GENERAL TERMS AND CONDITIONS

Name: Property with Alton (Pty_ Ltd ("PWA")

Registration number: 2021/430133/07

PWA'S CONTACT DETAILS

Email: support@propertywithalton.co.za

Address: 2-015 BlackBrick 25 Fredman Drive, Sandown, 2031

ACCEPTANCE OF THIS USE AGREEMENT BY YOU

You may use PWA's service and Apps, subject to the terms and conditions set out in this document.

This agreement is valid and binding on, and enforceable on, all persons accessing this site or any portion thereof. Please read this Terms of Use carefully as your use of this App implies that you accept and are bound by the Terms of Use. Leave PWA's App immediately if you do not agree to the terms of this Terms of Use, as further use automatically commits you to this Terms of Use, notwithstanding any differences you may have with the terms of this policy.

ACCEPTANCE OF THIS USE AGREEMENT BY ALL Users

By accepting this usage agreement, you also accept it on behalf of all family members, person(s), employees, partners, directors, company officers, relevant stakeholders and/or company(ies) included in your booking through PWA's App or service and declare that you have the authority to do so.

VARIATION

PWA reserves the right to change and/or amend this agreement or any part thereof at any time without prior notice or justification. Any changes of this nature will be indicated in this document. Please read this user agreement carefully as your use of this App implies that you understand and accept any changes (which will take effect as soon as it is published on the App) if you continue to use this App after said changes has been published.

THE ENTIRE USE AGREEMENT

This Terms of Use constitutes the entire agreement between you and PWA and supersedes any and all prior communications, meetings, discussions, promises, representations, agreements, policies and understandings of any kind.

SEVERABILITY

To the extent that any part of this Terms of Use is declared invalid, illegal or unenforceable by any court with the appropriate jurisdiction, in which case such part of the remaining provisions will be separated, the remainder will still be enforceable and applicable, as required by law allowed.

INABILITY TO ENFORCE

Any inability by PWA to enforce any right or condition of this Agreement shall not be construed as a waiver of such right or condition. PWA reserves the right to cede, assign or otherwise transfer its rights and obligations under this Terms of Use to any third party.

LEGAL COSTS

PWA will not be liable for any costs incurred by you for professional advice on this use agreement.

JURISDICTION

This usage agreement is regulated by the laws of South Africa. You agree that any legal action that may arise under this Terms of Use shall commence and be heard in the appropriate South African court.

BOOKING TERMS

PWA'S SERVICES

PWA is a property management company that provides a self-help app and allows the general public to book supplier services via this app with various third-party service providers.

ALWAYS SELF-HELP

It is your sole responsibility to determine and provide the correct information during the booking process, as well as to check the appropriateness of any professional service prior to booking. PWA may contact you through various communication channels and possibly even use the App on your behalf, but it is still your responsibility to determine the final appropriateness and to check the accuracy of all information before making the booking.

BOOKING IS DIRECTLY WITH THE SUPPLIER

Any booking you make through PWA's service is made for you to a third party service provider (a "Supplier"). You acknowledge that PWA acts as an agent of the Supplier, which undertakes to provide you with the agreed professional service. Any right to recovery you may have under the professional service provided will be directly with the Provider, although PWA is always willing to facilitate where possible.

QUOTATIONS, RATES AND PRICES

All rates published on this App are subject to change without notice. Rates displayed anywhere on the App, other than a quote, are for guidance only. Only quotes given directly to a user by the App are considered a legitimate offer. Quotations are always subject to the relevant Provider's availability.

While PWA strives to display accurate pricing at all times, pricing errors can sometimes occur. In such circumstances, PWA will change the price, even if the amount appears in a quote or has already been paid.

YOUR RESPONSIBILITIES:

You understand and accept the responsibilities associated with using a self-help booking App, as operated by PWA. These responsibilities include, but are not limited to, the following:

  • certainty that the right provider with your required features is chosen
  • check that details are accurately provided and included in the discussion
  • assurance that all the correct documents and permissions have been obtained before completing your booking
  • knowledge of which vaccinations or medications are recommended for both customers to and providers – providing selected service(s) at the booked destination/site
  • certainty of your ability to request in terms of age, health, financial status or any other relevant factor
  • any other factors that may affect your ability to book selected services and/or products

For example, when the following documents are required, you are solely responsible for ensuring that you have the relevant documents at hand:

  • valid identification
  • any other documents that may be required to secure booking of selected services and/or products

PWA also recommends that you take out insurance products to protect you from any risk that may accompany your booking. There are several risks associated with any selected service and/or product and you understand that PWA offers no protection against these risks. For example, you need to make sure that you have adequate protection against loss due to illness, cancellation, injury, damage to your property, theft or any other possibilities.

