TERMS OF USE

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

By accessing and/or using this website, you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use").
If you disagree with any part of these Terms of Use, please refrain from using this website immediately.

Tivvit reserves the right to change or modify these Terms or any policy or guideline of the website, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically for changes.
Important clauses that limit our responsibility or involve some risk for you may be in bold.
Please pay special attention to these clauses.

General

These Terms and Conditions refer to the website www.CyberProp.com, and or any of its versions (CyberProp.co.za, CyberProp.mobi, CyberProp.info, CyberProp.tv, CyberProp.net, and CyberProp.biz) hereafter referred to as Tivvit. Tivvit is owned and operated by Tivvit Solutions (Pty) Ltd (Hereinafter referred to as “Tivvit Solutions”), a subsidiary of Knowledge Factory Pty Ltd, and a proud member of the Kagiso Media group.
Tivvit Solutions provides you with access to this website and the services offered by Tivvit available on it, or other websites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use. The content of the pages of this website is for your general information and use only. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
 
DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT 25 OF 2002 (ECTA)

You have the rights detailed in Chapter 7 of the ECTA and Tivvit Solutions has the duty to disclose the following information in addition to the information disclosed elsewhere in these Terms of Use:

- Full name and legal status: Tivvit Solutions (Pty) Ltd, a company duly registered in terms of the Companies Act;
- Telephone number:  +27 11 955 9100
- Website address: www.CyberProp.com
- Registration number and place of registration: 94/01765/07, Pretoria, South Africa
- Names of office bearers: P. Jewell, W. Van Schalkwyk, M. Areff, T. Ahier, C. Corte
- Physical address for receipt of legal service: 22 Ackerman Street, Witpoortjie, Roodepoort, South Africa
- Main business: Software and data solutions

The content, services, data and information on this website are subject to change without notice.
This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Services

Tivvit does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The Services include content, products and/or services available on the website and its affiliates. The Services may also be located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

Third Party Advertising and Business Services

Tivvit may run advertisements and promotions from third parties on the website or may otherwise provide information about or links to third-party products or services on the website. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Tivvit is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the website. If you have a dispute with one or more advertisers or other third parties, you release Tivvit from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User Submitted Content

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the website or send to other Tivvit users. You agree not to post, submit or link to any User Content or material that infringes misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any law, rule or regulation. You also agree not to post, submit or link to any User Content information that is in any way, defamatory, racist, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading. You agree that by posting content on the website, you are granting Tivvit 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. You understand and agree that any User Content that you post or submit to Tivvit may be redistributed through the internet and other media channels, and may be viewed by the general public.

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.

You understand that Tivvit does not approve or control the User Content posted by others, but simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Tivvit is not liable for any statements, representations, or User Content provided by its users on the website or in connection with the Services. Tivvit assumes no responsibility for monitoring the website or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, Tivvit reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. Tivvit nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely at our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by these Terms of Use.

You understand that Tivvit does not endorse or warrant any particular content or information available via the website or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Tivvit be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the website or the Service. You use the website and the Services at your own risk.

Providing details about any Property

Your use of this website means you agree to abide by the following:

  • You will provide accurate, complete, current, and truthful information when you add or edit facts about any property, whether it is developed property or vacant land.
  • You will not publish any material that violates any laws or regulations. This includes, but is not limited to, stating discriminatory preferences in advertisements for any type of real estate.
  • You agree not to make any statements that are otherwise discriminatory, inflammatory, obscene, inappropriate, threatening, libellous or otherwise objectionable.
  • You agree not to post copyrighted material without permission from the owner of the copyright. You will not disclose confidential or sensitive information that would potentially be viewed as an invasion of privacy.

Materials You Provide

  • For information or materials you provide to us or in connection with the Services, you grant to Tivvit a royalty-free, irrevocable, perpetual, worldwide license to do the following, nonexclusively: (a) to use, reproduce, distribute, display, modify and edit these materials, and also (b) to sub-license these rights to the maximum extent allowed by law.
  • We reserve the right to edit and/or remove information or materials provided by you.
  • You will receive no payment or compensation for any content you provide to us.
  • You are responsible for all actions taken or content added through your account.
  • You will be required to confirm your email address in order to add or edit facts about any property.

