Terms of use

Introduction

Your use of the Leadhome Website and the Dashboard is governed by these Terms of Use.

This document (referred to as our ‘Terms of Use’) gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Dashboard. We encourage you to print off a copy of this document and refer to it as you use our Systems and Services.

If it is necessary to change the Terms of Use or add or remove any part at any time we will post such changes on www.leadhome.co.za. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Systems and Services.

If any future changes are unacceptable to you, you should discontinue using the systems and services. Your continued use of the systems and services now or following the posting of any such changes will indicate your acceptance of these terms and of any such changes.

What do words and phrases mean in these terms?

‘Account’ means your Account that we operate and you control within the Dashboard. For the avoidance of doubt, this includes the area where you view and manage the process of a sale, purchase, let and/or rent (including all marketing services).

‘Complimentary’ means free of charge without financial consideration.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Dashboard, whether through the Website and/or Dashboard or uploaded manually.

‘Dashboard’ means the Complimentary software provided to customers in accordance with these Terms of Use.

‘Leadhome’ means Leadhome Proprietary Limited (registered in South Africa with number 2013/146338/07)

‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Dashboard.

‘Products & Services’ means all and each of the products and/or services offered from time to time by Leadhome within the Website and Dashboard.

‘Systems’ means the Website and access to the Dashboard.

‘Terms’ means these Terms of Use and Privacy Policy as amended from time to time.

‘User’ means you or anyone who uses the Systems

‘Website’ means www.leadhome.co.za and www.leadhome.com, including all systems, Software and processes hosted therein.

Acceptable use terms

There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.

Leadhome has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Leadhome password or identifying information, violate these Terms, Leadhome may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Leadhome deems necessary or appropriate. Leadhome are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.

BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST LEADHOME, AND TO HOLD LEADHOME HARMLESS AND INDEMNIFY LEADHOME WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY LEADHOME AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE LEADHOME OR RECOVER ANY DAMAGES WHATSOEVER FROM LEADHOME AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LEADHOME’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Disclaimer of Warranties; Liability Limitations

You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no case shall Leadhome, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems.

Notices

Leadhome may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Leadhome Account or by sending a letter via postal mail to the contact address listed in your Leadhome Account.

Legal principles

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and Leadhome.

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Leadhome failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.

The personal information which you give to Leadhome when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in Leadhome records in the Republic of South Africa. If you do not consent to this transfer, do not accept these terms and conditions.

Special Provisions

Leadhome does not guarantee or warrant that any photos, photobooks, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, Leadhome will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you provide, generate, or upload to Leadhome. Leadhome is not and will not be responsible for what is contained in any such Content.

Leadhome reserves the right to refuse to process any order or upload submitted by you containing Content that Leadhome, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material Leadhome believes may cause any liability for it under any applicable law or regulation, or which may cause Leadhome to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, Leadhome reserves the right to refuse to process orders or uploads containing Content which, in Leadhome sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography.

By submitting Content to Leadhome, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You hereby grant Leadhome a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.

No ownership

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Leadhome password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.

Our Privacy Policy

You understand that by using the Systems, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Systems, and any features therein, to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems. For more information please read our full Privacy Policy.

Registration

In order to take advantage of the Dashboard you will need to register on www.leadhome.co.za.

You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. By registering with Leadhome you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Dashboard.

You should keep all your Account information, user names and passwords secret and do not disclose the details to anyone. Please refer to the Terms of Use for further information, terms and conditions.

Access to the Dashboard

Once you have registered with Leadhome you will be given access to the Dashboard. You will then be able to use the Dashboard subject to these Terms of Use, the Privacy Policy and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.

Booking a free valuation

A free valuation from an Area Property Expert is available with all of our Products and Services.

Your agreement

You agree that you will NOT use the Systems to:

  • upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • stalk, harass, threaten or harm another;
  • pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a Leadhome employee, or otherwise misrepresent your affiliation with a person or entity (Leadhome reserves the right to reject or block any Leadhome ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
  • engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
  • interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
  • plan or engage in any illegal activity; and/or
  • gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.

You further agree:

  • not to reveal your Account information to anyone;
  • that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Leadhome of any security breach;
  • that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
  • that provided we have exercised reasonable skill and due care, Leadhome shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
  • Leadhome will never ask you to reveal your account password either verbally or in writing;
  • to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
  • that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).

Removal of content

You acknowledge that Leadhome is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Leadhome reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

Further, Leadhome reserves the right to access your account (which may involve taking complete control) to ensure the orderly and reasonable conduct in accordance with these terms, the Privacy Policy and (if applicable) Service Agreement. This may include withdrawal of properties that have been sold or let by another agent or the withdrawal of offers to sell or let a property.

Access to your Account and Content

Leadhome reserves the right to take steps Leadhome believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Leadhome may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Leadhome believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Leadhome, its Users, a third party, or the public as required or permitted by law.

As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as Leadhome deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.

For the avoidance of doubt, Leadhome reserves the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.

