Terms of Use

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS OF USE SET OUT BELOW. BY USING THIS WEBSITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.

Definitions

  1. "Newdevs" and/or "we" means ALLSA Internet Marketing (Pty) Ltd.
  2. "User" means any person accessing any part of the Website and includes clients.
  3. "Client" means person who signed up for a subscription.
  4. "Website" means newdevelopments.co.za and all sub pages thereof excluding links to external websites.

Introduction

  1. Newdevelopments.co.za is owned and operated by ALLSA Internet Marketing (Pty) Ltd for the online marketing of new property developments for sale and the advertising of service providers in the real estate, construction and related industries (collectively "Advertisements").

Acceptance

  1. Newdevs may amend these Terms of Use at any time at which time the new Terms of Use will immediately come into effect in respect of further usage. We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice. It is the user’s obligation to periodically check these Terms of Use at this Website for changes and updates.
  2. By using this Website, the Clients and Users agree and are deemed to have agreed to observe all Terms of Use, including Privacy Policy which appears elsewhere on the Website.

Use of this Website

  1. Access to certain pages and information contained on this Website may be restricted to subscribers.
  2. Newdevs will display new property developments listed by Clients subject to the Terms of Use and such limitations as determined by Newdevs from time to time.
  3. Use of this Website is strictly at the sole risk of the User and Client.
  4. For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent.

Client's subscription

  1. These Terms of Use are applicable together with the signed agreement ("Subscription") concluded between Newdevs and each client who advertises on Newdevs ("Client").
  2. If there is any discrepancy or conflict between these Terms of Use and the Subscription, the provisions of the Subscription will apply.
  3. The Client agrees to pay all fees and other amounts charged by Newdevs for Adverting on the Website from time to time. If no payment is received when due, Newdevs may without prejudice to any other rights it may have, without notice, terminate the Client’s use of the Service temporarily or permanently. Fees are not refundable.

Client’s submitted content

  1. The Client must ensure that none of the information or Advertisements provided by it to Newdevs includes any content that:
    • Is false, misleading or incorrect
    • May be considered abusive or offensive
    • Infringes the intellectual property rights of any third person
    • Infringes the privacy and protection of personal information rights of any third person;
  2. The Client must comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
  3. The Client warrants that the content, form and design of the Advertisements and other information provided by the Client to Newdevs does not, and will not infringe any intellectual property rights of any other person. The Client indemnifies Newdevs and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these Terms of Use or the Subscription.
  4. The Client is solely responsible for all material that is submitted and any consequences that may result from submission.
  5. All material must be in the format and detail determined by Newdevs from time to time.
  6. Newdevs has the right (but not obligated), without notice:
    • To monitor and moderate all material submitted on the Website
    • To refuse or to restrict any user’s use of the Website, temporarily or permanently
  7. The Client agrees that by posting content on the Website, you are granting Newdevs a royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the website or in the course of offering the Services.
  8. The Client understand and agree that any Content that you post or submit to newdevelopments.co.za may be redistributed through the internet and other media channels, and may be viewed by the general public.

Disclaimers

  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". ALLSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS, PERFORMANCE, QUALITY OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. Newdevs is not involved in the buying, selling or development of the property process and must not be considered to be an agent, buyer and/or developer with respect to the use of the website.
  3. Users agree that Newdevs shall not be liable for any damage, loss or liability of any kind incurred by users or any other persons resulting from the use or inability to use this Website.
  4. Newdevs disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use, including but not limited to non-receipt of services, this Website in any manner.
  5. Newdevs gives no undertaking or warranty regarding any listing, download, image, video or any other application is free of any virus or other harmful mechanism.
  6. Newdevs has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the fullest possible extent permissible under law Newdevs disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.

No warranties

  1. This Website, the materials, and the services are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of this website, including all content or data distributed by, downloaded or accessed from or through this website, is at your sole risk. Newdevs disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the website. Newdevs do not represent or warrant that data, information and/or materials within this website are accurate, complete, reliable, current, or error-free. We are not responsible for typographical errors or omissions relating to pricing, text or photography.

No advice

  1. Newdevs expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Website without notice. Accordingly, any information, including journalistic articles, in this Website is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor.

