Terms & Conditions and Privacy Policy

BY REGISTERING AND USING THE DR PROPERTIES WEBSITE OR ANY PART THEREOF, YOU (THE “USER”) AGREE TO OUR PRIVACY POLICY (SEE SECTION 6) AND TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS:

1.1 “the DR Properties website” means the “DR Properties website and all its pages and content, owned and operated by DR Properties and located at https://www.drproperties.co.za;

1.2 “DR” means DR Properties (Pty) Ltd with registration number: 2015/002168/07

1.3 “content” means, but not limited to text, graphics, icons, links and other comparable material on the website;

1.4 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

1.5 “Intellectual Property” means copyright (including but not limited to literary, branding, artistic work, sound and video recording, images/photograph, payoffline, trademarks incluing domain names, social media platforms/pages, meta tags, blogs, computer programs, confidential information, trade secrets and patents.

2.1 Company name: Dipale Rakate Properties (Pty) Ltd trading as DR Properties; 2.2 Registration number: 2015/002168/07 2.3 VAT number: N/A 2.4 Directors : Botshelo Clifford RAKATE and Dorothy Lehlogonolo RAKATE 2.5 Website address : www.drporperties.co.za, 2.6 Email : info@drproperties.co.za 2.7 Social media platforms: facebook page, Twitter handle 2.8 Officeline : +27 11 708 0462 2.9 Whatsup Number:

Type of Business: DR Properties is one of South Africa real estate Company of the future. As a new player in the market, at DR Properties, we aspire to be the leaders in our industry, by ensuring our clients and customers always receive the best service. To achieve this we base everything we do on the SIX key R-A-K-A-T-E values: Responsiveness,

Affirmation, Knowledgeable, Adaptable, Trustworthiness, and Evolving. In today’s world, clients want to be re-assured more than ever of a company’s ethical standards and the fundamental values that guide its decisions. For more information about us – click here

3.1 DR Properties hereby grants the user a non-exclusive, non-transferable license, subject to the conditions below, to:

3.1.1 View / browse the DR Properties website;

3.1.2 Use content for non-commercial and personal purposes in accordance with the terms and conditions below;

3.1.3 Freely download, copy and print the content of the DR Properties website for purposes of executing or with the intention to execute a transaction between the user and DR Properties or any of its property practitioners and partners;

3.2 License conditions:

3.2.1 Other than as agreed to above, the user may not use, copy, print, adapt, redistribute or modify the content or any part thereof or frame, data-mine or cache the DR Properties website or reverse engineer, download, copy, modify, distribute, decompile or create a derivative work of the software, or any part thereof without prior written permission from DR Properties. For any re-use or distribution of the content, the user must make clear to others the terms and conditions applicable to the content available from the DR Properties website;

3.2.2 User may not sublicense any of the content available from the DR Properties website. User must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;

3.2.3 User may not assign, transfer or sublicense the rights pursuant to this Agreement;

3.2.4 User agrees to supervise all usage by minors (younger than 18 years of age) of the DR Properties website under user’s name or account;

3.2.5 In all of the above-mentioned Licensed rights, DR Properties must be acknowledged as the source of the material and the DR Properties’ contact details must be reflected accordingly at all material times;

3.2.6 User is not allowed to make misleading, speculative or fraudulent booking request(s); user may not use the DR Properties website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamatory, racist or offensive of nature or may result in the infringement of intellectual property;

The user’s fair use and other rights are in no way affected by the above;

Hyperlinks to and from DR Properties website

The DR Properties website may contain links to other websites operated by third parties. DR Properties does not endorse, or approve of the operators and / or owners of Third Party websites, or operate or control in any respect any of the information, graphics and material on those Third Party websites or guarantee that such websites will be operation at all times; Links to third party websites are included solely for the convenience of users. The user therefore assumes sole responsibility for the use of a third party websites; DR Properties therefore makes no warranties or representations: regarding the quality, legality, reliability, accuracy, merchantability or fitness for purpose of Third Party website content or products or services available through Third Party websites; or that Third Party website content does not infringe the intellectual property rights of any person. DR Properties is not authorising or endorsing or otherwise condoning the reproduction of Third Party websites content by linking to it.

