1. Disclaimer 1.1 In using this website in any manner or for whatever reason and/or viewing any material on this website for whatever reason you are deemed to have read and agreed to the following terms and conditions: 1.2 The following terminology applies to these Terms and Conditions: "Client", “User”, “Promotor”, “Seller”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "the Company", “Ourselves”, “We” and "Us", refers to Direct Land Sale CC, Registration Number 2010/041644/23. “Party” or “Parties” refers to both the Client and the Company, or either the Client or the Company. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 2. Exclusions and Limitations 2.1 The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, the Company and its employees, associates, business partners, affiliates and or subsidiary companies:
2.1.1 excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies, mistakes and/or omissions in this website and/or the Company's literature; and
2.1.2 excludes all liability for damages arising out of or in connection with the User’s use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages of whatsoever nature and caused by whatsoever reason, including gross negligence by the Company or its agents or employees. 3. General Usage 3.1 You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems and/or for the transmission of unlawful material. 3.2 If any of the terms and conditions of use of this website is unacceptable to yourself, you are hereby expressly informed that you are in such circumstances precluded from using this website and any of the services offered on this website or any link thereto. 3.3 The Client, by accessing this website takes note that the Company may request the Client whether he wants to receive certain messages or electronic communications, or use certain information in compiling statistics, but without infringing on a Client’s personal information. 4. Usage Licensing For Sellers 4.1 The Company licenses the Sellers to add their properties to the website, provided that they have rights to publish such information as Owner or duly authorised Agent and that they agree that they are solely responsible for such content. It remains the Seller's own responsibility to ensure that the information entered is correct and stay updated. It remains the right of the Company to revoke licenses given at any stage for any reason. Sellers may not load content for harmful purposes, Illegal purposes, disclosing, sharing or publishing material that may be offensive, defamatory, harmful, regulated, prohibited, infringing or damaging to any person, and/or the creation, storage and sending of unsolicited communications. The Company may also request Sellers to remove or change content they feel is inappropriate for the website. Non-compliance gives the Company the right to revoke given license and/or to make proposed changes on their own behalf to the Seller's content. The Sellers shall ensure that all content that is posted on this website or any link to this website is legal and that any necessary permission from third parties with any rights to such information has been obtained. The Sellers hereby unconditionally and irrevocably indemnifies the Company and its employees, associates, business partners, affiliates and or subsidiary companies from any claims for damages (and including any legal costs associated therewith) that any third party may suffer as a result of unlawful or protected information/content being published on this website or any link to this website. 5. Termination of Service 5.1 The Company has the right to terminate or change any Service and/or any feature and/or function available on the website, or part there of, for any reason. 6. Availability 6.1 The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of the Company’s ability. By using this service the Client hereby irrevocably and unconditionally indemnify this Company, its employees, agents and affiliates against any loss or damage (now or in the future), in whatever manner, howsoever caused. 7. Links to this website 7.1 Redistribution or republication of any part of this site or its content is prohibited, including by framing, catching or other similar or any other means, without the express written consent of the Company. If the Client does create a link to a page of this website it is done at his own risk and the exclusions and limitations set out above will apply to the use of this website by linking to it. 8. Content on this website 8.1 The Company has no control over the content which gets loaded by Sellers on this website, and the Company neither endorses it or consents to it, unless expressly stated otherwise. Although the Company encourages Seller's to ensure that their content stays correct and up to date it is outside the control of the Company. The Company does not monitor or review the content loaded onto this website, and of other party's websites which are linked to from this website. Opinions expressed or material appearing on this site or of such externally linked websites are not necessarily shared or endorsed by the Company and should not be regarded as the publisher of such opinions or material. Please be aware that the Company is not responsible for the privacy practices, or content, of these sites. The Company encourage its users to be aware when they leave the site to read the privacy statements of these sites. Clients should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site by themselves, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage (now or in the future) in whatever manner, howsoever caused, resulting from a Clients’ disclosure to third parties of personal information. 9. Copyright Notice 9.1 Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website. This Company's logo is a well known and/or protected and/or registered trademark of this Company in the Republic of South Africa and other countries. The brand names and specific services of this Company featured on this web site are trade marked. Any intellectual property of whatsoever nature appearing on this website or on any link thereto is protected and may not be copied, transferred, reproduced or used in any manner without the prior written consent of the Company. Any comments, suggestions or feedback from Clients will immediately become the intellectual property of the Company, and by accessing this website you hereby agree and consent to any such rights being ceded and assigned to the Company without any further notice. 9.2 Information that appears on this website or any link thereto may not be used for commercial gain by any person or entity, including (but not limited) to Estate Agencies, Attorneys, Estate Agents, Bond Originators, Financial Institutions or Bridging Finance Companies without the prior written consent by the Company. 10. Communication 10.1 The Company has several different e-mail addresses for different queries. These, & other contact information, can be found on our “Contact Us” link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers. This company is registered in the Republic of South Africa. Our address for service of all legal documents is: c/o RVK Attorneys, 1st Floor, 47 on Strand, Strand Street, Cape Town. 11. Waiver 11.1 Failure of the Company to insist upon strict performance of any provision of this terms and conditions or the failure of the Company to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this terms and conditions. No waiver of any of the provisions of this terms and conditions shall be effective against the Company unless it is expressly stated to be such and signed by the Company. 12. General 12.1 By accessing this website and using the Company’s services and products you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. The Company also reserves the right to institute action in the Magistrate’s Court. If any of these terms and conditions (including this clause) are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. 12.2 The Company expressly reserves all rights not specifically mentioned in this agreement, and failure to specifically mention it is this terms and conditions must not be seen as a waiver thereof by the Company in any manner. 13. Notification of Changes 13.1 The Company reserves the right to change these conditions from time to time as it sees fit and the Client’s continued use of the site will signify his acceptance of any adjustment to these terms. The Company may, in its sole and absolute discretion, change these terms and conditions or any part thereof at any time, for any reason, without any notice. The Client is therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and the Company. The Client’s accessing of this website indicates his understanding, agreement to and acceptance, of the full Terms and Conditions contained herein.