Security

  1. While Newdevs take all reasonable security precautions, we will not be liable for damage caused by the malicious use of the Website or by destructive data or code that is passed on to the user through the use of the Website.
  2. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on the Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to the Website.
  3. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to the Website or attempts to gain unauthorised access to any page on or part of the Website.

Copyright and intellectual property protection

  1. Copyright in all information, logos, images, source codes and other original material contained in this Website, which is not attributed to a third party, is held by or licensed to the Website owner. NEWDEVS ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.

Force majeure

  1. Newdevs strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free.
  2. Newdevs accept no liability for any interruption or loss of service.
  3. Newdevs reserve the absolute right to alter, suspend or discontinue any part of our Site or the Services, including your access to it.
  4. Without in any way limiting or derogating from the provisions of the indemnity clause mentioned above, we shall further not be liable to you for any claims of whatsoever nature and howsoever arising that may result from any force majeure or casus fortuitus including but not limited to unforeseeable interruptions with service to any user, host or network, including, via means of submitting of a virus to the website, overloading, flooding, spamming, mail bombing, tremor,storm, fire or crashing.

Electronic communications

  1. Users agree, for contractual purposes, to consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Privacy and confidentiality of communications

  1. Further information regarding the manner in which we respect the privacy of the users’ personal information is contained in our Privacy Policy, which forms part of these Terms of Use. Please review this now.
  2. The user’s attention is drawn to the fact that information transmitted via the Internet, including email, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to this Website or Website owner any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will Newdevs be liable for any loss, harm or damage suffered by the user as a result thereof.
  3. Newdevs reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should Newdevs deem it necessary.
  4. Any unsolicited information or material sent to this Website or Website owner will be deemed not to be confidential, unless otherwise agreed in writing by Newdevs.

Hyperlinks, deep links, framing and web crawlers

  1. Persons, business and websites are free to link to this Website. Please notify us of any link created by emailing details of the link and the page to which it points to admin@newdevelopments.co.za.
  2. Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
  3. Hyperlinks and/or advertisements contained on this Website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the website linked to. Newdevs in no manner controls or edits the content of websites or pages linked to, and disclaim all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website.
  4. The use of websites and/or pages linked to is accordingly exclusively at the risk of the user.
  5. While the use of web crawlers and search software is permitted on this Website, the Website owner reserves the right to restrict the use of web crawlers in whole or in part as it sees fit. You may not save the whole or any part of the source code of this Website nor may a person use any technology or application that extracts the source code of this Website and saves this information.
  6. The express permission in writing of Newdevs, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on this Website is framed. Requests for permission can be submitted to admin@newdevelopments.co.za.

Governing law and dispute resolution

  1. The user hereby agrees that the law applicable to these Terms of Use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
  2. This Website is owned, hosted and maintained within the Republic of South Africa.
  3. These Terms of Use shall be governed by the laws of the Republic of South Africa.
  4. Should any dispute arise between the parties in regard to any aspect of the provision of the Services, the Site or these Terms of Use, that dispute shall be decided by arbitration in the manner set out in this clause.
  5. The arbitrator shall be appointed by the parties, and failing agreement, shall be nominated by the Arbitration Foundation of Southern Africa ("AFSA"). Should AFSA not be in existence at the time, the nomination shall be by the Chairman for the time being of the Cape Bar Council.
  6. Either party may apply to an appropriate court for urgent relief or for judgment in relation to a liquidated claim.
  7. The arbitration shall be held in accordance with the Rules of AFSA, or if AFSA shall not be in existence, in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and otherwise subject as aforesaid of the Arbitration Act, 1965 as amended.
  8. Users of this Website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 0f 2002. A copy of the act can be downloaded from: polity.org.za.

Enforceability of this agreement

  1. Users may not cede, sub-license or otherwise transfer any rights they may have under these Terms of Use or which may otherwise have been obtained through the use of this Website.
  2. Any failure by Newdevs to exercise or enforce any right or provision of these Terms of Use shall in no way constitute a waiver of such right or provision.
  3. In the event of any part of these Terms of Use being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
  4. Failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

General

  1. Upon acceptance and signature of these terms and conditions, users and Clients agree and they have revised and had the necessary sight and understanding of the main Terms of Use of Newdevs as contained on the Newdevs website.
  2. If you have any questions or do not understand anything in these Terms of Use, or if you want to send any comments or complaints to us, please send an email to admin@newdevelopments.co.za and we will respond to you as soon as possible.
Privacy Policy