DR Properties expressly disclaims acting in any respect on behalf of Third Party website operators and / or owners. Kindly further note that third party websites may be subject to their own terms of use and privacy policies different from those of the DR Properties site;

Hyperlinks to the DR Properties website will be allowed, subject to the following terms and conditions: The user will be authorised to link to, but not replicate, content contained in DR Properties’ website. The user may not present misleading or false information about DR Properties’ services or products;The user may not imply that DR Properties is endorsing or sponsoring their website, or any services or products available from the website containing the hyperlink; The user may not use DR Properties’ logos, payofline, colours or trade marks without prior written permission from DR Properties. The user’s website may not contain content that could be construed as obscene, defamatory, pornographic, libellous, or inappropriate for all ages or contain materials that would violate any laws, such information shall be removed immediately at any time upon DR Properties’ request pursuant to DR Properties’ reserved rights to rescind its consent to allow the link; All hyperlinks to link to the DR Properties website must link to the DR Properties homepage. Links beyond the DR Properties home page may only be used with DR’s prior written consent; Authorisation to link to the DR Properties website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between the you and DR Properties nor authorise you to incur any liability on behalf of DR Properties.

4.1 The Intellectual Property available on the DR Properties’ website or obtained via the interaction between itself and the users are the property of or license to DR Properties

and may not be utilized outside the licensed terms and conditions as set out under these terms and conditions;

4.2 website addresses, e-mail addresses, names, telephone numbers and social media platforms/pages published on the DR Properties website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from DR Properties to utilise same.

4.3 DR Properties would be pleased to consider requests for permission to disseminate or use DR Properties content outside the scope of the license terms and conditions set out under above, provided that written approval of DR Properties is obtained in advance. To obtain written approval kindly contact us at: info@drproperties.co.za or call on us @ + 27 11 708 0462.

Further disclosure requirements to the user as consumer:

5.1 Full price of goods or services available from DR Properties: Access and Account activation are free;

5.2 Product / Service Prices

5.2.1 The main service under the DR Properties website is to provide the user with property sale or management services information and contact details of DR Properties property practitioners and sales offices;

5.2.2 The price of each property for purposes of rent or purchase is displayed with each property selected on the DR Properties website.

5.2.3 Property prices as per the DR Properties website will be subject to the terms and conditions as explained under clause 9 below and whatever terms and conditions available at the user’s local property practitioner / sales office;

5.2.4 DR Properties may change the prices at anytime without prior notice or discontinue certain content (property information) without any prior notice;

5.2.5 Properties presented on the DR Properties website will be subject to the terms and conditions as available from the relevant DR Properties sales offices and or individual DR Properties property practitioner;

5.3 Taxes and Costs

5.3.1 All prices reflected on the DR Properties website and under this agreement are excluded of applicable taxes and costs;

5.4 To view the services available from DR Properties website – click here

5.5 To lodge any complaints to DR Properties: e-mail: info@drproperties.co.za or use any of the contact details available on the DR Properties website under ‘Contact’ to inform us of your complaint.

6.1 DR Properties value your personal information and intends to give you as much control as possible over your personal information;

6.2 The purpose of this statement is to set out how DR Properties uses personal information that DR Properties may obtain about you. By either registering as a user of any services provided by DR Properties on the DR Properties website and by using the DR Properties website generally you agree to the following terms and conditions use:

6.3 Use of your personal information

6.3.1 When you register on DR Properties website, utilise the services or use / browse the DR Properties website we may collect, store and use your personal information or any other additional information for purposes as set out below;

6.3.2 DR Properties may use personal information or any other requested information that the user provides or that is obtained by DR Properties:

