TERMS AND CONDITIONS BINDING ON ALL PARTIES RESERVING A SECTION ONLINE
Reservation Agreement By reserving a Section in the Development known as On Park (the “Development”) and as described on the Website link www.rabie.co.za/onpark (the “Website”), you hereby agree to be bound by these terms and conditions contained herein by selecting, clicking and accepting the terms and conditions on the On Park Website and by clicking “Reserve now” on the relevant page relevant to the aforementioned Development.
Definitions 2.1 “the Attorneys” means the attorneys nominated by Rabie from time to time;
2.2 “Reservation Deposit” means R5 000.00 (five thousand Rand) to only serve as a Reservation of the Unit/Apartment. There will be an additional Deposit amount payable as called for in the Offer to Purchase to secure your Unit/Apartment.
2.3 “Paymaster” means the third-party paymaster which will receive and pay the Reservation Deposit into our trust account, such third-party paymaster currently being PayFast;
2.4 “Unit/Apartment” means a unit/apartment which will form part of the relevant Development;
2.5 “you/yourself” means the person, or entity who wishes to reserve a Unit/Apartment in a Development and who has completed the relevant information required on the Website to complete the reservation;
2.6 “we/us/ourselves” means Rabie Property Group registration number 2006/012251/07 ;
2.7. “Website” means the On Park website, found at www.rabie.co.za/onpark
2.8 “Reservation” means that you reserve a Unit/Apartment for a limited period of time as defined in this agreement. A Reservation does not constitute a Sale Agreement.
2.9 “Agent” means Property World.
2.10 “FICA documents” relevant documents required in terms of the Financial Intelligence Centre Act 38 of 2001 (as amended)
Online reservation of a Unit/Apartment 3.1. To reserve a Unit/Apartment online, please complete the information on our Website on the reservation page.
3.2. You confirm that the Reservation will only come into effect once you have paid the Reservation Deposit to the Paymaster via the online payment facility on the Website.
3.3. The Paymaster will pay the Reservation Deposit to us in accordance with their standard payment practices. Upon using the Paymaster you agree to be bound by their end user agreement as available on their website and you confirm that you are aware and accept that until the Paymaster physically pays the Reservation Deposit to us that such monies will not constitute trust monies and will not be held by us in trust.
3.4 Once the Reservation Deposit has been paid to the Paymaster, kindly send proof of payment within 24 hours to the Agent, firstname.lastname@example.org.
3.4. Upon payment of the Reservation Deposit, an offer to purchase for the Unit/Apartment will be sent to you by the Agent.
3.5 The offer to purchase must be completed, initialled, and signed in the correct manner, accompanied by all necessary FICA documentation as specified by the Agent, and return the same to the Agent, within 72 (seventy two) hours of the transmission of the offer to purchase by the Agent to you. Once this offer has been accepted by us, the offer will then become the binding agreement between yourself and ourselves, subject to the fulfilment of all the suspensive and resolutive conditions contained therein.
3.6 The Reservation of a Section in terms of this agreement does not constitute a sale and it is only once the offer to purchase, duly accepted and signed by both parties that the agreement is valid and enforceable. Such agreement will govern the relationship between us and yourself in regard to the purchase of the Unit/Apartment.
3.5. The Reservation Deposit will not be invested until the FICA documents and the necessary signed investment forms have been received by the Attorneys and a binding offer to purchase has been signed by both parties.
3.6 Your Reservation Deposit will be paid over to the Attorneys once the Offer to Purchase has been concluded.
3.7 Should the conditions as detailed in 3.1 to 3.5 above not be met within within 72 (seventy two) hours, you breach these terms and conditions in any way whatsoever, or if we are not satisfied with your credit rating, we shall be entitled, without giving you notice, to cancel the reservation of the Unit/Apartment, in which event the reservation of the Unit/Apartment will no longer be secured for you and any other person/s may reserve such Unit/Apartment.
