Fairvest Property Holdings Limited - DISCLAIMER

DISCLAIMER


1. USE AND COPYRIGHT

1.1. Use of this website and any services, contents or applications contained or offered herein is at the sole risk of the user.

1.2. The information and content made available on this website is provided by Fairvest Property Holdings Ltd (“Fairvest”), and details information about Fairvest and its services. Fairvest makes no representations or warranties, implied or otherwise that, amongst other, the content available on this website is free from errors or omissions or that the service will be 100% uninterrupted and error free.

1.3. There is no warranty of any kind, express or implied, regarding the information supplied by Fairvest on this website or in respect of any aspect of the company’s services. Any warranty implied by law is hereby excluded, except to the extent to which such exclusion would be unlawful

1.4. Fairvest has taken, and will continue to take, due care and diligence that all information provided on this website is, to the best of its knowledge and understanding, true and correct. However, Fairvest shall not be liable for any damages, loss or liability of whatsoever nature arising from the use or inability to use this website, as well as from any information or content provided from and through this website.

1.5. Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from Fairvest in the Queries and Feedback section below. Any reproduction and/or copy of the content or portion thereof for commercial purposes must include the following copyright notice in its entirety: “©Fairvest Property Holdings Ltd. All rights reserved.”

1.6. All moral rights, and any other rights of Fairvest or other legal entity in respect of which content is contained on this site not expressly granted, are reserved.

1.7. All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publication, product, process, or idea described in this website may be the subject of rights, including other intellectual property rights, which are the property of or licensed to Fairvest, or another legal entity, and as such are protected from infringement under South African law, international treaties and conventions.

1.8. Any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights, save that you may use the materials or any component thereof for your own internal purposes and for the purposes of contacting any member of Fairvest.

1.9. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressly reserved and by accessing data on this website the user is not licensed, authorised or granted any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the content.

1.10. Third party websites are welcome to link to the information that is hosted on these pages. Please notify us when establishing a link by contacting us on the details listed on the webpage.

1.11. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Fairvest which approval may be withheld in sole discretion of Fairvest.

This web site is only intended to provide the user with information regarding Fairvest products offered and services rendered. Fairvest authorizes the user to view, copy, download to a local device, print and distribute the content of this website, or any part thereof, provided that:
a. Such content is used for reference informational and/or non-commercial purposes only, and
b. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.

2. DISCLAIMERS INDEMNITIES AND LIMITATION OF LIABILITY

2.1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject (s).

2.2. It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

2.3. This entire website, including text, images, links, downloads and coding, is provided “as is” and “as available”. Fairvest makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either. It is the sole responsibility of the user prior to entering into any agreement with Fairvest to make sure that it is satisfied that the service made available through the website will meet its individual purpose.

2.4. In no event shall Fairvest and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, data, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if Fairvest and/or any of its suppliers has been advised of the possibility of damages.

2.5. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Fairvest or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to obtain professional advice or consult Fairvest before taking any course of action related to information, ideas or opinions expressed on this site.

2.6. Even though Fairvest takes reasonable steps to ensure that this site is virus free, no warranty, whether express or implied, is given that any information downloaded from this site is virus free.

2.7. Users agree to indemnify and hold harmless Fairvest, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of or inability to use this website, third party websites or any of the services offered through such sites in any way, including but not limited to the provision of content.

2.8. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

3. RECEIPT AND SENDING OF DATA MESSAGES

3.1. Data messages, including e-mail messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to in writing.

3.2. If a user does not receive a response within a reasonable period of time, the user should follow it up with Fairvest. Fairvest shall not be liable for any failure to respond.

3.3. An agreement concluded between Fairvest and a user by means of data messages is deemed to be concluded at the time the acceptance of the offer exits Fairvest’s information system and is deemed to be concluded in Gauteng, South Africa.

3.4. Time, place, dispatch and receipt of data messages including the formation and validity of Agreements is subject to sections 22 to 26 of the Electronic Communications and Transactions Act apply.

4. SECURITY

4.1. Fairvest has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction.

4.2. All reasonable steps will be taken to secure a user’s information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of Fairvest or public bodies that may receive such information from Fairvest.

4.3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website and the user’s attention is drawn to the offenses and penalties in Chapter XIII of the Electronic Communications and Transactions Act.

4.4. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if Fairvest or any public body should suffer any damage or loss, civil damages will be claimed.

5. MONITORING AND INTERCEPTION OF DATA MESSAGES

5.1. In order to provide a relevant and secure service, and where required to do so under law, Fairvest may monitor and/or intercept electronic communications, such as e-mail, which are sent to this website.