6.3.2.1 To fulfil our agreement with user;

6.3.2.2 To submit information about our services / products to the user;

6.3.2.3 To register user with DR Properties website and to administer DR Properties website services;

6.3.2.4 To ensure that user’s requested services are delivered;

6.3.2.5 To identify user when accessing and utilising the DR Properties website;

6.3.2.6 For purposes of assessment and analysis of non-personal statistical information to enable us to review, develop and improve the services which we offer that will enable DR Properties to communicate with user and other customers such relevant information;

6.3.3 By completing the Registration page (click here)the user agrees to the receipt of information on properties that may be identical or similar to the property fields you have completed during your registration. If, subsequent to registering with DR Properties, the user wishes DR Properties to discontinue forwarding you information as requested then the user must click on the “unsubscribe” hyperlink when the user receives DR Properties communication or follow the procedure as set out under clause 6.7.2 below;

6.3.4 DR Properties retains all rights to non-personal information collected and compiled by DR Properties.

6.4 Disclosure of user information

6.4.1 DR Properties may give information about the user to the following, who may use it for the same purposes as set out above, excluding direct communications with you as set out under clause for assessment and analysis of non-personal statistical information to enable DR Properties to review, develop and improve the services which DR Properties offers that will enable DR Properties to communicate with user and other customers such relevant information:

6.4.1.1 to DR Properties employees and property practitioners of DR Properties to administer the website and communications to you by DR Properties;

6.4.1.2 Property Practitioners or DR Properties Partners who (on our behalf) profile your data so that DR Properties may tailor the goods/services DR Properties offers to your specific needs;

6.4.1.3 to anyone to whom DR Properties transfer or may transfer DR Properties rights and duties under DR Properties agreement with you;

6.4.1.4 When DR Properties has a duty to do so or if the law allows DR Properties to do so.

6.4.2 No log-in names or passwords will be disclosed to any third party, except those third parties responsible for the execution of the DR Properties website log-in facility;

6.4.3 Occasionally third parties may provide storage services to DR Properties. In those circumstances those third parties shall be required to enter into a Non-Disclosure Agreement on no less stringent terms than found in this privacy statement and to process and protect your data solely in accordance with the DR Properties instructions;

6.4.4 The user has a right to see their personal information that DR Properties keep about the user, either via the DR Properties user account access or upon receipt of a written request and payment of a fee (refer to Promotion of Access to Information Act 2 of 2000). When the user is concerned that any of the information DR Properties hold on him/her is incorrect kindly contact DR Properties immediately at info@drproperties.co.za .

6.5 Cookies

6.5.1 Cookies may be used by DR Properties from time to time to understand the users of the DR Properties website better. Cookies allow DR Properties to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of DR Properties website. Depending on the type of cookie DR Properties uses, cookies also allow DR Properties to make DR Properties website more user friendly, for example, permanent cookies allow DR Properties to save the user’s password so that the user does not have to re-enter it every time the user visits DR Properties website;

6.5.2 The user can always adjust their browser so that the user’s computer does not accept cookies. But when the user does this, the user will still be able to browse around the DR Properties website but the functions that allow the user to access an existing account or page that requires a username or password, will not be available;

6.5.3 Otherwise the user can adjust their browser to inform the user when a website tries to put a cookie on the user’s computer. How the user adjust their browser to stop it accepting cookies or to notify the user of them, will depend on the type of Internet browser programme the user’s computer uses;

6.5.4 kindly remember, cookies do not contain confidential information such as the users’ home address, telephone number or credit card details. DR Properties does not exchange cookies with any third party websites or external data suppliers;

6.5.5 The user’s browser also generates other information, including which language the site is displayed in, and your Internet Protocol address (“IP address”). An IP address is established of numbers which is assigned to the user’s computer during a browsing gathering whenever the user log on to the Internet via the user’s Internet service provider or the user’s network (if you access the Internet from, for example, a computer at work). The user’s IP address is automatically logged by DR Properties servers and used to collect traffic data about visitors to DR Properties websites. DR Properties does not use the user’s IP address to identify the user personally;

6.5.6 DR Properties only keeps cookies for the duration of the user’s visit to DR Properties website, except where the user save his/her login name as referred to above.