3.8 If you have reserved the Unit/Apartment as a result of direct marketing by us, you may in such instance cancel this agreement during your cooling off period, being a period of five business days from the date of making the reservation on our Website and accepting the terms and conditions therein.
3.9 Upon valid cancellation of the reservation by either you or us, your Reservation Deposit (if already paid) will be refunded to you within 20 (twenty) business days after such cancellation.
Reservation of a Section by Electronic Funds Transfer (EFT) Should you not wish to use the online reservation facility and pay your Reservation Deposit via the Paymaster, you can arrange the payment of the Reservation Deposit directly with the Agent. The Agent’s contact details can be found on the Contact Page of the Website.
Permission to check credit record You hereby give us the right to check your credit record. If we are not satisfied with such credit record, we shall not be obliged to accept any offer to purchase which is submitted or returned to us and we may cancel this reservation or sale.
Declaration in terms of the Protection of Personal Information (“the POPI Act”) We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the Protection of Personal Information Act, 2013 which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.
We collect personal information in order to liaise with you telephonically, via our website or email so that we may:
Respond to any query or comment received from you; Inform you of new offers; Process, validate and verify information and requests for the supply of goods and/or services; Process the information in line with the specific purpose for which it has been provided; and Generally improve your experience on our website.
Processing of Information
We will share your personal information:
In order to comply with applicable legislation or with legal process served on our company; In order to protect and defend the rights or property of our company.
Treat your personal information as strictly confidential; Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period. Although we take the aforementioned precautions in protecting your personal information, we shall however not be liable for any loss or damage, howsoever arising, suffered as a result of the disclosure of such information if outside our reasonable control.
You have the right at any time to:
Rectify the Personal Information collected by us; Object to the processing of Personal Information (subject to applicable legislation); Request the return or destruction of your Personal Information (subject to applicable legislation); Lodge a complaint with the company.
Indemnity and Waiver You hereby indemnify us against any claim which may arise out of the use of our Website for whatsoever reason including but not limited to the fact that the integrity of this Website is breached in any way whatsoever or as a result of any viruses, time-locks, bombs, trojans or other harmful mechanisms being transmitted through this Website and/or as a result of using this Website and specifically waive all and each claim which you may have against us arising out of or relating to the use of this Website whether arising out of any of the reasons set out above or otherwise or at all. You specifically agree that at no stage shall we or any of our agents, employees, directors or any person involved with this Website be liable for any damages, costs, expenses, losses of any nature or any claim whatsoever connected to your use of this Website or any operation relating to this Website or any inability to use this Website or in any way related to this Website.
Jurisdiction It is specifically recorded that this agreement is governed by the laws of the Republic of South Africa and that you hereby consent to the non -jurisdiction of the Western Cape High Court in respect of any dispute or matter arising out of or relating to this agreement.
Severability Should any word, phrase, clause or provision of this agreement be found to be illegal or unenforceable, such word, phrase, clause or provision shall be severed from this agreement and the balance of the agreement will remain binding on you and us.
General 10.1 You may not amend or vary this agreement or any of its terms and conditions unless we have specifically consented to the same in writing and signed such consent. You may also not cancel this agreement or any of these terms and conditions other than as specifically provided for in this agreement. You also recognise that it may be necessary for us to amend the terms and conditions of this agreement from time to time and you accordingly agree that such amendments will take effect once we have published the same on this Website irrespective of whether you have read such amendments or not or whether such amendments come to your notice.
10.2 By using the Website, you confirm your acceptance to be bound by the terms and conditions as stated herein.
10.3 You hereby select the address and email address completed on our Website on the reservation page as your domicilium citandi et executandi being the address for the service of all legal notices and processes in terms of this reservation.
10.4 You agree that you may not copy or replicate any portion of this Website in respect of which the intellectual property right vests in ourselves and acknowledge all our trademarks, copyrights and other intellectual property rights in and to this Website and the contents of this Website as well as the underlying programmes and codes relating to or operating this Website. You specifically acknowledge that the same vests in and remains in us at all times.