1. WEBSITE TERMS AND CONDITIONS OF USE
1.1. This document sets out the terms and conditions ("Terms") of Loom Property Insights (Pty) Ltd with registration number: 2020/780782/07 and registered address at The Wedge Office Park, 43 Garsfontein Road, Pretoria, Gauteng, 0181, ("Service Provider") pertaining to the access and use of the information, products, services and functions provided on www.loom.co.za ("Website").
1.2. The Service Provider
1.3. Should any person that accesses the Website you ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.4. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.5. The Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by The Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.6. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.7. If there is anything in these Terms that you do not understand, then please contact us as soon as possible - see clause 19 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
2.1. Should any of the terms as contained in this document conflict with any other written agreement that you may have concluded by way of handwritten signature or digital signatures as provided for in the Electronic Communications and Transactions Act 25 of 2002, then those terms, to the extent where there is a conflict, as contained in the signed agreement shall prevail.
3.1. The Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
3.2. The Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
3.3. The Service Provider may use the services of third parties to provide information on the Website. The Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that the Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
3.4. The Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
4.1. The Service Provider does not accept any responsibility for lost, stolen, wrongfully used personal identification numbers (PIN codes) and/or digital identity that may be used to identify you on the Website. It is your responsibility to ensure that you maintain all personal information confidential and protected. You will be responsible for any activity on the Website when your PIN and/or digital identity is used with or without your knowledge.
4.2. You are not permitted to allow any third party to utilise your PIN code and/or digital identity. Only you are authorised to use the pin code and/or digital identity that has been issued to you. The moment a third party utilises your PIN code or/or digital identity you are prohibited from using the compromised PIN code and/or digital identity any further, you are advised to request a new PIN code and/or digital identity from the Service Provider.
4.3. You agree to immediately notify the Service Provider of any compromise, or suspected compromises, of any PIN codes and/or digital identity, as the case may be, and you indemnify us against any loss, damage, or injury arising from your failure to comply with this provision.
5.1. The Service Provider may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and the Service Provider does not endorse, nor does the inclusion of any link imply the Service Provider's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
5.2. While the Service Provider tries to provide links only to reputable websites or online partners, The Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Service Provider. the Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
5.3. You agree that the Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
6.1. The Service Provider grants you access to and the use of the Website on a non-exclusive subscription basis.
6.2. The Service Provider will structure subscription packages that offers you a predetermined determined number of reports that you can access on the Website during that particular month. The number of reports will solely depend on the subscription package that you selected.
6.3. You access and use the Website at your own risk.
6.4. If you view any reports on the Website, those reports may be subject to such further terms and conditions as specified in the report being accessed.
6.5. The Service Provider reserves the right to discontinue and/or restrict your access to certain products and services on the Website without prior written notice to you should you be in contravention of any of the terms as contained in this document.
6.6. Holding companies, subsidiary companies, affiliated companies and/or entities, partners, joint venture partners etc. are prohibited from accessing and/or utilising the products and services on the Website as they are required to subscribe to the Website at its/their own costs.
7.1. Your access to the Website shall continue on a month-to-month basis until terminated on written notice in accordance with clause 10.
8.1. In order to utilise the services as provide by the Service Provider you shall be required to pay over the applicable subscription package fee. You will select the applicable payment method as provided by PayGate (Pty) Ltd, the payment infrastructure solution implemented by the Service Provider.
8.2. The Service Provider shall not be obliged to refund a user's fee for any reason whatsoever.
8.3. All amounts due to the Service Provider shall be inclusive of Value Added Tax (“VAT”).
8.4. Should you fail to make proper and timeous payment of any amounts due and payable in terms of the Service Provider’s Terms and Conditions as contained in this document, then without prejudice the Service Provider together with the rights and remedies available to it, is entitled to suspend your access to and use of the Website until such time as you have made full payment of any outstanding amounts due to the Service Provider.
8.5. Should PayGate (Pty) Ltd not be able to process debit orders for two consecutive months or for three times or more in any 6 month period, then the Service Provider shall be entitled to terminate your subscription and recover from you all administrative charges incurred by the Service Provider in this regard as well as any outstanding balances owed to the Service Provider.
8.6. All outstanding amounts that are due, owing and payable by you to the Service Provider which has not been paid on the due date thereof, will bear interest at the Prime interest rate as stipulated by the Service Providers financial institution from time to time until the full outstanding amount has been settled.
8.7. The Service Provider shall be entitled to review its fees levied in respect of all its Products and Services annually. The Service Provider shall notify the applicable fee increases to you. Should you not accept the annual fee increase, you must notify the Service Provider immediately whereafter the Service Provider shall terminate your access and use of the Website in accordance with clause 10.