SUPPLIERS 'TERMS

Each Provider has their own Terms and Conditions that apply to your booking. It is your responsibility to familiarise yourself with these Terms and Conditions of the Supplier before completing the booking of the selected service(s) and/or product(s).

ACCEPTANCE OF INSTRUCTIONS

PWA may accept instructions regarding a booking from any party with access to the email address or cell phone number used for the booking, or with substantive knowledge of the booking (such as the reference number).

CANCELLATION POLICY

All bookings of selected services and/ products available on this App and related costs are non-refundable unless otherwise indicated during the booking process. When a more lenient cancellation policy applies, that cancellation policy will be indicated to you during the booking process and will be included in your booking. In cases where there is no cancellation policy, please accept that it is a non-refundable booking or contact us to confirm which cancellation policy applies.

Upon receipt of a written instruction from you to cancel a booking, any amount due to you from the Provider concerned, in terms of its cancellation policy, will be paid to PWA. Consequently, PWA will refund this amount to you within 15 days of receiving the Supplier. The money will be deposited in your bank details (minus any applicable fees). PWA is not obliged to make any payments to you in the event that you are not entitled to a refund, or the money cannot be recovered from the Supplier.

AVAILABLE BOOKINGS

In the event that a Provider no longer has your chosen service available, after you have paid for the booking, PWA undertakes to find you a suitable alternative, or, if is not possible, to help as much as possible to get your money back from the Provider. You can request a refund from the supplier within 3 days, this is solely based on the supplier’s refund policy.

SCEHDULED BOOKING DELAYS AND RESCHEDULING

You understand that bookings are sometimes rescheduled or delayed for various reasons and it is your responsibility to look out for such changes in your planning/scheduling ahead of time. PWA will not be held liable for such changes. Any additional costs, including, but not limited to, scheduling changes or alternative scheduling arrangements are at your own expense.

PAYMENT OPTIONS

South Africa is the trading country by the time payment options are shown to the cardholder. The currency in which the transactions take place is South African Rand (ZAR).

Other payment methods accepted by PWA are payment by Visa or MasterCard credit cards. PWA has put in place all possible measures to ensure that credit card payments on PWA's App are secure. The primary measures put in place to ensure this security are as follows:

  • Credit card transactions will be obtained for PWA via Flutterwave (www.flutterwave.com)
  • PWA does not store credit card details on our system. PWA simply sends the credit card details to Flutterwave (www.flutterwave.com) approving the transaction.
  • PWA and Flutterwave (www.flutterwave.com) use strict encryption. No credit card details will ever be sent via unsafe methods, such as by email.

Except where otherwise stated in this agreement, the rules, processes and procedures of Flutterwave (www.flutterwave.com) and the relevant paying bank, finalizing bank and card association apply to all payments and transactions entered into on this App and your rights and obligations, in respect of outstanding payments to or by you, will be decided accordingly.

Notwithstanding PWA's compliance with the above primary measures, you hereby indemnify PWA from liability for any damage, loss or debt of any kind arising out of the payments and transactions incurred on this App.

FEES AND COMMISSION

PWA may receive payments or commission from Suppliers for bookings. PWA may offer additional service offerings, standard service or package, offered directly by PWA or by an agent posing as the Provider.

These additional services may include their own terms and conditions and if such terms and conditions are inconsistent, they will replace PWA's.

DISSATISFACTION

If, for any reason, you are dissatisfied with your booking, please contact PWA immediately. If your dissatisfaction emerges during the rendering of the selected service, you are encouraged to contact PWA immediately, if possible, so that the situation can be rectified. If you contact us after the selected job and/or service, please communicate same within a week of the date of completion of the selected service. However, we do not guarantee that we will be able to correct your dissatisfaction.

LIMITED LIABILITY

If, notwithstanding the remaining provisions of this Consumer Agreement, we are liable for any damages, the liability will be limited to the maximum monetary value you have paid to us or a maximum monetary value of R 5000.00 (Five Thousand Rands) whichever is the lesser.

