Terms & Conditions

1. Introduction

Welcome to the 3@1 Properties website ("the Website").

The Website is operated by 3@1 Properties ("3@1 Properties", "we", "us" or "our"), a South African property agency providing property-related services, including the marketing of properties for sale or rental, property enquiries, property viewings and related property practitioner services.

These Terms & Conditions ("Terms") govern your access to and use of the Website and apply to all visitors, users and persons who submit enquiries or otherwise interact with the Website.

By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the Website.

These Terms should be read together with our Privacy Policy and any other policies, notices or agreements that may apply to particular services provided by 3@1 Properties.

2. Applicable Law

3@1 Properties operates in the Republic of South Africa and the Website and its services are subject to applicable South African law.

These Terms are intended to operate in accordance with applicable South African legislation, including, where applicable:

• The Property Practitioners Act 22 of 2019;
• The Consumer Protection Act 68 of 2008;
• The Protection of Personal Information Act 4 of 2013;
• The Electronic Communications and Transactions Act 25 of 2002; and
• Other applicable South African legislation, regulations and codes of conduct.

Nothing in these Terms is intended to limit, exclude or waive any right or protection available to a consumer under applicable law where such right or protection cannot lawfully be limited, excluded or waived.

3. Use of the Website

The Website is provided primarily to provide information about 3@1 Properties, its services and properties that may be available for sale or rental.

You agree to use the Website only for lawful purposes and in a manner that does not:

• violate any applicable law or regulation;
• infringe the rights of 3@1 Properties or any third party;
• interfere with the operation or security of the Website;
• introduce malicious software, viruses or other harmful material;
• attempt to gain unauthorised access to the Website, its systems or databases;
• use automated systems to scrape, copy or systematically collect Website content without our prior written permission; or
• submit false, misleading, fraudulent or deliberately inaccurate information.

3@1 Properties reserves the right to restrict or terminate access to the Website where we reasonably believe that these Terms have been breached or that the Website is being misused.

4. Property Listings and Information

The Website may contain information about properties available for sale or rental.

Property information may include, but is not limited to:

• photographs and videos;
• property descriptions;
• asking prices;
• erf and building sizes;
• number of bedrooms, bathrooms and parking spaces;
• features and amenities;
• location information;
• development or estate information;
• levies and other property-related information;
• availability information; and
• information supplied by property owners, developers, landlords or other third parties.

We make reasonable efforts to present property information accurately and keep listings up to date. However, property information can change and may sometimes contain errors, omissions or information that has not yet been updated.

Accordingly, information displayed on the Website should not be regarded as a substitute for independent verification.

You should confirm important information directly with the relevant 3@1 Properties property practitioner before relying on it when making a purchasing, selling, renting, investment or other property decision.

5. Property Prices and Availability

Property prices and availability displayed on the Website are subject to change without notice.

A property appearing on the Website does not necessarily mean that it remains available at the displayed price.

Properties may be:

• sold;
• withdrawn from the market;
• placed under offer;
• subject to a pending transaction;
• rented;
• withdrawn from rental;
• subject to a price change; or
• otherwise unavailable.

Where a property is advertised as being available, prospective purchasers or tenants should contact 3@1 Properties to confirm its current status, price and availability.

The publication of a property on the Website does not constitute an offer by 3@1 Properties to sell or rent that property to any particular person.

6. Property Descriptions and Third-Party Information

Some information published on the Website may be supplied to 3@1 Properties by property owners, sellers, landlords, developers, body corporates, managing agents, municipalities, service providers or other third parties.

While we may review information provided to us, we cannot guarantee that every item of third-party information is complete, current or independently verified.

Where appropriate, prospective purchasers, tenants and other interested parties should conduct their own investigations and obtain independent professional advice before entering into a property transaction.

This may include verifying, where relevant:

• property dimensions;
• zoning;
• municipal information;
• building plans;
• title deed conditions;
• servitudes;
• sectional title information;
• levies;
• rates and taxes;
• development rules;
• homeowners' association rules;
• rental restrictions;
• security arrangements;
• defects or maintenance issues;
• property boundaries; and
• any other matter relevant to the property.

Nothing in these Terms removes any disclosure or other legal obligations imposed on 3@1 Properties or a property practitioner by applicable law.

7. Photographs, Videos and Visual Representations

Property photographs, videos, floor plans, maps, illustrations and other visual material are provided for general marketing and informational purposes.

Images may have been professionally photographed, digitally enhanced, edited or prepared for marketing purposes. Furniture, decorations, landscaping, lighting, views and other visual elements shown in photographs may not necessarily form part of the property being sold or rented.

Photographs and other visual material should therefore not be regarded as a complete representation of the property.

Prospective purchasers and tenants are encouraged to arrange a viewing and satisfy themselves as to the property's condition, features, dimensions and suitability.

8. Property Enquiries

Visitors may submit enquiries through forms, email, telephone, messaging services or other communication channels made available through the Website.

Submitting an enquiry does not create a contractual relationship between you and 3@1 Properties and does not constitute:

• an offer to purchase;
• an offer to rent;
• an acceptance of an offer;
• a reservation of a property;
• a guarantee that a property will remain available; or
• a guarantee that a transaction will proceed.

