disrupt the normal functioning of the network, the website or any part of the internet which includes, but is not limited to, all manner of 'denial of service attacks', attempted password cracking and utilising another subscribers account without that subscribers permission.
Use of Proprietary Material
Users are prohibited from using the network to obtain material protected by inter alia copyright (such as digital images, text and software for example) and trademark, unless the users have obtained the written consent of the owner of the protected material. Users are, however, entitled to the network to obtain and download materials in the public domain (such as digitised images, text and software for example), provided that such materials are clearly marked as available for download in this manner.
Use of the EPROP Chat Forums, Discussion Boards and Experts Forum
The user's failure to adhere to EPROP chat, discussion board and experts forum terms and conditions of use and chat and discussion board rules will constitute a breach of these website terms and conditions of use.
5. DAMAGES, WARRANTY, INDEMNITY
The user expressly agrees that the use of the EPROP site/s is at the user's sole risk. EPROP does not guarantee or warrant:
- That EPROP sites will be uninterrupted;
- That EPROP sites will be default free and that the defects will be corrected;
- That the results that may be obtained from the use or application of information gained from EPROP sites is accurate;
- That the servers that make the content available are free from viruses and other harmful content;
- Any merchandise provided through EPROP sites.
These sites are provided 'AS IS' and on an 'IS AVAILABLE' basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
The user acknowledges and confirms EPROP indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use EPROP sites. The user acknowledges that the provisions of this paragraph shall apply to all the contents of EPROP sites.
The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
6. GENERAL
This agreement, the terms, conditions and operating rules for EPROP sites, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence.
EPROP may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.
EPROP shall have the exclusive right to at any time change or discontinue any aspect or feature of EPROP sites.
EPROP reserves the right to alter its privacy policy and any terms and conditions regulating the relationship between the user and EPROP at any time.
The user acknowledges that by using the services from time to time, that the user shall become bound to the current version of the relevant terms and conditions (the 'current version') and, unless stated in the current version, all previous versions shall be superceded by the current version.
The user shall be responsible for reviewing the then current version each time it makes use of the service.
Without derogating from the aforegoing, and without imposing any obligation on EPROP whatsoever, EPROP reserves the right to give the user notification of amendments of the relevant terms and conditions and its privacy policy either by electronic mail or by posting a notice on this legal section of the website. On notification of the existence of the amended terms and conditions and/or privacy policy, the user shall be obliged to visit the legal section of the website and view the then current version.
The user acknowledges that many of the EPROP products incur a cost including, but not limited to, property listings, directory listings, job listings, advertising products, space leads/research and other access products, and agrees to pay EPROP the relevant charge.
A certificate signed by EPROP (or by one of EPROP's directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions and privacy policy.
7 AGREEMENT TO AND TERMINATION OF AGREEMENT
The use of or access to these sites constitutes the users acceptance of the terms and conditions hereof, which are binding on the user and take effect on the date which the user first makes use of, or accesses EPROP sites.
If the user does not accept all the terms and conditions in full, the user must exit the site immediately. EPROP has the exclusive discretion to terminate the agreement at any time.
After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid EPROP has the right to claim any indirect, direct, incidental, special or punitive damages caused to EPROP from the users unauthorized access and/or use of EPROP sites. The user further indemnifies EPROP against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the sites.
All of our terms and conditions and privacy policy shall in all respects be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection therewith, shall be determined in accordance with such laws.
Failure or neglect by EPROP to enforce at any time any of the provisions of this agreement shall not be construed as a waiver of its rights, nor shall such failure or neglect in anyway effect the validity or the whole or any part of these terms and conditions, nor prejudice EPROP's rights to take subsequent action.
This agreement contains the entire terms and conditions that apply to the user's use of the website and network and no other agreement between the user and EPROP shall be binding on us and no addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of EPROP.
Service Providers Disclaimer (for Service Providers directories and Procurement areas)
While EPROP endeavours to ensure at all times that the information published on its web sites is up to date, EPROP disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided through this service and does not warrant the truth, accuracy or completeness of the information provided.
The accreditations registered against Service Providers profiles are accreditations granted according to the internal accreditations processes of the accrediting companies EPROP has no responsibility for the respective accreditation processes. The accreditations are noted against the accredited companies purely for the information of the user and they commit neither EPROP nor the accrediting companies to any express or implied warranties relating to the companies’ products or services.
Electronic Property Holdings (Pty) Ltd - All Rights Reserved
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