DISCLAIMER

Neither PWA nor any of its members, employees, officers, representatives, agents, consultants, suppliers, service providers or subcontractors (“Indemnified Parties”), shall be liable for any direct, indirect, special or consequential losses or damages of any kind whatsoever all that results from:

  1. your access to, or use of this App; or
  2. your purchase of / or use of any of the products or services available on this App; or
  3. the unavailability of any of the products or services provided on this App; or
  4. the inability to access this App or use the products and / or services available on this App; or
  5. the use of hyperlinks on this App or the use of or reliance on any App from which you move to or from this App with a hyperlink; or
  6. access to or the inability to access Apps and/or websites that link to this App; or
  7. access and / or use of this App by any person from a jurisdiction within which such activity is prohibited; or
  8. the submission or transfer of information or content on or through this App by you; or
  9. the violation of these Terms of Use or any other laws, regulations or rules by you; or
  10. information or content you submit to PWA that is in violation of any law or violation of any third party's rights (this includes, but is not limited to, defamation, invasion of privacy, breach of trust or infringement of copyright or any other intellectual property right).
  11. your interaction with any Provider.
  12. The interaction of any customer with any booking associated with PWA's App or services with any Provider. Such interactions include, but are not limited to, any services booked through PWA's App or services or any products booked through PWA's App or services.

You hereby indemnify Indemnified Parties from any losses, damages, debts, claims and costs of any kind, whether compensatory, direct, additional, consequential or otherwise, incurred by the Indemnified Parties arising out of, or in any way related to with, (i) to (xii) above.

PWA reserves the right to defend and manage any claims arising from the above and you agree to cooperate fully with PWA during defences of this nature.

USE OF THE APP

PERMITTED USE OF THIS APP

You may only search this App for legitimate, personal and non-commercial purposes and may not use the App for:

  1. harmful purposes; or
  2. illegal purposes; or
  3. the disclosure, distribution or publication of content that may be offensive, defamatory, regulated, erroneous, untrue, prohibited, unlawful or harmful to any person; or
  4. creating, storing and sending unsolicited commercial communications.

Names, e-mail addresses, telephone and fax numbers published on this App may not be included in any database used for electronic marketing or similar purposes. No permission is given or implied that information on this App may be used to have unsolicited communication with PWA, and all rights are set out in detail in section 45 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT Act”) is reserved.

If you use information from this App and thereby violate this user agreement, PWA reserves the right to claim damages and / or take criminal action against you.

SOFTWARE AND EQUIPMENT

It is your responsibility to provide the necessary hardware, software, communication channels and Internet access accounts that enable you to access the Internet, this App and / or download content from this App, at your own expense. procure and maintain.

SUBSCRIBING DETAILS AND PASSWORDS

You hereby undertake to retain any and all passwords required for access to, or use of, the App. You will be legally bound by any action taken on this App by any person accessing your profile. You hereby indemnify PWA from any damage, loss or debt of any kind resulting from unauthorized access to this App.

ACCURACY OF YOUR INFORMATION

You hereby undertake to ensure that all the information you provide to PWA is correct and is constantly updated. This includes, but is not limited to, your name and email address. PWA is not liable for any damage, loss or debt of any kind as a result of any misrepresentation by you. If you fail to update your information on an ongoing basis, we reserve the right to suspend or remove your profile.

INTELLECTUAL PROPERTY LAW

Unless otherwise stated, this App, all text, images, trademarks, trade names, logos and other content contained herein, including and without limitation, PWA's logo and all designs, text, graphics, images, downloaded content, information, data, software , audio and video material and other files, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof are the legal property of PWA or its licensees or users and are protected against infringement by the South African and international copyright laws and treaties and may not be reproduced or appropriated in any way without the prior written permission of PWA (or the other respective owners, if applicable).This App and all its contents and rights to it are reserved under the name of PWA.

Unless specifically prohibited by a published notice on any page of this App, those portions of the App that you reasonably need for your own private, non-commercial purposes may be viewed, downloaded and / or printed, provided that the appropriate owner's notice and / or contradictions are attached to the copy and that the content of the App is not reproduced, modified, adapted or processed in any way.

Except for the above, all other uses of the App and its content are prohibited and without limiting the generality of the above, no person is entitled to reproduce, transmit, publicly, content of this nature without PWA's written permission in advance. perform, distribute, adapt, translate, modify, bind together, merge, divide, make available, use or exploit for commercial and non-private use or to obtain derivative works of create content of this nature.

You may not modify, copy, use, degrade, and / or disassemble the source code of this App. You may not use the logos, icons or trademarks on this App as hyperlinks, or for any other purpose, without the written permission of PWA.

This App contains material owned or licensed by PWA. This material includes, but is not limited to, the design, layout, appearance and graphics, and may be subject to copyright and / or other design and intellectual property rights. You may not copy, duplicate or use such information in any way other than as agreed between us and / or the owner, or to the point where such use is in addition to your use of the App.

ACCURACY OF CONTENT ON THIS APP

PWA undertakes to ensure, within reasonable limits, that the information provided by Provider(s) on this App is correct and up to date.