An enquiry simply allows 3@1 Properties or the relevant property practitioner to respond to your request.

You agree to provide accurate and reasonably complete information when submitting an enquiry.

9. Property Viewings

Property viewings are subject to availability and arrangements made with the relevant property practitioner, seller, landlord, tenant or other authorised person.

3@1 Properties may require reasonable notice before a viewing can take place.

You agree to behave responsibly and respectfully when attending a property viewing and to comply with reasonable instructions provided by the property practitioner or property owner.

Access to certain areas of a property may be restricted for safety, security, privacy or other legitimate reasons.

3@1 Properties reserves the right to refuse or postpone a viewing where reasonably necessary.

10. Property Transactions

The Website is primarily a marketing and information platform.

A property displayed on the Website does not become sold, purchased, leased or otherwise legally transferred merely because a person has submitted an enquiry, viewed the property or communicated an intention to purchase or rent it.

Any sale, purchase, lease, rental or other property transaction will be subject to the appropriate written agreement and applicable legal requirements.

Where applicable, transactions may also be subject to conditions such as:

• fulfilment of suspensive conditions;
• satisfactory financing;
• approval by a relevant party;
• legal and regulatory requirements;
• due diligence;
• required documentation; and
• other conditions contained in the relevant agreement.

The legally binding terms of a property transaction are determined by the applicable agreement and South African law, rather than by information appearing on the Website alone.

11. Professional and Financial Advice

Information provided through the Website is intended for general property-related information and marketing purposes.

Unless expressly stated otherwise, information provided by 3@1 Properties through the Website does not constitute:

• legal advice;
• financial advice;
• tax advice;
• investment advice;
• valuation advice;
• structural or engineering advice;
• building inspection advice; or
• any other specialised professional advice.

You should obtain independent advice from appropriately qualified professionals where necessary.

In particular, purchasers should obtain appropriate legal, financial, tax, structural, building, engineering or other professional advice before entering into a significant property transaction where such advice is appropriate.

12. Intellectual Property

Unless otherwise indicated, the content of the Website, including text, photographs, videos, graphics, logos, branding, layout, design and other material, is owned by or licensed to 3@1 Properties or its relevant content providers.

Such content is protected by applicable intellectual property laws.

You may access and view Website content for your personal, non-commercial purposes.

You may not, without our prior written permission:

• reproduce substantial portions of Website content;
• copy or republish property listings for commercial purposes;
• reproduce photographs or videos for use on another website or platform;
• modify or commercially exploit Website content;
• remove copyright, trademark or other proprietary notices;
• create a database or collection of our property listings; or
• use our branding, logos or other intellectual property in a manner that suggests an association or endorsement that does not exist.

Property photographs, videos, floor plans and other material supplied by third parties may be subject to the intellectual property rights of those third parties.

13. Social Media and Third-Party Platforms

3@1 Properties may use or link to third-party platforms and services, including property portals, social media platforms, mapping services, video platforms and other online services.

These third-party services operate independently from 3@1 Properties and may have their own terms and privacy policies.

Your use of a third-party website or platform is governed by that provider's terms and policies.

3@1 Properties is not responsible for the availability, functionality, security, content or policies of third-party websites or services.

14. External Links

The Website may contain links to external websites for information or convenience.

An external link does not necessarily constitute an endorsement, recommendation or approval of the linked website, its services, products or content.

3@1 Properties does not control third-party websites and is not responsible for their content, availability, accuracy, security or privacy practices.

You access external websites at your own risk and should review their applicable terms and policies.

15. Personal Information and Privacy

3@1 Properties respects the privacy of visitors and clients and processes personal information in accordance with applicable South African privacy legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA).

Information submitted through the Website may include your name, telephone number, email address, property requirements and other information necessary to respond to your enquiry or provide relevant services.

Personal information may be used for purposes including:

• responding to enquiries;
• arranging property viewings;
• providing requested property information;
• communicating about properties or services;
• facilitating property-related services;
• complying with legal and regulatory obligations; and
• other purposes permitted by applicable law.

Further information regarding the collection, use, storage and protection of personal information is contained in our Privacy Policy.

By using forms or other communication features on the Website, you acknowledge that your information will be processed in accordance with the applicable Privacy Policy and South African law.

16. Electronic Communications

When you communicate with 3@1 Properties electronically, including by email, online forms or other electronic communication channels, you consent to receiving electronic communications relevant to your enquiry or interaction with us, subject to applicable law.

Electronic communications may include enquiries, confirmations, property information, appointment details and other communications reasonably necessary to provide requested services.

Where marketing communications are sent, 3@1 Properties will comply with applicable legal requirements relating to unsolicited electronic communications and the right to opt out.

17. Website Security

We take reasonable steps to maintain the security and functionality of the Website.

However, no website or electronic communication system can be guaranteed to be completely secure.

You acknowledge that:

• internet transmissions may carry inherent risks;
• third-party infrastructure may be outside our control;
• technical failures may occur; and
• malicious software or other security threats may exist despite reasonable precautions.