6.6 Security

6.6.1 DR Properties attempts to take all reasonable steps to protect the user’s personal information. However, DR Properties cannot guarantee the security of any data the user disclose on-line. The user accepts the inherent security risks of providing information and dealing on-line over the Internet and will not hold DR Properties, its directors, employees or property practitioners responsible for any breach of security unless this is due to the unlikely DR Properties gross negligence or wilful misconduct;

6.6.2 Take note that DR Properties may send user emails (communication) from time to time but DR Properties would never send an email asking for your log on details or bank details, or direct user to a web page that asks for this information.

6.7 General

6.7.1 be aware that DR Properties website may link to other Third party websites which may be accessed through DR Properties website. DR Properties is not responsible for the data protection or privacy policies or procedures or the content of these linked Third Party websites;

6.7.2 How can user get his/her name removed for the DR Properties’ mailing list?. When you want to be removed from DR Properties’ mailing list, please send an email to  info@drproperties.co.za with the words ‘remove from mailing list’ in the subject line and the email address that you wish to be removed within the email or or call on us at +011 708 0462 to assist you to remove such. Kindly note that it may take up to 10 days to action your request. In addition, each electronic mailing DR Properties sends the user may contain details of how the user can un-subscribe;

6.7.3. Connect with Us When you have any comments or queries in connection with DR Properties privacy statement, kindly email our customer services at info@drproperties.co.za.

7.1 Although DR Properties is not forced to provide security on the DR Properties website, DR Properties deem it imperative that users of information or any communication between users and DR Properties is dealt with in the most secure manner reasonably possible, however because of the nature of the Internet, DR Properties cannot guarantee that the security of your communication with DR Properties via the website is completely secure;

7.2 To provide sufficient security to all users of the DR Properties website and to monitor activities prohibited under section 86 of the ECT Act, the user hereby agrees to DR Properties right to intercept, read, monitor, block, delete or accesses all data sent to the DR Properties website or any other DR Properties communication facility, email, social media platforms or instant messaging or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;

7.3 It is DR Properties policy to virus check all documents and files before they are posted on DR Properties website. However, DR Properties cannot guarantee that documents or files downloaded from DR Properties website or link Third party websites will be free from viruses and DR Properties does not accept any responsibility for any damage or loss caused by any virus. Accordingly, for the user’s own protection, the user must use virus- checking software when using DR Properties website. Further, the user shall not post or provide to DR Properties via DR Properties website, any document or file that may contain a virus. The user must virus check any document or file which the user intend to post or provide to DR Properties via the DR Properties website. Thefore user hereby indemnify DR Properties, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage DR Properties website or the DR Properties or its service provider’s infrastructure;

8.1 DR Properties website and all materials found on the website are intended for information purposes and provided “as is” without any warranty, representation, condition, undertaking or terms of any kind, express or implied, statutory or otherwise, including

without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software, products or services;

8.2 DR Properties further does not warrant the accuracy or completeness of the information, graphics, text, links or other items contained in the DR Properties website. DR Properties may also make changes / amendments to the DR Properties website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice. DR Properties reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to DR Properties website. DR Properties makes no commitment to update the materials and may discontinue any part of the DR Properties website or services or certain software or version of certain software for the utilisation of the DR Properties website;

8.3 DR Properties and its service providers will not be held liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or

data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the DR Properties website or performance of the DR Properties website or non- performance of the DR Properties website, DR Properties website not available as a result of

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DRProperties or force majeure events, even if DR Properties have been advised of the possibility of such damages;

8.4 The user represents and warrant that all personal information provided on the Register page and thereafter are accurate and valid. DR Properties reserves the right to decline, at any time, any ‘Register’ request. DR Properties further does not warrantee the availability of the specific request under the ‘Register’ page, submitted by the user, at time of receipt at the user.