Using your information

A prospective Purchaser or Tenant is someone wishing to view a property, to provide feedback, to make an offer to purchase/let or who agrees a sale/let. Leadhome will need to disclose the name, address and contact details of the prospective Purchaser or Tenant to the Seller or Landlord (and vice versa) in advance of a viewing or any subsequent viewing taking place at the Seller’s or Landlord’s property. By participating in any of the above processes or services, you agree for your information to be disclosed.

Legal advisor

Leadhome will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so.

Estate Agent and Bond Originators

Leadhome will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to any Estate Agent and/or Bond Originator involved in the transaction. By agreeing to these Terms you agree to allow us to do so.

Information and data

Any information and or data provided by you to Leadhome and used by Leadhome directly or indirectly in the performance of the Terms shall remain at all times the property of you.

Leadhome shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.

All personal data acquired by Leadhome from you shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of you, other than in circumstances detailed in this Agreement.

Legals

Copyright notice

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact Leadhome at enquiries@leadhome.co.za. Leadhome may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

Violations of this agreement

If while using the Systems, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to info@leadhome.co.za.

License from you

Leadhome does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant Leadhome a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.

Changes to content

You understand that in order to provide the Systems and make your Content available thereon, Leadhome may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Leadhome to take any such actions.

Trademark information

Leadhome, the Leadhome logo and other Leadhome trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Leadhome, including the intellectual property rights of the Leadhome brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

Leadhome proprietary rights

You acknowledge and agree that Leadhome and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.

License from Leadhome

Leadhome grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Leadhome as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Links and other third party materials

Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because Leadhome may have no control over such third party sites, services and/or materials, you acknowledge and agree that Leadhome is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that Leadhome shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.

PRIVACY POLICY

Introduction

We are committed to protecting your privacy. This Policy explains how and for what purposes we use the information collected about you via www.leadhome.co.za and www.leadhome.com (“the Website”) and the Dashboard.

Please read this Policy carefully. By using the Website and the Dashboard and any services we offer, you are agreeing to be bound by this Policy in respect of the information collected about you.

If you have any queries or comments about the policy, our use of your personal information or wish to unsubscribe from messages from us, please get in touch by writing to the ‘Privacy Manager’ at info@leadhome.co.za.

In general, we use the information we collect about you to:

  • provide, supply, transmit and upload any of the products, services, facilities and capabilities displayed or referred to on the Website or on the Dashboard;
  • pass your messages on to Sellers, Buyers, Tenants, Landlords, Local or people using the Website or Dashboard within the confines of their requests and use of the Dashboard;
  • provide information services to relevant third parties;
  • improve the features, products and services we offer;
  • support our own marketing and promotion effort;
  • keep you informed with information relevant to your interests.

Personal information collected

Leadhome is committed to business practices in compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”). By registering as a member of Leadhome, you agree that we may process your personal information in terms of this clause as may be amended from time to time, or such further privacy policies that may be published on the Website, in compliance with POPI.

When you visit, register or use the services on the Website or Dashboard, you may be asked to provide certain personal information as defined in POPI, and includes, but is not limited to, your full name, surname, email address, identity number, contact details, financial history, and information about your property or personal circumstances as a Seller, Purchaser, Landlord, Tenant, Licensee or anyone interested in a property or the products & services offered by us. We may also collect information about how you use the Website or Dashboard including your searches, the properties and pages you look at, the advertisers or partners you contact, the contents of the emails you send to them, as well as from third party sources. We will collect information on your use of the Dashboard, what you input, upload, store, transmit, email and communicate. Finally, we may also collect information from any correspondence that you have with us as well as your IP (internet protocol) address and cookies which may uniquely identify your browser or account. This will help us with verification and identity. Collectively, we refer to this as “Your Information”.

All of the areas on the Website or Dashboard where you might enter personal information assume your agreement and consent (or otherwise) to our use of your Information. We always use the most recently submitted information or form to reflect your current consent status. If you are a registered user, but not signed in when you submit a form, we won’t be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time.

How we use your information

Your Information will enable us to provide you with access to all parts of the Website and Dashboard (in accordance with the Terms of Use and Service Agreement) and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.

We may use your Information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or Dashboard or any of our products and services. Where you have consented, we may also use your Information to contact you with details about any other products or services we, or our partners or advertisers offer that may be of interest to you. Where you have consented to being contacted by third parties, we may make your Information available to them. If you change your mind about being contacted in the future, please write to us at the address above.

When you contact us, we may keep a record of your communication to help resolve any issues that you might be facing.

The following features, by their nature, require and make use of personally identifiable information.

Registration

When you register on the Website or Dashboard you may be required to provide personal information such as your name, address, telephone number, email address and a password. You can change and update this information at any time by logging into the Dashboard once registration has been completed.

Log in

When you log into the Dashboard you will be required to enter a user name and password. We will store this information on the system. Please keep your user name and password safe and do not disclose it to anyone. We will also store any data added in respect of your social media accounts.

