Terms & Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS, AND PRIVACY POLICY CAREFULLY.

By accessing this website under domain name www.pointon.co.za or by using any of our services, you are indicating your acceptance to be bound by these Terms and Conditions and Privacy Policy.

If you do not agree to all these Terms and Conditions and Privacy Policy, you are requested to exit this site immediately in order to prevent you from infringing on our legal rights.

We reserve the right to make any changes to these Terms which shall come into operation as soon as they have been updated on this Website. You should visit this page regularly to review the Terms and Conditions and Privacy Policy, to which you are bound.

 

Terms of Use

  1. Users may not use the website in order to transmit, distribute, store or destroy material:
    • In violation of any applicable law or regulation;
    • In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
    • That is defamatory, obscene, threatening, abusive or hateful.
  2. The following is prohibited with respect to the website:
    • Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
    • Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
    • Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
    • Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without Pointon’s prior written permission;
    • Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
    • Attempting to access any area of the website to which access is not authorised.

Copyright and Intellectual Property Rights

  1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
  2. Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.

Security

  1. Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
    • Accessing data not intended for such user or logging into a server or account which the user is not authorised to access;
    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
    • Sending unsolicited email, including promotions and/or advertising of products or services;
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
    • Deleting or revising any material posted by any other person or entity;
    • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
  2. Violations of system or network security may result in civil or criminal liability. Pointon will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer

  1. The website carries property advertisements, news, reviews and other content independently published by third parties on the website. The website is not involved in the buying, selling or development of the property process and must not be considered to be an agent, leaser, buyer and/or a developer with respect to the use of the website.
  2. Pointon shall not be responsible for any user entering into agreements or making decision whatever nature in connection with the posting of property ads, property information, personal owned property information and/or the contents thereof and/or any other information obtained on the website.
  3. Whilst Pointon has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
  4. In no event shall Pointon, and/or any third party contributors of material to the website be liable for any costs, illegal activities, 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, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
  5. Insofar as the website contains links to any other internet websites, you acknowledge and agree that Pointon does not have control over any such website and Pointon shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, illegal activities, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
  6. We cannot guarantee the quality, safety, compliance, or availability of any of the properties and listings associated with our Website.
  7. Pointon cannot confirm the identity of users or members. We do not investigate or verify any user or member’s reputation, conduct criminal background checks, credit worthiness, behaviour, honesty or morality. We advise that all users of the site take precautions when interacting with other members, especially if you meet a stranger in person for the first time.
  8. Pointon cannot guarantee that the Website will be available uninterrupted for 24 hours a day and will not be liable in any way whatsoever if the Website is unavailable for any period at any time of the day.
  9. Although Pointon will endeavour to provide uninterrupted service of the Website, it may need to be temporarily suspended without notice as a result of system failure, maintenance, repair or any other unforeseen event and will not be available during these times.
  10. You agree that all photos and videos uploaded to the Website are accurate and a true depiction of the property on offer, and that you own or control all the rights to these photos, videos and any other content submitted or published on the Website.
  11. You may not register for more than one account for whatsoever reason.
  12. You may not add telephone numbers or contact details in the property description, property photos or any content that you add to your profile on the Website.

Applicable Law

This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.

Pointon E-mail Disclaimer

  1. This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the attachments to any other person including the intended recipient. Please destroy this message and notify Pointon if this is the case.
  2. Any comments and statements contained within this message should be seen as opinions only and not statements of fact. Pointon will not accept liability for any loss suffered as a result of relying on this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity of the message.
  3. An e-mail is deemed to have been sent as soon as it is reflected in our service provider’s mail server logs and is deemed to be received once we have either sent a delivery receipt or confirmed receipt by way of e-mail.
  4. Pointon takes all reasonable steps to ensure that this e-mail message is free from destructive code (such as viruses) but cannot guarantee the message is free from destructive code and so cannot be held liable for any loss or damage due to destructive code. Please inform us as soon as possible should you become aware of any destructive code that originated from this e-mail.
  5. Pointon may monitor e-mails in an attempt to ensure the quality of communications as well as for purposes of investigating or detecting the unauthorized use of the e-mail system. Please do not communicate via this e-mail system if you do not wish for your communications to be subjected to such scrutiny.