You should take appropriate steps to protect your own devices, accounts and information when using the internet.

18. Website Availability and Accuracy

We endeavour to keep the Website available and its information reasonably current.

However, we do not guarantee that the Website will:

• always be available;
• operate without interruption;
• be free from errors;
• be completely accurate or current at all times;
• be compatible with every device or browser; or
• be free from viruses or other harmful components.

We may modify, suspend, withdraw or discontinue any part of the Website or its content at any time.

19. Disclaimer

To the extent permitted by applicable law, information on the Website is provided for general information and property marketing purposes.

3@1 Properties does not guarantee that every piece of information displayed on the Website is complete, accurate or current at the precise time you access it.

Property information may be updated, amended or removed without notice.

Nothing in these Terms is intended to exclude or limit any representation, warranty, duty or obligation that cannot lawfully be excluded or limited under South African law.

20. Limitation of Liability

To the extent permitted by applicable law, 3@1 Properties will not be liable for loss or damage arising directly or indirectly from:

• reliance on information that has become outdated or has subsequently changed;
• temporary Website unavailability;
• technical errors or interruptions;
• third-party websites or services;
• information supplied to us by third parties;
• unauthorised access or security incidents beyond our reasonable control;
• decisions made by a user based solely on information published on the Website; or
• events beyond our reasonable control.

This clause does not exclude or limit liability where such exclusion or limitation is prohibited by law, nor does it limit any consumer rights that cannot lawfully be excluded.

21. No Guarantee of Transaction Outcome

3@1 Properties cannot guarantee that:

• a property will sell within a particular period;
• a property will rent within a particular period;
• a particular asking price will be achieved;
• a purchaser will obtain finance;
• a prospective purchaser or tenant will be approved;
• a transaction will successfully proceed to registration or occupation; or
• a particular investment or property decision will produce a specific financial outcome.

Property transactions depend on numerous factors, including market conditions, buyer and seller decisions, financing, legal requirements, availability and other circumstances beyond our control.

22. User-Submitted Information

Where you submit information through the Website, you warrant that the information provided by you is, to the best of your knowledge, accurate and that you have the right to provide it.

You must not knowingly submit:

• fraudulent information;
• another person's personal information without appropriate authority;
• unlawful or defamatory material;
• malicious software;
• misleading property information; or
• material that infringes another person's rights.

3@1 Properties reserves the right to disregard or remove inappropriate submissions where reasonably necessary.

23. Prohibited Activities

You may not use the Website to:

• engage in unlawful activity;
• impersonate another person or entity;
• submit fraudulent enquiries;
• collect personal information about other users without permission;
• distribute spam or malicious communications;
• interfere with Website operations;
• attempt to circumvent Website security;
• use automated scraping tools without permission;
• reproduce property listings for competing commercial purposes;
• misappropriate photographs, videos or other intellectual property; or
• otherwise misuse the Website.

24. Indemnity

To the extent permitted by applicable law, you agree to indemnify 3@1 Properties against reasonable losses, claims, damages, liabilities and costs arising from your unlawful use of the Website, your breach of these Terms or your infringement of the rights of another person.

This indemnity does not apply to the extent that the relevant loss or liability was caused by the unlawful conduct, negligence or other legally actionable conduct of 3@1 Properties.

25. Complaints and Dispute Resolution

If you have a complaint or concern relating to the Website or services provided by 3@1 Properties, we encourage you to contact us first so that we have a reasonable opportunity to investigate and resolve the matter.

Where a complaint concerns the conduct of a property practitioner, the relevant complaint and dispute-resolution procedures applicable under South African property-practitioner legislation may also apply.

Nothing in these Terms prevents a consumer from exercising any statutory right or pursuing any remedy available under South African law.

26. Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any dispute relating to these Terms or the use of the Website will, subject to any mandatory dispute-resolution mechanism or consumer right provided by applicable law, be dealt with by a court or other competent forum having jurisdiction in South Africa.

Nothing in this clause prevents a consumer from approaching any regulatory authority, statutory body, tribunal or other forum where the consumer has a legal right to do so.

27. Changes to These Terms

3@1 Properties may amend these Terms from time to time to reflect changes to the Website, our services, applicable law or our business practices.

The updated version will be published on the Website and will indicate the date on which it was last updated.

Your continued use of the Website after amended Terms have been published constitutes acceptance of the amended Terms, to the extent permitted by law.

If you do not agree with the amended Terms, you should discontinue use of the Website.

28. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the extent necessary, without affecting the validity and enforceability of the remaining provisions.

29. No Waiver

If 3@1 Properties does not immediately enforce a provision of these Terms, this does not constitute a waiver of our right to enforce that provision at a later time.

30. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the terms governing your use of the Website.

Where you enter into a separate agreement with 3@1 Properties in relation to a property transaction or other service, the terms of that agreement will govern that particular transaction to the extent of any inconsistency.

31. Contact Information

If you have any questions regarding these Terms & Conditions, the Website or our services, please contact 3@1 Properties through the contact details provided on the Website.

3@1 Properties
Hartenbos / Mossel Bay
Western Cape
South Africa
Website: https://3at1properties.co.za/