Definitions

About us

Homescout is an online property listing website that aims to provide its users with the latest and most informative listings on the property market.

Homescout offers Estate Agents a platform to make their listings available through our website and for users to find their perfect home.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Services and Products

Homescout offers online application and signup for all products and services only via our website. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Homescout will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.

Sign up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act ("the ECT Act”).

Homescout provides services on the basis of information provided by the client, and Homescout offers no warranty as to the suitability of the services beyond the requirements as expressed by the client.

Homescout reserves the right to stop offering particular services if it deems it necessary. Homescout will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Availability of Services

Homescout will endeavour to make its services and website available 24/7. If, however, maintenance or any other systems upgrades may take place from time to time, the website or service may occur downtime. If the downtime is planned, Homescout will endeavour to notify all affected clients.

Payment and Penalties

Homescout only accepts Credit Card payments for services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Homescout's discretion.

The client’s credit card payment of the subscription fee/service or any other fee will be submitted monthly in advance on or about the first Business Day of the month.

Homescout will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.

Unpaid or declined Credit Cards or any other irregularity regarding payment which results in non-payment may result in immediate suspension of Services. Homescout retains the right to suspend any Services for non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.

All transactions will be processed in South African Rands (ZAR).

Homescout reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.

Homescout may charge an admin fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such admin fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin fees will be calculated on a sliding scale based on the number of incidents of non-payment on the client's payment record. Non-payment of admin fees will be considered non-payment and will be subject to the same terms. Once levied, admin fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.

If the Client’s Services are suspended or terminated for any reason, including non-payment, Homescout may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Homescout may charge multiple reconnections Fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Homescout's right to enforce such penalties in full at any time (within their discretion).

Reconnection of Services may be subject to a waiting period of up to 72 hours, at Homescout’s discretion, regardless of when payment is received or cleared.

In cases of suspension of Services due to non-payment, Homescout reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.

Both Admin and Reconnection fees will not exceed R500 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.

In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Homescout’s discretion.

Homescout reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Homescout’s discretion and may vary. The means and terms of termination will be determined at Homescout’s discretion. Notice of termination will be provided to the best of Homescout’s ability, but Homescout will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.

Cancellation Policy

Should you for any reason wish to cancel your services you must advise Homescout by emailing your cancellation request to info@homescout.co.za. As Homescout’s services are month-to-month, any cancellations made before the 25th day of the month will be processed at the end of the same month. Any cancellations made on or after the 25th day of the month will only be processed at the end of the following month.

Security Policy

Credit card transactions will be acquired for Homescouter (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to Homescout and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Homescout for any civil action or any legal action deemed necessary against me.

Contact Details