Terms of use – Realty club

By utilizing this website and/or app, you agree to the below Terms and Conditions (TC’s apply).

1. INTRODUCTION

The contents of this page set out terms and conditions under which you may use the website and app:
- realtyclub.co.za(the ““);
- Realty Club App (the “App”).
This website is owned and run by Realty Club (Pty) Ltd, registration number 2024/536274/07, hereinafter referred to “RC”.
RC is a club for property investment in South Africa, which offers a full spectrum of property services.

2. CONTACT US

Telephone Number: +27 84 495 4795
Physical address: Gauteng, South Africa;
Our email address: admin@realtyclub.co.za;

3. COOKIES

To make your experience visiting the website as simple and convenient as possible we use “cookies“. The website uses first-party cookies and second-party cookies and other similar technologies for measurement, data analysis, targeted advertising and potential personalisation of the website.
“Cookies” are small text files containing small amounts of information which are downloaded to your device when you visit a website. “Cookies” are sent back to the originating website on each subsequent visit, or to another that recognises that cookie. “Cookies” are useful as they allow us to recognise your device. “Cookies” thus recognise repeat users, facilitate on-going access to and use of a website and allow a to track usage behaviour and compile aggregate data that will allow the operator to improve the functionality of website the and content. “Cookies” can thus be used to enhance your interactive experience and generally improve the website.
If you do not want your information to be collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature and which notify you when you are sent a “cookie”, giving you the chance to decide whether or not to accept it. You can read more about cookies at allaboutcookies.org. If you do not accept the use of “cookies” or fail to deny the use of “cookies”, you consent to RC’s use of any of your information collected by RC using “cookies”. Such use shall be limited to use for marketing, compiling statistics and to provide you with better access to RC.
User behaviour on the website is tracked using Google Analytics “Universal Analytics” tracking solution which anonymises and aggregates data about your behaviour on RC. In addition, the website uses Google Analytics Demographics and Interest Reporting. RC will not facilitate the merging of your personal information with non-personally identifiable information collected through Google advertising products or features unless you are notified thereof and consent (or opt-in) thereto.

4. PRIVACY AND PERSONAL INFORMATION PROTECTION

Personal information is crucial to the running of RC’s business and is one of its most valuable business tools. RC respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing your personal information to prevent unauthorised access to such information.
You agree that we may collect, store and use your personal information about you in accordance with our Privacy Policy.

5. REGISTRATION OBLIGATIONS

You are required to register and agree to:

Provide true, accurate, current and complete information when signing the registration form;
Promptly update the Registration Data to keep it true, accurate, current and complete.
If the you provide any information that is untrue, inaccurate, not current or incomplete on the registration form or RC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RC has the right to suspend or terminate your account

6. YOUR CONDUCT AS A MEMBER OF RC

You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RC, is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
RC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RC be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use RC’s services to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;

impersonate any person or entity, including, but not limited to, a RC official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of you and RC with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you and RC do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,””spam,””chain letters,””pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other securities exchange and any regulations in law;

stalk or otherwise harass another; or
collect or store personal data about other users.

7. INTERNATIONAL USE

You agree to comply with all applicable South African laws and regulations regarding online conduct and content.
This includes compliance with laws governing the transmission of data exported from your country of residence.

8. PAYMENTS

Subscription Terms:
1. Subscription plans include an initial charge and recurring payments as agreed upon.
2. By subscribing, you accept responsibility for all recurring charges until cancellation.
Price

The subscription fee is R600 per month, as per a 12 month subscription or R650 per month on a 6 month subscription (including VAT).

Payment Methods:
1. Payments are processed through third-party providers. RC does not store payment information.
2. You must ensure your payment information is up-to-date. Non-payment may result in suspension or termination of Services and/or legal action.

9. INDEMNITY

You agree to indemnify and hold harmless RC, its affiliates, officers, and employees against claims arising from:
1. Content you submit or transmit;
2. Your use of the Service;

Any violation of these Terms.

The Service is provided “AS IS,” with no warranties of any kind, including:
1. Uninterrupted, error-free operation;
2. Accuracy or reliability of results;

Quality of products or services obtained through the Service.

10. NO RESALE OR COPYING OF SERVICE

You agree not to reproduce, duplicate, copy, sell, or exploit any part of RC’s intellectual property or Services for commercial purposes.

11. CHANGES AND AMENDMENTS TO THE TERMS AND CONDITIONS

1. RC reserves the right to change the information displayed on the including these Terms and Conditions at any time without notice to you.
2. It is your responsibility to visit the periodically to review the Terms and Conditions to which you are bound.
3. The new terms will be effective immediately when they are posted on the and, by continuing to access or use the, you will be deemed to have accepted the new terms.

12. TERMINATION

RC reserves the right, at its sole discretion, to terminate your account, password, or access to its website or services for any reason.
Such termination may occur without prior notice and may include deactivation or deletion of your account and all associated files, data, and information.
You acknowledge and agree that RC shall not be liable to you or any third party for any termination of your access to the services.

13. DEALINGS WITH ADVERTISERS

1. Any interaction, correspondence, or business relationship you establish with advertisers or third parties through RC’s services is solely between you and the advertiser.
2. RC assumes no responsibility or liability for any loss, damages, or disputes arising from such interactions, including payment, delivery of goods or services, or any associated terms and conditions.