Communication

  • By submitting details about any property, you agree that we can send you emails we believe to be relevant. You may unsubscribe from these emails through the instructions in any of these emails or update your preferences in the MyTivvit  section of the website.

How We Use Information

  • You acknowledge that information that you provide about any property will be posted in public areas of the website and will be available to anyone who visits the website.

You acknowledge that we may display information about any property from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources and you hereby release us from liability for any inconsistency pertaining to such information.

Modification of Tivvit Services

Tivvit reserves the right to modify or discontinue the Service or a portion thereof, or the offering of any information, good, content, product or service with or without notice. Tivvit shall not be liable to you or any third party should Tivvit exercise its right to modify or discontinue the Service or part of it.

Security

You are prohibited from violating or attempting to violate the security of the website, including, without limitation:

  • Accessing data not intended for such user or logging into a server or account which the user is not authorized to access
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without authorisation
  • Attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus, overloading, "flooding", "spamming", "mail bombing" or "crashing";
  • Sending unsolicited email, mobile text messages, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting or to any individual or company whose contact details are contained, listed or shown on the website.
  • Deleting or revising any material posted by any other person or entity
  • Using any device, software or mechanism to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website

Please note that violations of the system or network security will result in civil or criminal liability. Tivvit will monitor all activity and investigate occurrences which may involve such violations and may cooperate with law enforcement agencies in prosecuting offenders

Copyright And License

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

All copyrighted and copyrightable materials on this website, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of Tivvit or its licensors, or users and are protected by South African and international copyright laws. You are granted a limited right to access this website, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your use of the website, and to prevent future access to and use of the website. The foregoing license grant does NOT include the right for you to:

  1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  2. market, sell or make commercial use of the website or any Materials;
  3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  4. make derivative uses of the website or the Materials; or
  5. use, frame or utilize framing techniques to enclose any portion of this website (including the images found at this website or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Tivvit or any third party. Any unauthorized use of this website will terminate the permission or license granted by these website Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Tivvit does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner. Tivvit uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Tivvit does assert copyright and reserves all right to the search results and associated compilations.

Trademarks and Service Marks

"Tivvit" and our logos are either trademarks, service marks or registered trademarks of Tivvit Solutions Pty Ltd. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta-tags or any other "hidden text" utilizing "Tivvit" or any other name, trademark, or product name of Tivvit without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Tivvit, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Tivvit's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Disclaimer regarding Third Party Content

The Services contain links to third-party websites. These third-party websites are not under the control of Tivvit. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the website or any information contained therein. Tivvit does not monitor or have any control over any Third Party Content or third party websites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Tivvit. Tivvit does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the website by any third party. Users use such Third Party Content contained therein at their own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this website, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Information Provided by the User

You hereby agree that you will not submit listings that do not belong to you or that you have not specifically been authorised to list or advertise. Tivvit Solutions Pty Ltd reserves the right to request proof of such authorisation. By submitting a listing, you agree to abide by the Listing Terms which can be read here.

Data relating to maps, deeds data, commercial data and/or other

By accessing the website you agree to abide by the Data Use Agreement which can be read here.

Indemnification

You agree to defend, indemnify, and hold Tivvit harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the website or your use of the website and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against Tivvit arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

No Warranties

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. We 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. We 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.

Limitation of Liability

In no event shall Tivvit, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this website, the materials or services.

Law, Waiver, and Claims

These Terms of Use shall be governed by the laws of the Republic of South Africa. Tivvit’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid  the other provisions of these Terms of Use remain in full force and effect.
Any claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim of any other party. In the event of any dispute between Knowledge Factory, Tivvit Solutions and/or its affiliates and the website User arising out of these Terms of Use, such dispute shall be submitted for arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA"). Either party may apply to an appropriate court for urgent relief or for judgment in relation to a liquidated claim. Either Tivvit or you may seek any interim or preliminary relief from a court of competent jurisdiction in South Africa, as necessary to protect the rights or property of you or Tivvit.

Updated: 12 September 2012
Please direct enquiries with respect to these Terms & Conditions to legal@tivvit.com