Property Listing Service

  1. If you use the Pointon property listing service (Listing Service) then, in addition to the terms and conditions above, the following terms and conditions apply.
  2. In the following, “material” includes any text, photographs, floor plans or other material prepared and submitted by any third party service provider on your behalf.
  3. Pointon is not, and does not hold itself out to be:
    • An estate agent generally, or an “estate agent” as defined and contemplated in the Estate Agency Affairs Act, 1976, as amended, or any replacement legislation, in particular; or
    • An attorney, conveyancer, financial or tax advisor, mortgage bond originator, or valuer.
  4. Pointon has no power as agent or otherwise to negotiate or conclude any agreement on your behalf, and no such power must be inferred. You are liable for all obligations and consequences howsoever arising from your negotiation or conclusion of any agreement pursuant to the use of the Listing Service. You are strongly urged to make detailed enquiries about any party that you intend negotiating or contracting with, and to obtain advice from a qualified professional before concluding any contract.
  5. You use the Listing Service at your own risk.
  6. When using the Listing Service you may not submit any material that:
    • Is unlawful;
    • Is harmful to minors;
    • Is fraudulent, false or misleading;
    • Infringes any third party intellectual property, personal, confidentiality, or other rights; or
    • Is defamatory or obscene.
  7. You are solely responsible for all material that you submit and any consequences that may result from your submission. Pointon has the right (but not the obligation), in its sole discretion and without notice, to refuse or to delete any material that Pointon in its sole discretion considers to be in breach of these terms and conditions.
  8. You must submit all material in the format and detail determined by Pointon from time to time.
  9. Pointon has the right (but not the obligation), without notice:
    • To monitor and moderate all material submitted on the Listing Service; and
    • To refuse or to restrict any user’s use of the Listing Service, temporarily or permanently.
  10. Pointon:
    • Is not responsible for the inaccuracy of any material that is submitted. By using this website you agree to provide accurate, current, and truthful information when creating an account; and
    • Pointon does not endorse any material submitted or product listed, and no such endorsement must be inferred, or claimed by you.

  11. You grant Pointon a perpetual, royalty-free, transferable right to publish all material submitted by you.
  12. You must comply with all applicable laws, including (without limitation) the Consumer Protection Act, 2008 (in particular, sections 29 to 39 of that act) and the Alienation of Land Act, 1981.
  13. If you instruct Pointon to contract with any third party to prepare and submit material on your behalf, Pointon is not liable to you for any damages or costs howsoever arising as a result of any act or omission on the part of the third party, including (without limitation) any deficiency in the material, or damage or loss incurred at your premises when the third party renders the service; and you indemnify Pointon accordingly.
  14. We reserve the right to charge for our services and you agree to pay all fees and other amounts charged by Pointon for using the Listing Service from time to time. If you fail to pay the fees when due, Pointon may (without prejudice to any other rights it may have), without notice, suspend your use of the Listing Service temporarily or permanently. Fees are NOT refundable.
  15. Price packages are subject to change under the authority of Pointon at any given time.

Privacy Policy

  1. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Pointon.
  2. Pointon may use this information to provide you with information regarding our products, services, or events from time-to-time.
    You may request that Pointon cease sending you such information or request that your personal information be removed from our database or mailing list at any time.
  3. Pointon will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Pointon employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Pointon or its associated services or web site(s), Pointon will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
  4. Pointon makes use of first-party and third-party cookies, as well as web beacons and similar technologies to deliver measurement services and targeted advertising to visitors. Cookies may include Google Analytics cookies, a DoubleClick cookie, and a Facebook Event Tracking cookie. No personal information is shared with any third party when providing these targeted services.
  5. Pointon is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites.
  6. Pointon may at its discretion and from time to time disclose your personal information gathered through the site to selected partners for the purposes of marketing property, finance or insurance related services, consent for which is given by you utilizing the site. Should you want Pointon to cease disclosing your information you may send an e-mail to the following address and your details will be removed from the list: info@pointon.co.za Personal information excludes, Physical address, Sold price and Date of property transfer.