Terms of Use

All Home of My Own websites (hereinafter referred to as “the/this website”) and the services therein, are offered to you, the User, by Home of My Own (hereinafter referred to as “we”, “our”, “us” or “Home of My Own”) subject to the following terms and conditions.

The terms of the Privacy Policy must be read in conjunction with and shall form part of these website terms and conditions. These website terms and conditions must also be read with the Electronic Communications and Transactions Act 25 of 2002.

1. ACCEPTANCE

By making use of this website and/or the services which we offer herein, the User hereby acknowledges that it has read, understood and agrees to be bound by these terms and conditions.

2. CONSENT

a. The User hereby expressly consents, by its use of the website and services herein, to the collection, use, processing, storage, transfer and sharing of its Information to the entities that are related to Home of My Own.

b. The User’s acceptance and consent of the Terms of Use and Privacy Policy, by their use of this website, shall be deemed to have been given in writing.

3. USE OF THE WEBSITE

a. The User agrees that its use of this website is for lawful purposes only. The User agrees that it will not use this website for any unlawful purpose, including but not limited to the commission of a criminal offense; to gain unauthorised access to other computer systems; or for the transmission of unlawful material.

b. The User agrees not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene.

c. All Home of My Own’s information may only be used for private and personal use.

d. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

e. Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

f. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta-tagging or mirroring of our website.

4. HYPERLINKS

a. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

b. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

5. INTELLECTUAL PROPERTY RIGHTS

a. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.

b. All trademarks, brands, and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

c. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

d. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.

6. DISCLAIMERS

a. The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.

b. We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.

c. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

d. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

e. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.

7. LIMITATION OF LIABILITY

To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

8. INDEMNITY

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

9. JURISDICTION

a. These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts.

b. If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

10. USE OF THE INFORMATION

a. We shall only use the Information as provided for in these terms and conditions, and in terms of the website, and shall only release to the chosen entities that are related to Home of My Own, certain types of Information provided by the User.

b. Further information relating to the use of the information can be found in the Privacy Policy.

11. AMENDMENTS

a. We reserve the right, in our sole discretion and at any time, to amend these terms and conditions, which includes deleting any terms and conditions and adding any further terms and conditions.

b. We shall endeavor to provide the User with a notice informing the User of such amendments, or drawing the User’s attention to the amended website terms and conditions. In the event that the User does not agree with the amended website terms and conditions, they may terminate the services herein and inform us of its termination so that we may delete, dispose of or de-identify the User Information.

c. The amended terms and conditions will immediately and automatically come into effect, subject to the above option to terminate.

d. The amendments will be binding on the User and will immediately and automatically form part of these terms and conditions, subject to the above option to terminate.

12. UPDATES

The User hereby undertakes to ensure to keep all Information updated and current and acknowledges and accepts that all entities that are related to Home of My Own, shall immediately have access to all such updated Information should they so require.

13. ACCURACY OF INFORMATION

a. We do not guarantee the accuracy of any Information which is found on this website, therefore the User should not assume that the Information on the website is always current or accurate, and other sources of this Information should be consulted before making any decision to act on the Information displayed on this website.

b. The User hereby agrees to provide only accurate Information.

c. The User will remain liable to any third party for the inaccurate Information furnished by the User and we, as the provider of the medium to display and make the information available, will not be held liable to any third party regarding the content of the User’s Information.

14. FEES

There are no fees charged to the User, who willingly makes use of the website and/or the services herein unless otherwise agreed.

15. AVAILABILITY OF WEBSITE AND SERVICE

a. The availability of this website and the service may become unavailable from time to time due to maintenance, electricity supply failure, network problems or for any other reason.

b. Home of My Own shall not be held liable for any interruptions in the availability of the website and the services, for any reason.

16. THE USER’S PRIVACY

a. We acknowledge that the User has the right to privacy and privacy of the Information provided, and we respect this right.

b. We shall use our best endeavours to, in accordance with our Privacy Policy, protect the User’s Information and keep it confidential from persons who are not authorised to have access to and view the Information.

c. We refer the User to our Privacy Policy as contained in our website.

17. GENERAL DISCLAIMER

The User hereby agrees to access and use this website entirely at its own risk.

18. EXCLUSION OF LIABILITY

a. The website and all content on the website is provided on an “as is” basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the website. We do not warrant that the functions and services provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.

b. Home of My Own, including the owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly upon reliance of the website and/or its content.

c. Home of My Own, including the owners, directors, employees, officials, suppliers, agents and/or representatives shall not be responsible for any direct, indirect, special, consequential or other damages of any kind whatsoever suffered or incurred by the User related to its use of, or its inability to access or use, the content or the website, the services, or any functionality of the website or of any linked website.

d. The User hereby indemnifies us, and our owners, directors, employees, officials, agents, suppliers or representatives, and keep us fully indemnified, from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this website and/or the services.

19. INTELLECTUAL PROPERTY RIGHTS

a. Home of My Own is the owner of this website and the contents thereof and we retain all intellectual property rights thereto, whether registered or not, including all current and future content on the website, which is not owned by a third party, and nothing in this website should be construed as a right to use or licence of any of the intellectual property.

b. The website and its contents, which includes all intellectual property therein, may not be reproduced, copied, used, sold or displayed in any manner whatsoever, without our express prior written consent thereto.

20. LINKS AND LINKING

a. We provide the User with links to other websites through this website. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party and the reliance on any Information and content provided by the external link is entirely at the User’s own risk.

b. We may at times, display third party advertising and promotional material on this website and the display of such material should not be construed as us endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is entirely at the User’s own risk.

21. TERMINATION AND SUSPENSION

a. We may, in our sole discretion decide to discontinue with the service provided on this website and may terminate the website itself, at any time whatsoever and the User shall have no recourse in any event of termination.

b. We may, in our sole discretion decide to suspend the service provided on this website and website itself, at any time whatsoever, and the User shall have no recourse in any event of a suspension.

22. GOOD FAITH

The User herewith agrees to use this website and the services herein with the utmost good faith, integrity, and trust.

23. GOVERNING LAW

This website is owned and operated in the Republic of South Africa. We, as well as the User, hereby agree that these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

24. COMPLAINTS AND DISPUTES

Any complaints or disputes can be sent through to us via the appropriate links on the website or via info@www.homeofmyown.co.za.

25. ENTIRE AGREEMENT

a. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

b. These Terms constitutes the entire agreement between Home of My Own (Pty) Ltd and the User with regard to the use of the content and this website.

*”User/s” means the person who chooses to insert their personal Information on the website and the terms and conditions herein apply to the User, as the context indicates.

**”Information” means any personal details which the User provides in any way through the use of this website, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address and name of employer and any other type of personal Information as defined in section 1 of ECTA and section 1 of POPI, each of which forms a separate data tag of Information on the website.