5.2. TO THE FULL EXTENT NECESSARY UNDER LAW THE USER HEREBY ACKNOWLEDGES THAT HE OR SHE IS AWARE OF SUCH POTENTIAL MONITORING AND/OR INTERCEPTION AND CONSENTS THERETO.

6. CONFIDENTIALITY OF DATA MESSAGES

6.1. Fairvest does not wish to receive confidential or proprietary information from users through this website.

6.2. Please note that any information or material sent to Fairvest will be deemed NOT to be confidential.

6.3. By sending Fairvest any information or material, users grant Fairvest an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that Fairvest is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.

7. LINKS TO THIRD PARTY OR EXTERNAL SITES

7.1. Fairvest may provide links to other websites only as a convenience and the inclusion of any link does not imply the endorsement of such sites.

7.2. Linked websites or pages are not subject to the control of Fairvest.

7.3. When users select a link to a third party website, they are leaving the Fairvest site and are subject to the privacy and security policies of the owners/sponsors of the third party website and use or reliance on any external links is provided at the users own risk.

7.4. Fairvest does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.

7.5. Fairvest does not endorse the organizations sponsoring linked websites, and does not endorse the views they express or the products/services they offer.
7.6. Fairvest cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.

7.7. Fairvest is not responsible for transmissions users receive from linked websites.

7.8. Certain links in the web server lead to resources maintained by third parties over whom Fairvest has no control. Fairvest makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources and is not responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or resource or any links contained in a linked website or resource.

7.9. No hypertext links shall be created from any website controlled by the user or otherwise to this website without the express prior written permissions of Fairvest.

8. AUTOMATED SEARCHING

8.1. Automated transactions and searches are subject to these terms and conditions.

8.2. The use of malicious search technology is prohibited.

8.3. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

8.4. Search technology which does not unduly retard the operation of this website is acceptable but the website owner reserves the right to prohibit any specific entity from employing search technology on the website.

9. SEVERABILITY

9.1. These terms and conditions of use constitute the entire agreement between Fairvest and the user of the website. Any failure by Fairvest to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision.

9.2. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such terms (s) or condition (s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such enforceability or invalidity and shall remain enforceable and applicable.

10. APPLICABLE LAW

10.1. This website is owned, hosted and maintained within the Republic of South Africa.

10.2. When using this site and agreeing to these Terms and Conditions of Use such use and agreement is deemed to have taken place in Gauteng, South Africa.

10.3. This Website is controlled, operated and administered by Fairvest from its offices as set out below within the Republic of South Africa. Fairvest makes no representation that the content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African law. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The laws of the Republic of South Africa shall govern these Terms and Conditions of Use, and the User consents to the jurisdiction of the High Court of South Africa (South Gauteng High Court) in the event of any dispute.

11. VIOLATION AND WAIVER

11.1. Should the user violate these terms and conditions or any other of Fairvest’s rights, Fairvest reserves the right to pursue any and all legal and equitable remedies against the user. Should Fairvest fail to enforce any right or provision of these terms and conditions, the user agrees that this failure does not constitute a waiver of such right or provision, or of any other right or provision of these terms and conditions.

11.2. If a court should find that one or more right or provision set forth in these terms and conditions are invalid, the user agrees that the remainder of the terms and conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

12. INFORMATION NOT UPDATED OR TO BE RELIED ON

While Fairvest uses all reasonable efforts to include accurate and up-to date information on the website, Fairvest makes no warranties or representation with respect to the content of the website and Fairvest assumes no responsibility for updating the website or its content or notifying users of information that is inaccurate, incomplete, or out-of-date.

13. CHANGE AND AMENDMENTS
Fairvest expressly reserves the right to alter and/or amend any information set out in this website without notice.
Furthermore Fairvest may at any time revise or update these terms and conditions. The user is bound by such revisions and should therefore periodically visit this page.

14. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS TRANSACTIONS ACT

No information or data on this website constitute a solicitation, recommendation, endorsement or offer by Fairvest, but merely an invitation to do business.
No agreements shall be concluded merely by sending a data message to this website or its owners. Valid agreements require an acknowledgment and offer, or receipt from this website.

15. ELECTRONIC COMMUNICATIONS

By using this website or communicating with Fairvest by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirements that such communications should be in writing.

16. WEBSITE OWNER DETAILS

16.1. The full name and legal status of the website owner is:
Fairvest Property Holdings Ltd

16.2. The contact details are as follows:
Fairvest Property Holdings Limited (Registration number 1998/005011/06).
The website address of this website www.fairvest.co.za
Physical address: 1st Floor, East Wing, The Palms, 145 Sir Lowry Road, Cape Town