Terms and Conditions

1. TERMS AND CONDITIONS OF USE

This document sets out the terms and conditions ("Terms") of ("Housing Master" or "We") pertaining to the access and use of the information, products, services and functions provided on www.housingm.com ("Website"). The purpose of the website is to provide information about Housing Master.

2. DEFINITIONS AND INTERPRETATION

   1. "Confidential information" means all trade secrets, intellectual property rights, and other information Housing Master or third parties protect against unrestricted disclosure to others, which is either labelled Confidential and accessed through a restricted or non-public area of the Website or pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure.
   2. "Housing Master" means Housing Master (Proprietary Limited) a company duly registered in terms of the South African Company Laws with registration number 2023/852568/07).
   3. "Intellectual property" means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

3. YOUR USE OF THE WEBSITE

   1. By accessing and using the website, you, the user ("you" or "user"), agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this website.
   2. These Terms are binding and enforceable against all persons that access the Website or any part thereof. Housing Master relies on the provisions of section 11 of the Electronic Communications and Transactions Act, 25 of 2002 ("ECT Act") in this regard.
   3. You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to the commission of a criminal offence; to gain unauthorized access to other computer systems; or for the transmission of unlawful material.

4. RISK, DISCLAIMER AND LIMITATION OF LIABILITY

   1. The User’s use of the Website and the information contained on the Website is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof.
   2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall Housing Master be liable for any loss, harm, or damage suffered by the User as a result thereof. Housing Master reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should Housing Master deem it necessary.
   3. Neither Housing Master, its affiliates, shareholder, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, however arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if Housing Master knows or should reasonably have known or is expressly advised thereof.
   4. Neither Housing Master, its affiliates, shareholder, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, however arising (whether in an action arising out of contract, statute, delict or otherwise) related to defamatory content published by the User on the Website, infringement of copyrights, trade secrets, proprietary information and other intellectual property rights of third parties by Users on the Website and / or any invasion of privacy or wrongful intentional interference.
   5. The liability of Housing Master for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Housing Master rectifying the malfunction, within a reasonable time However in no event shall Housing Master be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
   6. User hereby unconditionally and irrevocably indemnifies and agrees to hold Housing Master free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Housing Master or instituted against Housing Master as a direct or indirect result of:
      1. the use of the Website;
      2. your failure to comply with any of the terms or any other requirements which Housing Master may impose from time to time;
      3. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
      4. any unavailability of, or interruption in, the Website which is beyond Housing Master’s control.
   7. Housing Master makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. User expressly waives and renounces all its rights of whatever nature that it may have against Housing Master for any loss suffered by it, as a result of information supplied by Housing Master being incorrect, incomplete or inaccurate.
   8. Housing Master shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Persons that wish to link to content beyond the home page of the Website shall do so at their own risk and indemnify Housing Master against any loss, liability or damage that may result from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Housing Master’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions. Users understand that content available on the Website is proprietary to Housing Master and other third parties and warrant that they may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas and acknowledged.

5. ALLOWED USE AND LICENCE

   1. Housing Master licenses the User to view, download and print the content of the Website, provided that such content is used for lawful purposes only.
   2. The caching of the Website shall only be allowed if:
      1. the purpose of the caching is to make the onward transmission of the content from the Website more efficient;
      2. the cached content is not modified in any manner whatsoever;
      3. the cached content is updated at least every 12 (twelve) hours; and
      4. the cached content is removed or updated when so required by.
   3. If any User uses content from the Website in breach of the provisions detailed herein Housing Master:
      1. reserves the right to claim damages from the User;
      2. reserves the right to institute criminal proceedings against the User; and
      3. shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
   4. No person may incorporate the Website’s content into their own website (a practice known as framing), in any manner whatsoever, without Housing Master’s prior written consent.
   5. Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from the Website for any purposes, without Housing Master’s prior written consent. E-mail addresses, names, telephone numbers and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Housing Master and all rights detailed in section 45 of the ECT Act are reserved.
   6. All licenses and/or permissions granted in terms of this clause 5 are provided on a non-exclusive and non- transferable basis and may be terminated or cancelled by Housing Master at any time without prior notice or giving reasons therefore; and
   7. Notwithstanding the fact that hyperlinks in these Terms to copyright notices and legislation should be deemed part of these Terms in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these Terms.

