WEBSITE TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS

  1. Introduction

Last Updated on March 2021.

    • These terms and conditions (the “Terms”) govern your access to and use of Enfield Management Services’ website (“Site”).
    • By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Enfield Management Services (Pty) Ltd, a company registered in accordance with the laws of the Republic of South Africa (“EMS” or “we” or “us”).
    • Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
    • EMS conducts business as a manager of immovable property on behalf of the owners thereof.
    • From time to time, properties managed by EMS may have vacancies or be available for sale (“Available Properties”).
    • Property brokers/agents (“Agents”) who wish to be granted mandates to market any Available Properties may register on this Site, whereupon they will be granted access to the list of Available Properties and further information pertaining to the Available Properties.
    • Save as may otherwise be agreed in writing, Agents who register on the Site and whose registration is accepted by EMS in writing, and who then proceed to market the Available Properties shall be deemed to have done so in accordance with the terms and conditions of this respective [leasing mandate] and [selling mandate], without it being necessary to separately sign such mandate. The Agent confirms it has read the relevant mandates and agrees to all of its terms and conditions (which are deemed to form part of these Terms).  
  1. Changes to the terms of service

    • We may modify the Terms from time to time (including the mandates).
    • You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site.
    • If we make material changes to these Terms, we will post a notice to this effect on the Site prior to the effective date of such changes.
    • We will also indicate at the top of this page the date that revisions were last made.
    • You should revisit these Terms on a regular basis as revised versions will be binding on you.
    • Any such modification will be effective immediately upon our posting of new Terms provided that if any changes to the mandates are posted on this Site and if the Agent has been the effective cause of a transaction concluded prior to the new mandate being posted, in this case, the mandate terms in existence at the time the transaction was concluded will apply to that transaction.
    • You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  2. Contact Details of EMS

    • Telephone Number: +27 21 531 2425;
    • E-mail Address: mail@enfield.co.za;
    • Site: www.enfield.co.za;
    • Physical Business Address: 6 Howard Studios, Sheldon Way, Pinelands, Cape Town – South Africa.

  3. Intellectual Property

    • We own (or have the right to use) all content on the Site that we create and make available in connection with the Site (“Site Content”) including but not limited to visual interfaces, interactive features, graphics, designs and photographs.
    • We also own (or have the right to use) the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Site Content and the Site, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
    • You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content or IP Rights in whole or in part except as expressly authorized by us in writing. We do not grant you any express or implied rights, and all rights in and to the Site, the Site Content and the IP Rights are retained by us.

  4. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  1. Disclaimer

    • PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EMS TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. 
    • EMS will take reasonable care to ensure that the information contained on the Site is accurate. However EMS does not warrant the accuracy thereof.
    • All prices, rentals, property sizes and property descriptions displayed on the Site are approximate. Prior to marketing any Available Property, the details thereof should be confirmed with EMS via email.   
    • The Site is made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the Site is at your own discretion and risk.  EMS make no claims or promises about the quality, accuracy, or reliability of the Site, its safety or security, or the Site Content.  
    • EMS disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • Your sole and exclusive right and remedy in case of dissatisfaction with the Site, or any other grievance in connection with your use of the Site, shall be your termination and discontinuation of access to, or use of, the Site.
    • EMS disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data; arising out of or in connection with the Site or your use thereof.

  2. Privacy and protection of personal information

    • You represent that you have read and understood our [privacy policy]. We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Affiliates, or the public. If you use the Site outside of South Africa, you consent to having your personal data transferred to and processed in South Africa.

    • You agree that we may collect, store and use certain personal information about you in accordance with our [privacy policy].

  3. Invalidity

Except as expressly provided to the contrary herein, each paragraph, clause, term, and provision of these Terms and any portion thereof shall be considered severable and if, for any reason any part of these Terms is held to be invalid, contrary to, or in conflict with any applicable present or future law, statute or regulation or in terms of a final, binding judgment issued by any Court, it shall not impair the operation of, or have any other effect upon, such other portions of these Terms as may remain otherwise intelligible, which remaining provisions shall continue to be given full force and effect and bind the parties hereto.

  1. General Provisions

    • These Terms are governed by the laws of the Republic of South Africa.
    • In the event of any dispute arising between you and EMS, you consent to the jurisdiction of the Western Cape High Court (notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court).
    • EMS may legally assign any of its rights and obligations under these Terms at any time without giving you notice.