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Terms and Coditions

TERMS OF USE

Date of Last Revision: June 10, 2022

These Terms of Use (“Terms”) apply to your access to and use of the websites and other online services (collectively, the “Services”) provided by the TheTop Property Group (Pty) Limited (the “THE TOP PROPERTY GROUP”, “we” or “us”). By accessing and using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.

We may provide additional or different terms and conditions with respect to some of the Services (“Additional Terms”). If you use any Services with Additional Terms, the Additional Terms will apply to your use of such Services. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control to the extent of such conflict.

We may update these Terms from time to time. If we make any changes to these Terms, we will notify you by revising the “Last Revised” date at the top of these Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending you a notification). Unless otherwise indicated in our notice to you, any changes to these Terms will be effective immediately, and your continued use of the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree to any changes to these Terms, you must stop using the Services.

If you have any questions regarding these Terms or the Services, please contact us at enquiries@thetoppropertygroup.com

  1. Privacy Policy

For information about how we collect, use, and share information about you, please see our Privacy Policy.

  1. Mobile Communications

If you subscribe to receive updates or other information from us through our SMS text messaging program, you consent to receiving automated text messages from us via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information. For all questions about the services provided by this short code, you can send an email to enquiries@thetoppropertygroup.com

Note: Carriers are not liable for delayed or undelivered messages.

  1. Ownership and Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by THETOP PROPERTY GROUP or our licensors and are protected under both South Africa and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub licensable, revocable license to access and use our Services for your own personal, informational, and noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights and appropriate legal action may be taken by us.

  1. Trademarks

“TheTop Property Group (Pty) Limited”, “THETOP PROPERTY GROUP” and, our slogans, our products or service names, and the look and feel of the Services are trademarks of THETOP PROPERTY GROUP and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, and organization or company names or logos mentioned on or included in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  1. Feedback

You may willingly submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about THETOP PROPERTY GROUP or the Services (collectively, “Feedback” or “Suggestions”). You understand that we may use Feedback or Suggestions for any purpose, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Suggestion in our sole discretion. You understand that THETOP PROPERTY GROUP may treat Feedback or Suggestion as non-confidential thereof.

  1. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. THETOP PROPERTY GROUP does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content is at your own risk.

  1. Prohibited Content and Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:

  • engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • impersonate, submit, or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity or product;
  • sell, resell, or commercially use the Services;
  • copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
  • modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services without our prior written consent;
  • use the Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • reverse engineer any aspect of the Services or do anything that might discover source code or that might bypass or circumvent measures employed to prevent or limit access to any part of the Services;
  • use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
  • develop or use any applications that interact with the Services without our prior written consent;
  • send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • bypass or ignore instructions contained in our robots.txt file; or
  • use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms or the South Africa laws or international laws.

This Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

  1. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless THETOP PROPERTY GROUP and its officials, officers, directors, employees, interns, instore sales representatives and agents (individually and collectively, “THETOP PROPERTY GROUP”), from and against any claims, damages, costs, liabilities and expenses (including reasonable legal fees) (“Claims”) arising out of or related to (a) your access to and use of the Services; (b) your Feedback or Suggestion; (c) your violation of these Terms; (d) your conduct in connection with the Services; or (e) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property or privacy rights).

  1. Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING BY THETOP PROPERTY GROUP, THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, THETOP PROPERTY GROUP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WHILE THETOP PROPERTY GROUP ATTEMPTS TO MAKE YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, THETOP PROPERTY GROUP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THETOP PROPERTY GROUP OR ANY OTHER THETOP PROPERTY GROUP ASSOCIATES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF THETOP PROPERTY GROUP OR ANY OTHER THETOP PROPERTY GROUP ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THETOP PROPERTY GROUP AND THE OTHER THETOP PROPERTY GROUP ASSOCIATES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THETOP PROPERTY GROUP FOR ACCESS TO OR USE OF THE SERVICES.

THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THETOP PROPERTY GROUP OR ANY OTHER THETOP PROPERTY GROUP ASSOCIATES OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Transfer and Processing of Data

In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the Kenya and other countries, where you may not have the same rights and protections as you do under South Africa law or international law.

  1. Applicable Law and Venue

All issues, questions and disputes concerning the validity, interpretation, enforcement, performance and termination of this Terms shall be governed by and construed in accordance with the laws of the United Kingdom, and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (South Africa or international), that would cause the laws of any other jurisdiction to be applicable.

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

  1. Modification or Termination of the Services

We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time and without prior notice to you. We are not responsible for any loss or harm related to your inability to access or use the Services.

