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Terms and Conditions

TERMS AND CONDITIONS OF RAWSON WEBSITE USE


1. AGREEMENT

1.1 Your use of this website, its services and programmes will be governed by these terms and conditions. These terms and conditions constitute an agreement between you and Rawson Properties.

1.2 Rawson Properties may amend these terms and conditions from time to time. By accessing the website you are bound to the terms and conditions published on the website at the time of any visit to and/or usage of the site.

1.3 A certificate singed by the administrator responsible for maintaining the website will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.

2. CORRECTNESS OF SUPPLIED INFORMATION

2.1 Because we deal with each other in a non-face-to-face environment, you hereby permit Rawson Properties and its online partners to rely on the fact that:-

2.1.1 all your given details are true and correct;

2.1.2 you are legally capable of concluding any transaction on this site;

2.1.3 you have read, understood and accepted these terms and conditions

2.2 Rawson Properties must be entitled to rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify us of any irregularities, to act on any instruction purporting to originate from you.

3. NATURE OF INFORMATION ON THE SITE

All material on the website merely constitutes an invitation to do business unless otherwise expressly stated and is not an offer to enter into any transaction.

4. TERMINATING REGISTRATION OR USE OF THE WEBSITE OR SERVICES

Rawson Properties may also in its sole discretion and at any time discontinue providing the site or the programmes and other services or any part thereof, with or without notice.

5. LINKED THIRD-PARTY WEBSITE AND THIRD-PARTY CONTENT

5.1 Rawson Properties, its contractors, agents, owners and employees are not responsible for the contract or privacy policies of any websites to which it may link.

5.2 Rawson Properties shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from this website.

6. DISCLOSURE

Access to the services, content, software and content downloads available from the Rawson Properties' website is classified as "electronic transactions" in terms of the Electronic Communications & Transactions Act 25 of 2002 ("ECT Act") and therefore users have the rights detailed in Chapter 7 of the ECT Act and Rawson Properties has the duty to disclose the following information:-

6.1 The full name and legal status of the website owner:- Rawson Residential Franchises South Africa (Pty) Ltd, Registration No. (1997/009291/07).

6.2 VAT registration number:- 4810183337;

6.3 Street address:- 222 Main Road Rondebosch, Cape Town;

6.4 Postal address:- 222 Main Road Rondebosch, Cape Town, 7700;

6.5 Physical address for receipt of legal service:- 222 Main Road Rondebosch, Cape Town;

6.6 Main business: Selling and supporting residential estate agency franchises which trade under the ‘Rawson Properties’ brand, which in turn are in the business of residential sales and letting;

6.7 The website address of the Rawson Properties website is www.rawson.co.za;

6.8 The official email address of the Rawson Properties website is info@rawsonproperties.com;

6.9 Membership of self-regulatory or accreditation bodies: ;

6.10 Codes of conduct to which the Rawson Properties website subscribes: Code of Conduct and Code of IT Ethics;

6.11 Governing terms: ;

6.12 Copies of the manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000: Download

6.13 Management: Directors: Bill Rawson, Paul Henry, Tony Clarke;

6.14 The costs associated with the access and use of the Rawson Properties website are as follows: Free

6.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

6.15.1 access to the Rawson Properties website;

6.15.2 the inability to access the Rawson Properties website;

6.15.3 the services and content available from the Rawson Properties website; or

6.15.4 these terms and conditions;

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

6.16 Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website; and

6.17 Users may lodge complaints concerning the Rawson Properties website through the "Contact Us" service provided on this website. Users hereby assign the copyright in such complaints to Rawson Properties and understand that Rawson Properties may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

7. DISCLAIMER

7.1 All the information appearing on these pages is provided without any representation or warranty whatsoever, whether expressed or implied and no liability pertaining thereto will attach to Rawson Properties.

7.2 Rawson Properties accepts no liability whatsoever for any loss whether direct, indirect or consequential arising from information provided on these pages or any actions and/or transactions resulting therefrom.

7.3 Rawson Properties does not warrant that the functions provided with this website will be uninterrupted or error free or that the website or the server that makes it available is free from viruses or other harmful components.

7.4 The Rawson Properties' website is supplied on an "as is" basis and has not been compiled to meet the user's individual requirements. It is the responsibility of the user to satisfy himself or herself, prior to entering into this agreement with Rawson Properties that the content available from and though Rawson Properties' website meet the user's individual requirements and is compatible with the user's computer hardware and/or software.

7.5 Information, ideas and opinions expressed on the Rawson Properties website should not be regarded as professional advice or the official opinion of Rawson Properties and users are encouraged to see professional advice before taking any course of action related to the information, ideas or opinions expressed on the Rawson Properties' website.

7.6 Rawson Properties does not make any warranties or representation that content and services available from the Rawson Properties' website will in all cases be true, correct or free from any errors. Rawson Properties shall take all reasonable steps to ensure the quality and accuracy of content available from the Rawson Properties website and encourage users to report incorrect and untrue information subject to the right of Rawson Properties to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website.

8. GOVERNING LAW

The terms and conditions pertaining to any services appearing on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

9. PRIVACY POLICY

9.1 Rawson Properties shall take all reasonable steps to protect the personal information of users and for the purpose of this clause "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

9.2 Rawson Properties may electronically collect, store and use, amongst other, the following information of users:

9.2.1 name and surname;

9.2.2 contact details; and

9.2.3 email address.

9.3 Rawson Properties collects, stores and uses the abovementioned information for the following purposes:

9.3.1 communicate requested information to the user;

9.3.2 registration and/or authentication of users; and

9.3.3 to compile non-personal statistical information about browsing habits and access to the Rawson Properties website.

9.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user.

9.5 Rawson Properties may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

9.5.1 Rawson Properties shall not disclose personal information from users unless the user consents thereto;

9.5.2 Rawson Properties shall disclose information without the user's consent only through due legal process; and

9.5.3 Rawson Properties may compile, use and share any information that does not relate to any specific individual.

9.6 Rawson Properties owns and retains all rights to non-personal statistical information collected and compiled by Rawson Properties.

9.7 When you register with our website in order to query a property or to create a personal portfolio, we gather this information to allow us to process your request and provide you with the information requested by you. Rawson Properties or our agents and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our services. We may also wish to provide you with information about special features of our website or any other service or products, which we think, may be of interest to you. If you would rather not receive this information, please send a blank email message to webmaster@rawsonproperties.com.

9.8 By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.

10. COPYRIGHT

10.1 Rawson Properties retains all copyright in all material including logos and other graphics that form part of this website and in and to its programmes. Any use of materials on this website not expressly authorized is strictly prohibited and constitutes unlawful infringement of the intellectual property rights of Rawson Properties.

10.2 Rawson Properties will not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage resulting therefrom.

11. TERMINATION

Rawson Properties may in its sole discretion terminate your access to this website, cancel your ticket order or exercise any other remedy available if it believes that your conduct is in breach with or inconsistent with these terms and conditions.