Terms & Conditions
TERMS AND CONDITIONS BINDING ON ALL PARTIES RESERVING A SECTION ONLINE
- Reservation Agreement
- By reserving a Property in the Development, by clicking “Reserve Now” button on the Website, you agree to be bound by the terms and conditions of this Agreement.
- Note that a Reservation (as defined below) does not constitute an agreement of sale in respect of the Property.
- “this Agreement” means the agreement between you and us, as governed by these terms and conditions, in respect of your use of the Website and/ or your Reservation.
- “Agent”means Alexander Swart Property Group and/or such other agency/agencies as we may from time to time appoint market and sell the Development on our behalf.
- “Attorneys”means the attorneys appointed by us from time to time.
- “Development” means the property development as described on the Website.
- “OTP” means our standard offer to purchase to be signed by you within the Reservation Period in order for you to formally offer to purchase the Property you have reserved.
- “Paymaster”means the third-party payment provider who will proceed and receive the Reservation Fee from you and pay same to us.
- “Property”means an erf (if it’s a freehold development) or a section (if it is a sectional tile development) which forms part or will form part of the Development.
- “Reservation”means the reservation of a specified Property for a limited period of time as more fully detailed in 3 below.
- “Reservation Fee”means an amount of R5,000.00 (five thousand Rand) payable by you to us for your Reservation. (NOTE: This is not the deposit required in terms of the Sale Agreement).
- “Reservation Period” means the period of 2 (two) days from payment by you of the Reservation Fee.
- “you/yourself”means the person (natural, juristic or otherwise) who wishes to reserve a Property in the Development and who has completed the relevant information required on the Website to fro purposes of the Reservation.
- “we/us/ourselves”means the developer/seller of the Development.
- “Website”means the Development’s website, being
- “FICA documents”relevant documents required in terms of the Financial Intelligence Centre Act 38/2001.
- Online reservation of a Property
- To reserve a Property please click the Reserve Now button on the Website, select an available Property, complete your details and follow the prompts and instructions as set out below.
- The Reservation will only come into effect once you have paid the Reservation Fee and we have actually received same.
- By using the Paymaster’s services to Pay the Reservation Fee, you agree to be bound by their end user agreement terms and conditions (as may be available on their website).
- The Paymaster will pay the Reservation Fee to us in accordance with their standard payment practices and you acknowledge that the Reservation Fee does not and will not constitute trust funds, will not be held in trust by us or by the Paymaster, and you will not earn any interest thereon.
- Once you have paid the Reservation Fee has been paid to the Paymaster, kindly send proof of payment to the Agent. The Agent’s contact details are available on the Website.
- Should you be unable to (i) use the online reservation facility on the Website or (ii) pay your Reservation Deposit via the Paymaster, you may contact the Agent to make arrangements for payment of the Reservation Fee via electronic funds transfer (EFT). The Agent’s contact details are available on the Website.
- When we have received your Reservation Fee, the Agent will send you a Sale Agreement, whereafter you must within 48 (forty-eight) hours return the Sale Agreement (duly completed and signed) and all the FICA documentation (as specified in the Sale Agreement) to the Agent, failing which your Reservation shall lapse and be of no force or effect. No incomplete or incorrectly signed Sale Agreement will be accepted. It is your sole responsibility to ensure the Sale Agreement is correctly completed and signed, and that you supply all FICA documents to the Agent. To avoid disappointment, ask the Agent is you are unsure about anything.
- The Reservation does not constitute a sale of a Property! Only once your offer to purchase the Property (as contained in the Sale Agreement) has been accepted by us, will the Sale Agreement become a valid, binding and enforceable agreement (subject to the fulfilment of any suspensive conditions contained therein) governing the relationship between you and us.
- Your Reservation Fee will be paid over to the Attorneys once the Sale Agreement has been concluded and will be put towards the deposit due and payable in terms thereof.
- Should you fail to adhere to these terms and conditions in any way whatsoever, or if we are not satisfied with your credit rating/score, we shall be entitled (without giving you notice) to cancel the Reservation, in which event the Property will be available for Reservation by a third party.
- Permission to check credit record
You hereby give us the right to check your credit record with the credit bureaus. If we are not satisfied with such credit record/score, we shall not be obliged to accept any offer to purchase which is submitted to us and we may choose to terminate your Reservation without thereby incurring any liability whatsoever.
- Protection of Personal Information
- We respect your right to privacy and therefore aim to ensure that we comply with the Protection of Personal Information Act 4/2013 (“POPIA”), which regulates the manner in which we collect, process, store, share and destroy any personal information which you provide to is as part of the Reservation process.
- We collect personal information for purposes of liaising with you via the Website, telephonically and/or by email so that we may:
- respond to queries and/or comments received from you;
- inform you of new offers;
- process, validate and verify information and requests relating your Reservation, the Property and/or the Development;
- process the information in line with the specific purpose for which it has been provided; and
- generally improve your experience on the Website.
- We will process your personal information:
- to comply with POPIA and other applicable legislation;
- to protect our rights; and
- for any other lawful purpose.
- Although we do take reasonable precautions in protecting your personal information in our possession, we will not be liable for any loss or damage of any kind and howsoever arising, suffered by you and/or any third party as a result of the disclosure of your personal information, other than by reason of our gross negligence or wilful misconduct.
- Indemnity and Waiver
- You hereby:
- indemnify us against any claim which may arise out of or in connection with your use of our Website (including but not limited to any breach of the integrity of the Website or as a result of any viruses, time-locks, bombs, trojans, malware and/or other harmful mechanisms being transmitted through the Website and/or as a result of using the Website); and
- specifically waive any and all claims which you may have against us (now or in future) arising out of or relating to the use of the Website, whether arising out of any of the reasons set out above or otherwise; and
- specifically agree that at no stage shall we, the Agent or any of our and the Agent’s, shareholders, directors, representatives, employees, service providers or any person involved with the Website be liable for any damages, costs, expenses, losses of any nature or any claim whatsoever related whether directly or indirectly to your use of the Website, any inability to use the Website, or any operation relating to or in any way connected to the Website.
- Address and notices
You hereby select the physical address and email address which you provide through the Website as your addresses where you will receive the delivery of notices and the service of legal process for all purposes under this Agreement (domicilium citandi et executandi).
- Our intellectual property rights (IPR)
- You acknowledge that we own the IPR in and to the Website (specifically including all information and material contained thereon), or such IPR may otherwise vest in us.
- You accordingly:
- agree that you may not copy, replicate, reverse engineer or in any way use any portion of the Website without our prior written consent (which consent, if granted, may be subject to certain conditions); and
- acknowledge all our trademarks, copyrights and other IPR in and to the Website and the contents of the Website as well as the underlying programmes and code relating to or operating the Website.
It is specifically recorded that these terms and conditions are governed by the laws of the Republic of South Africa and that you hereby consent to the non-exclusive jurisdiction of the Western Cape High Court, cape Town in respect of any dispute or other matter arising out of or relating to this Agreement.
Should any word, phrase, clause or provision of this Agreement be found by a competent Court to be illegal or unenforceable, such word, phrase, clause or provision shall be severed from this Agreement and the remaining terms and conditions will continue to be binding on you and us.
- Amendment & Variation of this Agreement
- You may not amend or vary any part of this Agreement. You may also not cancel this Agreement.
- You also recognise that it may be necessary for us to amend the terms and conditions from time to time and you accordingly agree that such amendments will be effective as soon as we publish it on the Website and will apply to you irrespective of whether (i) such amendments come to your notice and/or (ii) you have read same.