  1. Severability

If any provision or portion of a provision of these Terms is deemed to be unlawful, void or unenforceable, that provision or portion thereof is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous

Any failure by THETOP PROPERTY GROUP to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by THETOP PROPERTY GROUP. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

SUBMISSION TERMS

Date of Last Revision: June 10, 2022

 

  1. I agree that by submitting or providing by any means any photographs, videotape, audio tape, comments, statements, stories, information, designs, text or other content or materials (the “Submissions”) to the TheTop Property Group (Pty) Limited (“THETOP PROPERTY GROUP”), I hereby grant THETOP PROPERTY GROUP, and anyone authorized by THETOP PROPERTY GROUP, a perpetual, irrevocable, worldwide, sub licensable, royalty free right license to display, publish, reproduce, distribute, publicly perform, publicly display, adapt, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of THETOP PROPERTY GROUP, including without limitation any new THETOP PROPERTY GROUP services & products promotional programs, advertising or commercial use of any kind. This license may be sublicensed or assigned by THETOP PROPERTY GROUP in its sole discretion. I further give my permission to use my name, likeness, voice, story, comments and persona in connection with such Submissions. Except in connection with THETOP PROPERTY GROUP, I hereby agree that I will not use, or license any other third party to use, the Submissions for any other commercial purposes or social responsibility purposes, including without limitation use in any other THETOP PROPERTY GROUP services & products promotional programs or for any other related advertisement, communication or new services & products or service/products improvements.
  2. With respect to any photographs, videotape, audiotape, digital media or other media or materials taken, recorded or otherwise obtained by or on behalf of THETOP PROPERTY GROUP (collectively the “Photographs and Recordings”), I hereby grant to THETOP PROPERTY GROUP, and anyone authorized by THETOP PROPERTY GROUP, permission to: (a) photograph and record me, (b) edit and modify the Photographs and Recordings, and (c) use and distribute such Photographs and Recordings, in whole or in part, together with my name, likeness, voice, story, comments and persona, in any manner or media and for any purpose whatsoever at the sole discretion of THETOP PROPERTY GROUP, including without limitation any new THETOP PROPERTY GROUP promotions, advertising or commercial use of any kind. I understand and agree that THETOP PROPERTY GROUP will own all rights of any kind in the Photographs and Recordings, and that I will retain no rights therein.
  3. I represent and warrant that: (i) I am either 18 years of age or older or have obtained the signature of my parent or guardian below; (ii) I am the sole and exclusive owner of the copyright and all other rights in and to the Submissions or otherwise have the unconditional right to submit the Submissions to THETOP PROPERTY GROUP and grant the rights granted herein; (iii)  I have or have obtained all rights necessary to grant the rights and permissions set forth herein with respect to the Photographs and Recordings; (iii) no infringement or violation of any applicable law, rule or regulation or the rights of any third party, including without limitation any copyright, trademark, right of privacy or right of publicity, will result from any use of the Submissions, the Photographs and Recordings or my name, likeness, voice, story, comments or persona as captured therein; and (iv) I have a written permission from anyone appearing in any Submissions, and for minors from their parent or legal guardian, to post and submit such Submissions and for THETOP PROPERTY GROUP and its designees to use such Submissions and the name, voice and likeness of anyone as contained therein, as described in this Agreement.
  4. I further represent and warrant that in creating any Submissions, I was working on my own time, and not for any employer or third party, and that I did not use any equipment or materials owned by any corporation or other third party, and that no interest in the Submissions is owned or controlled by my employer or any other corporation or entity. With respect to creating any Submissions, I acknowledge that I was volunteering my time or resources to THETOP PROPERTY GROUP willingly and that any disposable materials used in the creation of the Submissions may constitute purchase payment processing or settlements to THETOP PROPERTY GROUP or services or products review updates.
  5. I agree to defend, indemnify and hold THETOP PROPERTY GROUP, and its officials, employees, directors, officers, contractors, professional advisors, assignees, distributors, agents, or other persons affiliated therewith, harmless from and against any and all liabilities, losses, claims, demands, costs and expenses (including reasonable legal’ fees) arising out of or in connection with the Submissions, the use of my name, likeness, voice, story, comments or persona as authorized herein, or the breach or alleged breach of any of the representations or warranties set forth herein.
  6. I hereby release and discharge THETOP PROPERTY GROUP, and its respective agents, distributors, officials, employees, interns, instore sales representatives and assigns, and anyone acting under their authorization, from any claims that use of the Submissions, the Photographs and Recordings, or my name, likeness, voice, story, comments and persona, as authorized herein, violates any of my rights, including without limitation any rights of publicity or privacy. I understand that I will not be entitled to any additional compensation for the permission and release granted herein or for any use of the Submissions, Photographs and Recordings or my name, likeness, voice, story, comments or persona.
  7. The grants and releases set forth in this Agreement are perpetual and irrevocable so that THETOP PROPERTY GROUP may proceed in reliance thereon, and I agree that I will not be entitled to any injunctive relief that would prevent or interfere with the use, display, distribution or other exploitation of the Submissions or the Photographs and Recordings. I further understand that THETOP PROPERTY GROUP shall have no obligation to make any use of the Submissions or the Photographs and Recordings and that all rights granted herein are fully sub licensable and assignable. I hereby attest that I have read, and agree, to the above statement.
  8. No modifications or amendments to these Content Submission Terms shall be binding unless reduced to writing and signed by me and THETOP PROPERTY GROUP.  The Content Submission Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa or international, and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (South Africa or foreign or international), that would cause the laws of any other jurisdiction to be applicable.

YOUR CHOICES

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject browser cookies, such removal or rejection could affect the availability and functionality of the Services.

Promotional Communications

You may “opt out” of receiving promotional communications (such as text messages, email updates, and newsletters) from THETOP PROPERTY GROUP by following the instructions in those communications. Please note that we may still send you other types of non-promotional communications, such as those about your use of the Services or any of your product purchases, transactions, or activities related to the Services.

QUESTIONS?

If you have any questions about this Privacy Policy, please contact us at enquiries@thetoppropertygroup.com

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