NOAGENT.CO.ZA TERMS AND CONDITIONS
NWSE Properties CC t/a No Agent (CK Number: 2003/044156/23) provides the information contained on this website and the pages comprising the website ("website") and advertises and sells the services to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms"). For the purposes of these terms, services means those services offered for subscription by NWSE Properties CC t/a No Agent from time to time via the website.
By accessing the website, you agree to be bound by the terms. NWSE Properties CC t/a No Agent may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website you agree to be bound by the terms, as may be modified from time to time.
Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, NWSE Properties CC t/a No Agent makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. NWSE Properties CC t/a No Agent reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
User Name and Password
Before subscribing to the services via the website, you will be obliged to enter your personal user name or number allocated to you by NWSE Properties CC t/a No Agent ("user name") and your personal password ("password"). You undertake to ensure that your user name and password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your user name and password. On receipt of such communication, NWSE Properties CC t/a No Agent reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by NWSE Properties CC t/a No Agent and immediately deactivate your password and user name. You shall thereafter be obliged to refrain from accessing the services until such time as a new password and/or user name, as the case may be, has been authorised by NWSE Properties CC t/a No Agent. NWSE Properties CC t/a No Agent may from time to time require you to change your password and/or user name, as the case may be, and you undertake to comply with such instruction immediately.
Please note that each subscriber requires his or her own user name and password. Should two users access the website using the same user name and password at the same time, the account linked to that user name will be frozen and you will need to contact NWSE Properties CC t/a No Agent on [email protected] and arrange for the account to be reactivated.
You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to NWSE Properties CC t/a No Agent electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by NWSE Properties CC t/a No Agent and you will be bound by such instruction with no liability of whatever nature attaching to NWSE Properties CC t/a No Agent in regard thereto.
You waive any rights you may have or obtain against NWSE Properties CC t/a No Agent arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that NWSE Properties CC t/a No Agent acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify NWSE Properties CC t/a No Agent against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that NWSE Properties CC t/a No Agent has acted on your instructions/orders or instructions/orders which purport to emanate from you.
Subscription to the services
The advertising of services via the website merely constitutes an invitation by NWSE Properties CC t/a No Agent for you to make an offer to subscribe to and use the services. Once you have selected the service to which you wish to subscribe and submitted your subscription to NWSE Properties CC t/a No Agent, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction.
By clicking on the "subscribe" or button you are deemed to have submitted an offer to subscribe to the services selected by you ("subscription"). NWSE Properties CC t/a No Agent reserves the right to cancel the subscription for any reason on notice to you. Receipt of a confirmation of the subscription will be sent to you once we receive your subscription.
A transaction to subscribe to a service will only be deemed to have been concluded once all amounts payable by you for the subscription to the services have been received by NWSE Properties CC t/a No Agent.
For details on payment options, please refer to the payment options.
Cooling off Period and Returns.
You may cancel your subscription to the services at any time within 7 (seven) days of date of subscription thereto and you will receive a refund of the subscription paid. In this regard, you must inform NWSE Properties CC t/a No Agent in writing within 7 (seven) days of date of subscription to the services.
Copyright and Intellectual Property Rights. Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by NWSE Properties CC t/a No Agent alternatively, NWSE Properties CC t/a No Agent is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of NWSE Properties CC t/a No Agent. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of NWSE Properties CC t/a No Agent.
Copyright and all intellectual property rights including vests with NWSE Properties CC t/a No Agent.
External links. External links may be provided for your convenience, but they are beyond the control of NWSE Properties CC t/a No Agent and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of NWSE Properties CC t/a No Agent.
Unlawful use. You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify NWSE Properties CC t/a No Agent against any loss, liability, damage or expense of whatever nature which NWSE Properties CC t/a No Agent or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
Warranties, Disclaimers and Limitation of Liability.
Save as set out in the terms, NWSE Properties CC t/a No Agent makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the services and the website and services made available via the website are provided "as is".
Neither NWSE Properties CC t/a No Agent nor its directors shall be responsible for and hereby disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the services. Without limiting the generality of the aforegoing, neither NWSE Properties CC t/a No Agent nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the website. You hereby indemnify NWSE Properties CC t/a No Agent or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, NWSE Properties CC t/a No Agent shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website.
Without limiting the generality of the aforegoing, NWSE Properties CC t/a No Agent shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order or subscription be stopped or cancelled.
By accessing the website, you warrant and represent to NWSE Properties CC t/a No Agent that you are legally entitled to do so and to subscribe to the services.
Use of the Website
NWSE Properties CC t/a No Agent does not make any warranty or representation that information advertised on the website are appropriate for use in any jurisdiction.
The terms constitute the sole record of the agreement between you and NWSE Properties CC t/a No Agent in relation to the subject matter hereof. Neither you nor NWSE Properties CC t/a No Agent shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and NWSE Properties CC t/a No Agent in respect of the subject matter hereof. No indulgence or extension of time which either you or NWSE Properties CC t/a No Agent may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
NWSE Properties CC t/a No Agent shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should NWSE Properties CC t/a No Agent be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as NWSE Properties CC t/a No Agent is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then NWSE Properties CC t/a No Agent shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
NWSE Properties CC t/a No Agent reserve the right to appoint an originator who will as a matter of course contact them to determine where and if we can add value.
This policy was last updated on 29 July 2010.
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