However, we do not conduct site inspections of the Providers. We therefore do not guarantee the accuracy and completeness of the information provided by the Providers listed on this App, or the information provided by the users of the App.

You are encouraged to bring to the attention of PWA any false, inaccurate, defamatory, illegal, infringing and / or harmful content contained on this App, and we will make reasonable efforts to provide content of this nature, or any portion thereof, amend and / or remove if you can provide reasonable grounds to prove that the content is of this nature.

Although PWA does everything in its power to reasonably ensure that the information on the App is up to date and correct, PWA is not liable for any loss, breach, damage (whether direct, consequential, general or special) or any costs of any kind caused, directly or indirectly, by the use of, provision of or reliance on any information or services provided by or to PWA through this App.

SERVICE INTERRUPTIONS

We undertake to maintain our booking service and the technology that supports it, but we make no representations or warranties, implied or otherwise, that, among other things, the content and information available on this site is without error or omission, or that the service will be without interruptions or errors. PWA will not be liable for any damage, loss or debt of any kind arising out of any errors that exist, or that may arise from time to time, in PWA's service. You are encouraged to report any possible malfunctions or errors to PWA.

In addition, PWA will not be liable for any direct or indirect loss or damage suffered as a result of the “cyber-cracking” of this App, planned or unplanned interruptions, or the actions of service providers, including all relevant host and equipment providers. You hereby indemnify PWA in respect of any claim arising out of any “cyber hacking” or interruption of service.

USE OF HYPERLINKS

PWA is not responsible for the content, availability, products and / or services of any other App or website from which you have accessed PWA, or which you can access via a hyperlink on PWA. Where we provide a hyperlink to a third party's App or website, we do so in the belief and confidence that such App or website contains information, or may contain information, that is relevant to PWA. A hyperlink of this nature does not imply that PWA has reviewed or approved the third party's App or website or its content, products and / or services, nor does it imply that PWA has the content, products and / or services of these Apps or websites recommend, endorse, support or associate with.

This App may not be framed in any way without the prior written permission of PWA.

SECURITY

PWA will take all reasonable steps to protect the content of this App and the information obtained from you from unauthorized access and / or disclosure. However, PWA makes no representations and does not guarantee that the content of this App is completely secure.

We recommend that you install anti-virus software before downloading any information from this App and making sure that this software is compatible with your equipment and is regularly updated.

You may not deliver or cause to deliver any malicious code, such as computer viruses, robots or spyware, to this App or the server and computer network that supports this App, either intentionally or through negligence. Notwithstanding criminal prosecution, if you deliver or attempt to deliver malicious code to this App, whether intentionally or through negligence, you indemnify PWA, without limitation, against any and all losses, liability and damage that PWA may incur as a result of such ' a delivery, attempt or malicious code.

You may not develop, issue or use any device or program designed to breach or overcome the security measures of any restricted pages, products or services on this App, and PWA reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and issuance of such devices or programs.

If you commit any of the offenses set out in sections 85 to 88 of the ECT Act, you will, notwithstanding any criminal prosecution, be liable for any loss, obligations and damages that may be incurred by PWA as a result of or associated with such offenses.

ACCESS TO THE APP

PWA reserves the right to restrict, suspend or terminate your access to this App at any time if you have violated these Terms of Use under PWA. Such limitation, suspension or termination will be without prejudice to any rights that PWA may have against you in connection with such breach.

PWA reserves the right to remove this App in its entirety, or any sections or features of this App, without notice. PWA does not offer any warranties or representations that this App will be available at all times, or at a specific time.

NO WARRANTY

This App is provided on an "as is" basis, without any warranties of any kind, express or implied, as to the operation of this App, the accuracy of the information or the products or services referred to on this site and has not been compiled or provided to meet your individual needs. It is your sole responsibility to satisfy yourself, before entering into this user agreement with PWA, that the service available from and through this App will meet your individual needs and be compatible with your hardware and / or software.

PRIVACY POLICY

APPLICABILITY

This privacy policy applies only to PWA. PWA may contain hyperlinks from and to other Apps and/or websites (linked Apps and/or websites) that are not under the control of PWA or guided by PWA's privacy policy. It is your responsibility to review the privacy policies of these linked Apps and/or websites and PWA cannot be held liable if the owner of these linked Apps and/or websites violates their own or PWA's privacy policies. Furthermore, the presence of such hyperlinks on PWA's App does not imply endorsement, agreement or endorsement of the content,

TYPES OF INFORMATION COLLECTED

When you register with PWA's App, we need to collect specific information about you in order to provide you with the services you request. This information may include, but is not limited to, your:

  • Full Name
  • Email Address
  • Business or Home Address
  • Contact phone numbers
  • Reason for App Visit
  • Intended Use of Requested Information
  • Your passport number or ID number
  • Voluntary reviews from suppliers

The personal information mentioned above will be collected electronically, by means of “cookies” (as explained more fully below) or provided voluntarily by yourself.

