Website Terms of Service
terms for using www.kwselect.co.za
In an effort to ensure that you, our valued website visitor, are always informed, we have completed the Terms of Service below in order to clarify all legal & privacy matters below for your perusal. By continuing to use this website you agree to the below Terms of Service.
01. Introduction
1.1 This page states the terms of service under which you may use www.kwselect.co.za, hereinafter referred to as ‘the Website’.
1.2 The Website is made available to you by Keller Williams Select, a limited liability private company duly registered in the Republic of South Africa and hereinafter referred to as ‘KW Select’, ‘we’, ‘us and/or ‘our’.
1.3 The Website is operated & maintained by KW Select. Should you have any queries or comments about the Website or our privacy policy, you may contact us on the particulars in the footer below or by clicking here.
1.4 Keller Williams Select ® Realty is a real estate franchise company. Each Keller Williams ® office is independently owned and operated. Keller Williams Select and KWSA® Realty is an Equal Opportunity Employer and supports the Fair Housing Act.
02. Terms of Use
2.1 These terms of service are binding and enforceable against all individuals and/or entities, hereinafter referred to as ‘you, ‘your’ and/or ‘user, that access and/or uses the Website, or any part thereof.
2.2 By using the Website you will be regarded as having read these terms of service and agree to be bound by it. If you do not agree to these terms of service, you are advised not to use the Website.
03. Amendments & Updates
3.1 KW Select reserves the right to change the information displayed on the Website, including these terms of service, at any time without prior notice.
3.2 It is your responsibility to visit the Website periodically to review the terms of service to which you are bound.
3.3 The new terms will be effective immediately once they are published on the Website and, by continuing to access or use this Website, you will be deemed to have accepted these new terms.
04. Copyright
4.1 The Website, including, but not limited to, all of its pages, text, designs, graphics, images, logos, trade names, trade-marks, software and/or any other material contained within or electronically published through the Website (collectively referred to as the ‘contents’) are protected by law, including but not limited to copyright and trade mark law (whether in South Africa or elsewhere in the world where the Website is accessed and/or used).
4.2 The Website, including the Website’s content and all KWSA and KW Select Trademarks, is the exclusive property of KW Select and KWSA.
4.3 Any reproduction of the Website’s content and/or the KW Select and KWSA Trademarks by you or any third party in any manner whatsoever is strictly prohibited.
4.4 You can’t / may not:
4.4.1 acquire any right, title, or interest in or to the Website, its contents or any KW Select and KWSA Trademarks
4.4.2 make a permanent copy of or reproduce the Website and/or any of its contents in any form whatsoever
4.4.3 incorporate the Website into any other website without the express written consent of KW Select and KWSA
4.5 You may print, display, or download temporary copies of the Website’s contents to your local machine or device for personal and non-commercial use only.
4.6 Any use, distribution, or reproduction of the Website’s contents or KW Select and KWSA Trademarks is prohibited (unless expressly authorised in writing by KW Select and KWSA). To obtain permission for the commercial use of any of the Website’s content and/or KW Select and KWSA Trademarks, contact us.
4.7 Where any of the Website’s contents belongs to any third party, your rights of use will be subject to any terms which that licensor or third party may impose on you from time to time and you agree to comply with such terms. It is your responsibility to familiarise yourself with any third-party terms prior to the use of that product and/or service.
05. External Links
5.1 This Website may from time to time contain hyperlinks or reference to third party websites, articles, advertisements, reviews, etc. (collectively referred to as “third party links”) independently published and over which KWSA has no control.
5.2 The presence of any third-party link on the Website is for your convenience only. Any such link does not suggest that KW Select and KWSA endorses it or has any association with the proprietor(s) of such links.
5.3 Notwithstanding the fact that the Website may refer to or provide third party links, your use of such links is entirely at your own risk, and we assume no responsibility for any loss, expense, claim or damage whatsoever, whether direct, indirect, or consequential, arising from your use of such links or your reliance on any information contained thereon.
06. Disclaimer
6.1 Whilst every care has been taken to ensure a high standard of the Website and continuity thereof, the internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate this Website or any part thereof.