6. APPLICATION FOR HOUSING SERVICES AND CONDITIONS TO SUCH APPLICATION

   1. These standard terms and conditions, as amended by Housing Master from time to time in accordance with the provisions the Consumer Protection Act, 68 of 2008 or any other applicable legislation, are applicable to the provision and use of all electronic communications services and products provided by Housing Master to Consumers.
   2. The Consumer accepts and agrees that these terms and conditions become binding on it once Housing Master has processed the Consumer’s Application for services form and agreed to provide the Consumer with the Housing Master services and Housing Master will notify the Consumer of its acceptance or non-acceptance and where applicable, the deposit which it may require in order to secure the Housing Master services.
   3. Should You decide to register as a user on any of Housing Master’s online platforms (the Platforms), we may require You to provide us with personally identifiable information which includes but is not limited to:
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number;
      6. your date of birth; and
      7. your place of birth.
   4. Depending on the nature of the transaction you wish to conclude with Housing Master, the following additional and essential information may be required:
      1. your identity number/ passport number;
      2. your bank details, including credit card details;
      3. your details about your employment, tax number and financial information;
      4. your records of correspondence or enquiries from you or anyone acting on your behalf;
      5. any details of transactions You carry out with Housing Master;
      6. details of contracts, sales or leases you carry out with Housing Master; and
      7. sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.

7. INTELLECTUAL PROPERTY RIGHTS

   1. All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by Housing Master alternatively Housing Master is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of Housing Master.
   2. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
   3. Except with Housing Master’s express written permission, no proprietary material from this Website may be copied or retransmitted.
   4. Irrespective of the existence of copyright, the User acknowledges that Housing Master is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.
   5. Housing Master authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
8. PERSONAL INFORMATION

Housing Master shall take reasonable steps to protect your personal Information. Details of what personal information we collect, what we do with it and what you should know about submitting personal information when you access the Website can be found in our Privacy Policy. We recommend you read our Privacy Policy very carefully before you access the Website.

9. COLLECTION OF COOKIES

   1. By using this site, you agree to our Privacy Policy. Housing Master may use cookies to ensure that the website is well managed and to facilitate improvement of the site. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
   2. Neither cookies nor web beacons collect personal information such as the user’s name or e-mail address. A user may reject cookies as most browsers permit individuals to decline cookies. Under certain circumstances, users may be denied access to some parts of this website if their browsers are set to decline cookies.

10. COMPLAINTS PROCEDURE

    1. If you are of the view that your rights have been infringed through the unlawful use of the Website, access by other Website users or third parties, you may address a complaint to us by emailing contact@housingm.com or calling us directly on 012 003 2943. Please include the following information in your complaint which may be of assistance in resolving the problem:
       1. the full names and address of the complainant;
       2. the written or electronic signature of the complainant;
       3. identification of the right that has allegedly been infringed;
       4. identification of the material or activity that is claimed to be the subject of unlawful activity;
       5. the remedial action required to be taken by us in respect of the complaint;
       6. telephonic and email contact details, if any, of the complainant;
       7. a statement that the complainant is acting in good faith;
       8. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct; and
       9. please quote any order/ reference number allocated to you in respect of said complaint.
    2. We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or appropriate action taken against the relevant user and/or third party.

11. CHANGES AND AMENDMENTS

    1. Housing Master reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
       1. change these Terms;
       2. change the content and/or services available from the Website;
       3. discontinue any aspect or feature of the Website and any information or content on the Website or service(s) available from the Website; and/or;
       4. change the software and hardware required to access and use the Website; and
       5. amend and/or replace any of, or the whole of the Terms.
    2. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Housing Master from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
    3. If there is anything in these Terms that you do not understand, then please contact us as soon as possible – see clause 9 above for contact details. Please note that calls to us are charged at national rates and may be monitored for security or other legitimate purposes.

12. SECURITY

    1. Protection
       1. Housing Master has in place reasonable commercial standards of technology and operational security to protect all information provided by Users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a User's information including any sensitive data submitted.
       2. It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website.
       3. If a person, business or entity delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, civil damages may be claimable against that person, business or entity.
    2. External links and advertising
       1. Wherever this website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at the User’s own risk.
       2. Wherever third-party advertising or promotional material is displayed on this website, this should not be construed as the Housing Master endorsing or creating any relationship between Housing Master and that third-party. Reliance on any such material is entirely at your own risk.
    3. Linking

Any third party wishing to link to this website from their website must obtain permission from Housing Master, and permission may be granted on terms and conditions agreed.

13. GENERAL CLAUSES

    1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore South African law enforced by the South African courts governs the use or inability to use the Website, its content, services and these Terms.
    2. This Website is controlled, operated and administered by Housing Master from its offices within the Republic of South Africa. Housing Master makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
    3. Housing Master does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
    4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
    5. Housing Master’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
    6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without Housing Master’s prior written consent.
    7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    8. Headings to the paragraphs to these Terms shall be used in the interpretation of any of the provisions to which they relate.
    9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the other genders and words importing persons shall include partnerships and corporate and unincorporated entities.
    10. These Terms set forth the entire understanding and agreement between Housing Master and you with respect to the subject matter hereof.
14. LEGAL COSTS

Housing Master shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and condition.