9.1 Formation and validity of this DR Properties website agreement

The user agrees that:

9.1.1 when the user is not a consumer, the user confirm that the user has authority to bind any business on whose behalf the user uses the DR Properties website;

9.1.2 the user is at least 18 years of age and possesses the legal right and ability to enter into this agreement and to use the DR Properties website in accordance with all terms and conditions herein;

9.1.3 all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (refer to section 11(3) of the ECT Act);

9.1.4 prices on the DR Properties website constitutes an invitation to do business and do not constitute legal offers to purchase. Except for the agreement on these terms and conditions, no other agreement shall be formed between the user and DR Properties via electronic communications. No sale of properties will be executed on the DR Properties website. The purpose of the DR Properties website is to advise you of available properties only. All property transactions will be executed via our selected property practitioners at the sales offices as indicated on the DR Properties website

9.1.5 DR Properties shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are placed on the DR Properties website against incorrect prices, DR Properties will not be obliged to sell products / services at such incorrect prices;

9.2 Time and Place of communication, dispatch and receipt

9.2.1 Data Messages sent from DR Properties to the user have been sent from DR Properties’ place of business;

Data Messages sent from DR Properties to the user is deemed to be received when complete message are outside the control of DR Properties (left the system of DR Properties); Data Messages from the user to DR Properties are deemed to be received by DR

Properties only when DR Properties respond thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by DR Properties that it does give legal effect to the Message;

Expression of intent

The user acknowledges that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act; For purposes of Electronic Communications between user and DR Properties and no Electronic Signature is required; the mere sending of Data Messages or browsing of DR Properties website demonstrates the user’s intent to be a party to this agreement;

Attribution of data messages to originator

The user agrees and warrants that the data message sent, from any Computer or device that are owned by the user or the user’s employer or programmed by the user or on the user’s behalf, to DR Properties was sent by the user or a person that had authority to act on the user’s behalf in respect of the data message.

Cooling-off period

In compliance with Section 44 of the ECT Act, Listing Packages purchased on the DR Properties website may be cancelled up to 7 days after purchase and receive a full refund of the fee.

Cancellation pre-listing

If your listing has not been submitted or approved, you may further request a cancellation of your Listing Package up to 30 days from purchase and receive a refund less any transaction charges we have incurred (e.g. credit card processing fees, usually circa 3%).

Refund issuing time

Refunds will be made within 30 days and usually within 5-10 business days.

Bank processing time

Please note, after issuing the refund, it takes 5-10 business days, depending on your bank, for it to appear in your account. You will receive an email once the refund has been issued.

These Terms and Conditions and the user’s access to the DR Properties website may be terminated at any time by DR Properties without notice. All restrictions, disclaimers and limitations of liability by DR Properties will survive termination, however, the user will no longer be authorised to access the DR Properties website.

Sole record of agreement

Terms and Conditions constitutes the sole record of the agreement between the user and DR Properties with regard to the subject hereof, no Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded. No amendments except in writing, no addition to, variation of, or agreed cancellation of, this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the user and DR Properties; and no data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by user to DR Properties shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;

When the user is in breach of the terms and conditions of the DR Properties website, DR Properties reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:

  • order for specific performance and damages;
  • terminate this Agreement and claim damages;
  • Institute criminal procedures where applicable and necessary;

All costs, charges and expenses of whatsoever nature which may be incurred by DR Properties in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from the user when the above rights are successfully enforced.

No relaxation or indulgence, which any party may grant to another party, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

13.1 Survival of obligations

Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

13.2 Severability

When any one or more of the clauses of these terms and conditions shall be declared or judged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :

13.3 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;

13.4 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, when such removal substantially affects or alters the commercial basis of these terms and conditions, including such provision, shall be amended in such manner as the parties shall in

good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.

The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement. DR Properties recommends the user to print out a copy of these terms and conditions for future reference.

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