SUPPLIER REVIEWS

PWA may ask customers to review suppliers based on their customer service experience. These reviews will always be voluntary. By downloading, submitting or in any way making available or contributing in any way a customer review on PWA's App, you grant PWA an unlimited, global, non-exclusive, irrevocable, perpetual, copyright-free, complete paid up, ready to use, make, made, reproduce, display, perform, publish, upload, post, modify, create derivative works thereof, transmit, distribute, sell, offer for sale and sub-license or otherwise transfer those materials or information or adaptations thereof. You also grant PWA the right to give third parties permission to do certain parts, or all of the foregoing, including,

You represent and warrant that you have sufficient rights in that content or information to grant these rights and licenses. In addition, you choose to waive any imputation rights to the content you submit.

In addition, by uploading, submitting or otherwise making available content in a customer review on PWA's App, you grant PWA the right to place your full name and country of birth close to the whole, section or derivation of your submitted review content anywhere on PWA's App.

STOP NEWSLETTER AND COMMUNICATION

You can unsubscribe at any time by clicking on the unsubscribe link at the bottom of any of our email communications, which will automatically remove you from the list.

Please contact us at any time if you would like your information to be removed from our active databases.

DISTRIBUTION OF INFORMATION TO THIRD PARTIES:

In addition to the policies and procedures we use to protect your data, your personal data is also protected by the laws of South Africa.

Subject to the remainder of this policy, PWA will not share personal information with other third parties without your consent, unless compelled by law enforcement action, subpoena or applicable law or regulation to do so.

PWA does not rent, sell, lend or distribute information provided by you to third parties, except in the following cases: If you make a booking with a Supplier we will process all the information necessary for the booking to be provided to the Supplier. These include, but are not limited to:

  • Your first name and surname
  • Your contact details, e-mail address and / or telephone number.
  • Your passport number or ID number.

Personal information provided to PWA may be taken across state and national borders for the purposes of consolidating and storing data and simplifying customer information management.

PWA is entitled to disclose this information to its subsidiaries and those suppliers approached by PWA to process data on behalf of PWA. PWA will ensure that South African laws are still followed to protect your information in the event of such transfer, disclosure or processing. PWA may also merge with another business entity or be acquired by such entity or organization. In such case, PWA is entitled to share some or all of your personal information with the entity that PWA purchases or with which PWA merges (which may not use this information in any way other than for the purposes set out in this policy) Share.

CUSTOMER FOLLOWING

In order to provide a better service to our customers, we reserve the right to:

Track your movements on this App, analyse your movements on this App using, but not limited to, third-party tools that include "Google Analytics", “ Google Maps” and work with third-party tracking services such as " Google AdWords ”, but it is not limited to the latter. Any cooperation / collaboration with a third party is done with the confidence that your privacy will be adequately protected.

Using "cookies": "Cookies" are small pieces of data that are stored by your web browser on your computer. If you visit the App, we will provide your device with a "cookie" to store. This will allow us to identify you when you visit this site again next time. This allows us to better tailor your search experience to your preferences. For this reason, it may be that certain features of PWA's App do not work properly when cookies are turned off. In certain cases, third party services that the App uses, such as "Google AdWords", will also use "cookies" to track you around PWA in order to improve your user experience and / or advertising performance.

Gathering IP Information: When you visit PWA's App, we collect your IP address, domain name address, the type of web page software you use, the type of operating system you use and the BA of the App from which you use this reached App, in. This information is used by PWA to improve or maintain your user experience on this App and for general statistical purposes.

ACCESS, ACCURACY AND MODIFICATION OF DATA

PWA will make reasonable efforts to keep all of your personal information accurate. You will always be provided with access to this information and the opportunity to have it corrected.

We will make sure that all inaccuracies or incomplete information are corrected as soon as possible. Reasonable steps will be taken to verify your identity before giving you access to your information. If you would like your personal information to be deleted from our records, we will make sure, with notice by you, that this is done as soon as reasonably possible under the circumstances.

NON-IDENTIFIABLE AND STATISTICAL INFORMATION

PWA reserves all rights to the non-personal statistical information collected and compiled by PWA.

SECURITY OF PERSONAL INFORMATION

PWA will take all reasonable steps to protect your personal information. In the unlikely event that the security of your personal information held by us is compromised, we will notify you as soon as reasonably possible.