8.8. Should your access to, and use of, the Website be discontinued, disconnected, cancelled, suspended, and/or restricted in any way, by no fault of the Service Provider, then the Service Provider shall be entitled to at its discretion to charge a reconnection fee in order for you to regain access to and use of the Website. This shall be communicated to you.
9.1. Payment options accepted
9.2. Credit card acquiring and security
9.3. Customer details separate from card details
9.4. Merchant Outlet country and transaction currency
14.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
10.1. You may terminate your access to the Website on no less than 30 (thirty) days’ written notice to the Service Provider.
10.2. In the event that you elect to terminate your access to the Website and thereafter wish to reinstate your position you will be liable to pay a reconnection fee as provide for in clause 8.8.
10.3. The Service Provider may terminate your access to the Website on not less than 30 (thirty) days’ written notice to you.
11.1. The user hereby agrees that it shall not itself, nor through a third party:
12.1. For purposes of this clause 12, capitalised terms shall have the meanings given to them in the Protection of Personal Information Act, 2013 (as amended) ("POPIA"), unless the context clearly indicates otherwise.
12.3. Each Party shall Process Personal Information insofar as it relates to the products and services on the Website in accordance with the provisions of the POPIA. If and to the extent that the Service Provider is acting as a Responsible Party in respect of the Personal Information and the Personal Information is then provided to you, you are acting as a Responsible Party in respect of that Personal Information in your own right and you:
12.4. Where you Process any Personal Information of a data subject, you shall, in accordance with and in compliance with, the POPIA, receive, conduct and complete any objection received from a Data Subject in accordance with the provisions of the POPIA (and you expressly acknowledge and agree that you are not entitled to simply direct the Data Subject to the Service Provider).
12.5. The Service Provider may suspend your access to any product and service as a result of your breach of this clause 12 and/or the POPIA, until such time as you have remedied your breach.
13.1. In order to ensure the security and reliable operation of the services to all the Service Provider's users, the Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
13.2. You may not utilise the Website in any manner which may compromise the security of the Service Provider's networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Service Provider suffer any damage or loss, civil damages shall be claimed by the Service Provider against the user.
13.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Service Provider and its affiliates, agents and/or partners.
14.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
14.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, the Service Provider and as such are protected from infringement by local and international legislation and treaties.
14.3. By submitting reviews, comments and/or any other content (other than your personal information) to the Service Provider for posting on the Website, you automatically grant the Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
14.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
14.5. Except with the Service Provider's express written permission, no proprietary material from this Website may be copied or retransmitted.
14.6. Irrespective of the existence of copyright, the user acknowledges that the Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
14.7. The Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
15.1. The user's use of this website and the information contained on the website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
15.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the Service Provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The Service Provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
15.3. To the extent permissible by law:
16.2. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
16.3. Your use of our services signifies your consent to us collecting and using your personal information as specified below.
16.4. How we collect information about you:
16.5. How we use your information:
16.6. How long do we keep your information for?
16.7. Disclosing your information to third parties:
16.9. How can you refuse or opt out of cookies?
16.10. How can you manage your privacy preferences?
17.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by the Service Provider. You shall notify the Service Provider should you discover any loss or unauthorised disclosure of the information.
17.2. Any information or material sent to the Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and the Service Provider.
18.1. Should you commit a material breach of any of the provisions of these Terms, your access to and use of the Website shall be suspended until you remedy such breach within the time frames notified to you by the Service Provider.
18.2. Should you fail to remedy such breach within the time frames notified to you by the Service Provider, or should your breach be incapable of remedy, the Service Provider may terminate your access and use of the Terms and Conditions with immediate effect on written notice to you in addition to any other rights that it may have pursuant to these Terms and Conditions and any other applicable law.
18.3. The remedies set out in this clause 18 are not exhaustive of the remedies the Service Provider may have under or in consequence of these Terms.
19.1. In compliance with section 43(1) of the ECT Act, the following is noted:
19.2. You may view a full record of your transactions, as well as update or change information related to your account(s) by accessing your account page with your username and password.
20.1. You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
21.1. Except as explicitly stated otherwise, any notices shall be given by email to email@example.com or to the e-mail address you have provided to the Service Provider (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to the Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
22.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
22.2. This Website is controlled, operated and administered by the Service Provider from its offices within the Republic of South Africa. The Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
22.3. The Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
22.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
22.5. The Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
22.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Service Provider.
22.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
22.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
22.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
22.10. These Terms set forth the entire understanding and agreement between the Service Provider and you with respect to the subject matter hereof.