Terms and Conditions of Service | Daleglen Property Group

Terms and Conditions of Service

  1. Terms and Conditions of Use
    These Terms and Conditions are binding and enforceable against all individuals and/or entities (referred to as "you"; "your" or "user") that access or use the site, or any part thereof. By using the Website you will be regarded as having read these Terms and Conditions and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Website.
  2. Amendments and Changes
    Daleglen Property Group (referred to as “Daleglen”, “we” or “us”) reserves the right to change the information displayed on the Website including these Terms and Conditions at any time without notice to you. It is your responsibility to visit the Website periodically to review the Terms and Conditions to which you are bound. The new terms will be effective immediately when they are posted on the Website and, by continuing to access or use the Website, you will be deemed to have accepted the new terms (as published on the Website).
  3. General
    3.1 These Terms and Conditions are governed by the laws in force in the Republic of South Africa.
    3.2 In the event of any dispute arising between you and Daleglen, you consent to the jurisdiction of the Western Cape High Court (notwithstanding that the quantum in the action or proceedings may otherwise be within the monetary jurisdiction of another court).
    3.3 Daleglen may legally assign any of its rights and obligations under these Terms and Conditions at any time without giving you notice.
    3.4 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 Content of without Daleglen's prior written consent.
    3.5 You also agree that you shall not abuse or misuse the Website or the Website Contents in any manner whatsoever.
  4. Copyright and Intellectual Property (“IP”)
    The Website (and all related pages) including but not limited to the pictures of properties used on this Website, content, software, text, graphics, trade names, logos, trade-marks, designs and service marks or other material contained in or electronically distributed on this Website ("Website Content") are protected by law, including but not limited to copyright and trade mark law. The Daleglen logos and any names or logos associated with properties owned by Daleglen are all trademark protected in terms of South African common law. The Website, including the Website Content and Daleglen Trademarks, is the exclusive property of Daleglen. Reproduction of the Website Content and/or the Daleglen Trademarks by anyone is strictly prohibited.
    4.1 You will not / may not:
    4.1.1 acquire any right, title or interest in or to the Website; Website Content or Daleglen Trademarks;
    4.1.2 make a permanent copy of or reproduce this Website and/or the Website Content in any form whatsoever;
    4.1.3 reproduce or incorporate this Website into any other website; and
    4.1.4 frame this Website without the express written consent of Daleglen.
    You may only print, display or download temporary copies of the Website Content to your computer for your own personal non-commercial use. Any use, distribution or reproduction of the Website Content or Daleglen Trademarks is prohibited unless expressly authorised by Daleglen in writing. To obtain permissions for the commercial use of any Website Content and/or Daleglen Trademarks you must contact us at enquiries@daleglen.co.za Where any of the Website Content has been licensed to Daleglen or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  5. Social Media Protocol
    Daleglen may engage with users through social media platforms (“platforms”). These Terms and Conditions and any amendments are, as far as possible, incorporated by reference into platform engagements. We reserve the right to remove any content posted and create, send, share or modify any content on those platforms. We may communicate with users through platforms however the views, engagements and communications are not the official views of Daleglen. If you want to verify any communications or content expressed through platforms please contact us.
  6. Third Party Links
    This Website may from time to time contain hyperlinks or reference to third party websites, news, advertisements or reviews independently published and over which Daleglen has no control. These Terms and Conditions do not apply to third party websites. The presence of a link to a third party website is for your convenience only. Any such link does not mean that Daleglen endorses that website or has any association with the proprietor of that website. Notwithstanding the fact that the Website may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we assume no responsibility for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.
  7. Service Interruptions
    Whilst we take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, you acknowledge that 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 particular part of it).
  8. Disclaimer.
    Daleglen endeavours to ensure that the contents of this Website are correct and complete, however it shall not be liable for any claims or losses of any nature, arising directly or indirectly from the use of the contents of this Website. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Daleglen Property Group and the user is encouraged to consult professional or third-party advice prior to taking any course of action relating to information, ideas or opinions expressed on this Website. Daleglen nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any services from or on this Website. Subject to the provision of sections 43(5) and 43(6) of the Electronic Communication and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use of, or inability to use this Website or the services or content provided from and through this Website.
  9. Stock Availability and Accuracy
    9.1 Whilst reasonable care is taken to ensure that the information contained on the Website is accurate, we cannot guarantee the accuracy thereof. All erf and building size values which may be displayed on the Website are displayed as approximate size values and Daleglen makes no representation nor gives any warranty that the erf and building size values are accurate and/or up to date.
    9.2 Daleglen 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 Content (including, but not limited to any pictures, photographs of properties, text, graphics, advertisements, files, links, financial calculators, currency conversion; erf and building size/s, general property information or other items on the Website) and disclaims all representations and warranties.
    9.3 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 Content.
    9.4 We make no representation nor give any warranty that the Website Content will be accurate, up to date, uninterrupted or error free.
    9.5 Daleglen 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 Daleglen. We 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 Content; or your inability to use the Website and/or the Website Content, and/or any unlawful activity on the Website and/or third party links. 
  10. Indemnity
    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 DALEGLEN TO THE FULLEST EXTENT PERMITTED BY LAW.
    YOU HEREBY INDEMNIFY DALEGLEN 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 CONTENT AND/OR ANY THIRD PARTY LINKS.
  11. Invalidity
    If any part of these Terms and Conditions 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.
  12. Enquiries
    If you have any questions or concerns arising from these Terms and Conditions please contact us.