6.2 KW Select and KWSA will not be liable to you in any manner whatsoever in the event that it chooses to suspend, modify, or terminate the Website.
6.3 E&OE. All information on the Website is deemed reliable but not guaranteed. Whilst reasonable care is taken to ensure that the information contained on the Website is accurate, we cannot guarantee the accuracy thereof.
6.4 All currencies on the Website will be displayed in South African Rand (ZAR).
6.5 All erf and building size values displayed on the Website are displayed as approximate size values and KW Select and KWSA makes no representation nor gives any warranty that the erf and building size values are accurate and/or up to date.
6.6 KW Select and KWSA provides the Website on an ‘as is’ and ‘as available’ basis and makes no representations or warranties of any kind (express or implied) with respect to the Website or the Website’s content’s and disclaims all representations and warranties.
6.7 In addition, we make no representation nor give any warranty, undertaking or term (either express or implied) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses, Trojans, bombs, time-locks or any other data code or harmful mechanisms (which has the ability to corrupt or affect the operation of the Website or our systems) of the Website’s contents.
6.8 We make no representation nor give any warranty that the Website’s content’s will be accurate, up to date, uninterrupted or error free.
6.9 KWSA cannot be held liable for any inaccurate information or content published on the Website save where such liability arises from the gross negligence or wilful misconduct of KW Select and also KWSA.
6.10 KW Select and KWSA shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website and/or the Website’s contents, or your inability to use the Website and/or the Website’s contents, and/or any unlawful activity on the Website and/or third-party links.
6.11 You hereby indemnify KW Select and KWSA against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the website, website’s contents and/or any third-party links.
6.12 Nothing on the Website shall be regarded or taken as financial, investment or property advice. The information contained on the Website may not be relied upon in connection with any financial, investment or property decision you may make.
6.13 Please contact us to report any possible errors or improvements to the Website by means of email.
07. Indemnity
7.1 You acknowledge that you are solely responsible for the use to which you put the Website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations, and terms whether expressed or implied, statutory, or otherwise are hereby excluded by KWSA to the fullest extent permitted by law.
7.2 Save in respect of liability for death or personal injury arising out of our gross negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim, to the fullest extent permitted by law, all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in delict, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Website.
08. Privacy Policy
8.1 Personal information is crucial to the running of KW Select and KWSA’s business and is one of our most valuable business tools. KWSA respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing your personal information to prevent unauthorised access to such information.
8.2 You agree that we may collect, store, and use certain personal information about you in accordance with our privacy policy.
09. Cookies
9.1 To make your experience visiting the Website as simple and convenient as possible, the Website make use of ‘cookies’ for measurement, data analysis, targeted advertising, and potential personalisation of the Website so that KW Select and KWSA can better serve you with more customised information when you return to the Website.
9.2 Cookies are small text files containing small amounts of information which are downloaded to your local machine or device when you visit a website. Cookies are sent back to the originating website on each subsequent visit, or to another website that recognises that cookie.
9.3 If you do not want your information to be collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature and which notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. If you do not accept the use of cookies or fail to deny the use of cookies, you consent to KW Select and KWSA’s use of any of your information collected by KW Select and KWSA using cookies. Such use shall be limited to use for marketing, compiling statistics and to provide you with better access to the Website.
9.4. User behaviour on the Website is tracked using Google Analytics. KW Select and KWSA will not facilitate the merging of your personal information with non-personally identifiable information collected through Google advertising products or features unless you are notified thereof and consent (or opt-in) thereto. You may opt-out of the Google Analytics Display Advertiser features by visiting this link.
10. General
10.1 If any part of these terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.2 These terms of service are governed by the laws in force in the Republic of South Africa.
10.3 In the event of any dispute arising between you and KW Select and KWSA, you consent to the jurisdiction of the Gauteng High Court (notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court).
10.4 KW Select and KWSA may legally assign any of its rights and obligations under these terms of service at any time without giving you notice.
10.5 You agree that you shall only use the Website for lawful purposes and shall not in any manner whatsoever modify, distribute or exploit the Website’s content or without KW Select’s and KWSA’s prior written consent. You also agree that you shall not abuse or misuse the Website or the Website’s contents in any manner whatsoever.
