ON SHOW PROPERTIES (PTY) LTD
TERMS AND CONDITIONS FOR CLIENTS AND USERS
Below are the terms and conditions under which you may use the website www.onshowthisweek.com ("the Website". The Website is owned and managed by On Show Properties (Pty) Ltd (“On Show Properties”), registration number 2016/345688/07.
On Show Properties (Pty) Ltd has the right to amend these terms and condition at any time by updating them here and it is the users responsibility to check for any updates or changes.
By using the website, you agree that you accept and are bound by these terms and conditions.
"Clients" - Refers to Estate Agencies that have signed up with On Show Properties for the purpose of marketing their Show Houses.
"Users" - Refers to any individuals or entities accessing and using the Website.
OBLIGATIONS AND WARRANTIES
On Show Properties and its Website provide the following services to their Clients and Users:
The weekly online marketing of on show properties in South Africa, provided via links from its Clients.
Provide telephonic support and services Monday to Friday, from 08:00 to 17:00 and on Saturdays from 09:00 to 12:00.
On Show Properties does not make any warranties regarding the content on the Website or that:
the Website will never have errors;
the Website will at all times be accessible and operational; and
the links or pages accessed through the Website are free of viruses, trojans or any other harmful programs.
Each User acknowledges that On Show Properties cannot not verify or warrant the accuracy or of the on show properties as these are provided by the Client.
Users may not use the website to transmit, distribute, hide or store any material or programs. Users are also prohibited from using any robots, spiders, other automatic devices or manual process to monitor or copy any part of the website or it's User's information.
Users are prohibited from violating or attempting to violate the security of the Website, including attempting to send unsolicited emails, promotional campaigns and/or advertising of products or services
On Show Properties may make use of "cookies" on the Website. Cookies are small pieces of information that are stored in the hard drive of the User's computer.
The Website contains links to other third party websites over which On Show Properties has no control. On Show Properties does not recommend any products or services advertised on those websites and the Client/User uses them at its own risk.
INDEMNITIES AND WAIVERS
Clients and Users hereby acknowledge and accept that On Show Properties is not an estate agent, attorney, financial adviser or financial service provider.
Each User and Client hereby waives any rights or claims it may have against On Show Properties in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered as a result of the User's or Client's use or inability to use the Website or the services or content provided from and through the Website.
Under no circumstances shall On Show Properties be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
By using this website and signing up for weekly notifications, you are agreeing to provide some of your personal information. Such information will become the property of On Show Properties (Pty) Ltd.
On Show Properties will need to use this information in order to provide you with regular updates on the properties that match your search criteria.
Users may at any time, cancel their subscription and request that On Show Properties cease sending weekly updates or request that your personal information is removed from our database completely.
On Show Properties will not disclose any personal information to anyone third parties without it's Users prior consent, unless where the law requires us to do so. We may however need to disclose personal information to our employees or agents who require such information to carry out their duties.
In terms of the Protection of Personal Information Act, 2013, a person who’s Personal Info has been collected has the right:
of access to and the right to rectify the Personal Info collected;
to object to the processing of Personal Info;
to lodge a complaint to the Information Regulator.
OBLIGATIONS AND WARRANTIES BY THE CLIENT
The Client must, at its cost:
send a weekly email to On Show Properties, containing links to the properties that will be on show that week. This email must be sent by no later than close of business on each Tuesday.
inform On Show Properties by email, that no properties are going to be on show that week if that is the case. This email must be sent by no later than close of business on each Thursday.
ensure that none of the information or Advertisements provided by the client or their relative website links to On Show Properties includes any content that:
is false, misleading or incorrect;
may be considered abusive or offensive;
infringes the intellectual property rights of any third person; or
infringes the privacy and protection of personal information rights of any third person;
comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the timely placement of Advertisements on the Website.
The Client also warrants that the content from their respective website to On Show Properties does not, and will not, infringe any intellectual property rights of any other person.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS
All content on the Website, including but not limited to graphics, text and hyperlinks, as well as the design of the website are the property of or are licensed to the website.
Users are not granted any rights including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights to any of the content found in or on the Website.
DISPUTES AND SEVERABILTY
The above Terms & Conditions constitute the entire agreement between On Show Properties, it's clients and it's Users.
Any failure by On Show Properties to exercise or enforce any rights or provisions of these Terms & Conditions shall in no way constitute a waiver of such.
In the event that any term or condition is not fully enforceable or valid for any reason, the remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Any party may refer any dispute which arises out of this agreement to the other party for resolution. The parties must meet within 10 working days to attempt to resolve the matter, failing which either party may take any action appropriate. If the parties elect arbitration, the arbitration must be in Johannesburg and must be held in English.