14. LINKS

1. The website or app may contain links to external websites or resources provided by third parties.
2. RC does not have control over these external resources and is not responsible for their availability, content, advertisements, products, or services.
3. RC shall not be held liable for any damage or loss caused by the use of or reliance on such third-party content, goods, or services.

15. LIMITATION OF LIABILITY

RC is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, or data, arising from:
1. The use or inability to use the service;
2. Costs incurred from procuring substitute goods or services;

Unauthorised access to or alteration of your data or transmissions;

Actions or statements by third parties using the service;
Relationships or agreements established through the service;
Any other matter related to the service.

16. DISCLAIMER FOR FINANCIAL AND LEGAL MATTERS

Users are advised to seek independent financial and legal counsel before relying on any information provided through the service.
The service is intended for informational purposes only and should not be relied upon for trading, investing, or other financial decisions.
RC and its affiliates do not guarantee the accuracy, reliability, or availability of information provided through the service and are not liable for decisions made based on such information.

17. NOTICES

Notices from RC may be sent via email, fax, or regular mail.
RC may also provide notices regarding updates or changes by posting them on its website or app.

18. INTERRUPTIONS AND OMISSIONS

While RC endeavours to provide a stable and high-quality service, users acknowledge that interruptions, omissions, and errors may occur due to the nature of the internet.
RC does not guarantee uninterrupted service and disclaims any ongoing responsibility for operational continuity.

19. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

RC does not claim ownership of Content you to RC submits or you makes available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RC the following world-wide, royalty free and non-exclusive license(s), as applicable:
1. With respect to Content, you submit or make available for inclusion on publicly accessible areas of RC’s message boards and RC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific RC message board or RC Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RC removes such Content from the Service.
2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than RC message boards or RC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as You of the RC elects to continue to include such Content on the Service and will terminate at the time you remove or RC removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RC Message Boards or RC Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the RC’s network of properties that are intended by RC to be available to the general public. By way of example, publicly accessible areas of the Service would include RC Message Boards and portions of RC Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of RC message boards and RC Groups that are limited to members, RC services intended for private communication, or areas off of the RC’s network of properties such as portions of World Wide Web sites that are accessible through the RC but are not hosted or served by the RC.

20. DISCLAIMER

RC provides its services and content on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
RC does not guarantee the accuracy, completeness, or reliability of content, including text, graphics, advertisements, or other materials available through its website or app.
RC is not responsible for harmful elements such as viruses or malicious code that may be present on the website, app, or related resources.
RC shall not be liable for any inaccuracies, except in cases of gross negligence or wilful misconduct.

21. INVALIDITY

If any provision within these Terms and Conditions is deemed invalid or unenforceable, the remainder of the Terms and Conditions will remain valid and enforceable.

22. GENERAL PROVISIONS

These Terms and Conditions are governed by the laws of the Republic of South Africa.
If a dispute arises between you and RC, you consent to the jurisdiction of the Roodepoort Magistrate Court (notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court).
For purposes of this Agreement, the following rules of construction and interpretation shall apply, unless otherwise provided and/or the context otherwise requires:
1. Any word or expression defined in, and for the purposes of, this Agreement shall if expressed in the singular include the plural and vice versa, and a cognate word or expression shall have a corresponding meaning;
2. A reference to any one gender, whether masculine, feminine or neuter, includes the other two and any natural person includes a juristic person or vice versa;

Any word and expression defined in any clause shall, unless the application of the word or expression is specifically limited to the clause in question, bear the meaning ascribed to the word or expression throughout this Agreement;

If any provision in a definition is a substantive provision conferring a right or imposing an obligation on any Party then, notwithstanding that it is only in a definition, effect shall be given to that provision as if it were a substantive provision in the body of this Agreement;
Any reference in this Agreement to this Agreement or any other agreement, document or instrument shall be construed as a reference to this Agreement or that other agreement, document or instrument as validly amended, varied, novated or substituted from time to time, provided such as been agreed to by both Parties in writing;
Words and expressions defined in any law which is referred to in this Agreement and which are not defined in this Agreement shall, in the context of and/or in relation to that law, have the same meaning in this Agreement as those ascribed to them in that law;

References to an enactment, i.e. a statutory provision, including any subordinate legislation, shall be construed as a reference to that enactment, as at the Signature Date, and as amended from time to time, which applies to this Agreement or any transaction entered into in accordance with this Agreement;
The use of the word “including” or “includes” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example(s);

The contra proferentum rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
If any period is referred to in this Agreement by way of a reference to a number of days or weeks or months or other intervals, the period shall be reckoned exclusively of the first day and inclusively of the last day of the relevant interval; provided that if the last day falls on a day which is not a business day, then the last day will be the next succeeding business day;
Any reference to days (other than a reference to business days), months or years shall be a reference to calendar days, months or years, as the case may be, a reference to a “business day” will mean a calendar day which is not a Saturday, Sunday or a public holiday in the Republic of South Africa as Gazetted from time to time, and a business day shall be construed as being the hours between 08:30 and 17:00 on any business day, based upon South African Standard Time (SAST);

Words or expressions having a meaning which is similar to any word or expression which is defined in this Agreement shall have the same meaning as the word or expression which is so defined.