Instructing us

When you take advantage of any of our products and services (instructing us) you will be asked for additional information about you and your property and will be uploading or reviewing information for marketing purposes. Your address will be disclosed on marketing materials such as digital property particulars that will also contain reference to the characteristics of your property provided or approve by you as well as on our Website and on marketing materials and property portals.

Photographs

Leadhome uploads photographs to the System and may result in the identity of your address. Photographs taken by Leadhome or its appointed third party Contractor remains the property of Leadhome. Leadhome will have no obligation to furnish you with the photographs.

Arranging viewings and making offers

When a prospective Purchaser or Tenant wishes to view a property they will choose a convenient time and date from the live interactive diary and they will then be provided with a confirmation of the viewing together with the full name and address (unless we are conducting the viewings on your behalf) of the Seller or Landlord. Should the person who has viewed wish to make an offer they can do so through the Dashboard. The Seller or Landlord will be provided with the name of the person who has made the offer together with details of their position as a Purchaser or Tenant (not on market, on market, sold, cash, bond position etc).

In the event that an offer is made we will require further information such as the name and contact details of your Conveyancer as well as bond information (if applicable).

Feedback

We will ask everyone whom views a property to answer up to five questions about their experience and conclusions on the property they have viewed. This information will be provided to the Seller or Landlord and recorded in the Dashboard for both the Seller or Landlord and the person who viewed the property.

Saving properties

You will be able to save properties (once registered) that you find on the Website or Dashboard. We may use the information of what you have found and have clicked into to include in the ‘what others buyers/tenants viewed’ area of the Website and Dashboard. We may anonymously aggregate these details to indicate how many users have saved a particular property, but we will not make available to third parties any personal data relating to a person who searches.

Messages, emails and alerts

When you send a message, email or an alert or receive one from us; a Seller, Purchaser, Landlord, Tenant or third party as a result of your use of the Website or Dashboard, details will be recorded on our system and can be viewed in the Dashboard. Personal information will only be disclosed to the sender or receiver of the message, email or alert as is required and none to you for the purpose of sending or receiving the message, email or alert.

Diary

If you are selling or letting a property and we are not looking after your viewings you will be required to enter your availability for viewings into the Dashboard. This will then be made available to anyone looking to view so that they can book a viewing on the live interactive diary 24 hours a day. Once they have chosen a time and date the viewing will be confirmed and they will be provided with the information referred to above (viewings).

Disinstruct your current estate agent

Within the Website you can choose to use a facility to give notice to your current estate agent. This facility enables you via our system to generate a letter to your existing estate agent giving them notice to terminate the agency agreement that you have with them. You will enter the name of the Estate Agent, their address and email address and a letter will be automatically generated that you can send to your existing estate agent. We will not use this information provided for any other purpose.

Who has access to the information you provide or we collect?

We retain access to all personal information that we have collected from you. Where any of our products and services is available via the site or the software of our partners, those partners may have access to your Information. All partners are bound by contract to maintain the security of your personal information and to use it only as permitted by us. Notwithstanding, we are not responsible for the privacy policies and practices of any other sites, even if you access them using links from the Website or Dashboard. We therefore recommend that you check the policy of each site that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.

If our business enters into a joint venture with or is sold to or merged with another business entity, your Information may be disclosed to our new business partners or owners.

If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your Information to them in order to deliver the service. By using the Website and Dashboard you consent to us providing your Information to the third parties licensed by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your Information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your data to anyone who is not subject to these or similar provisions in our contract with them and we will not allow the third party to use your Information commercially without your consent.

We will not otherwise disclose, sell or distribute your Information to any third party without your permission unless we are required to do so by law.

Access to, changing or removing the information we hold

Registered users of the Website can update their information or change settings in the Dashboard once logged in. To de-activate an account, please email enquiries@leadhome.co.za

Users of the Website or Dashboard can request we provide them with a copy of the personally identifiable information we hold via enquiries@leadhome.co.za. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date although you can do this yourself from within the Dashboard. We may charge a small administration fee to cover the data search, preparation and delivery.

Cookies and tracking

Like many sites and software, we use ‘cookies’ to enable us to personalise your visits, simplify the signing-in procedure, keep track of your preferences and to track the usage of the Website or Dashboard. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent sites using cookies (your browser’s help screen or manual will tell you how to do this), but please note that this may reduce the functionality of the Website or Dashboard and other Sites.

Like all sites, our servers automatically record ‘log files’ containing information about the volume and characteristics of the Website and Dashboard traffic e.g. IP address, numbers of pages viewed, length of time spent on site etc. We use log files to build pictures of how the Website and the Dashboard is used that help us to monitor and improve our service. We cannot identify you from your log files.

We use Google AdWords remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have not yet completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookie to serve ads based on someone’s past visits to the our website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

Security, storage and transfer of information

We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission (unless they are providing services as outlined above and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties we will require them to have in place similar measures to protect your Information.

All of the information we collect or record is restricted to our offices. Only employees and Licensee’s who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time from within the Dashboard.

We will retain your information for a reasonable period or for as long as is required by law.

We process personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

Changes to the Policy

We may change this Policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this Policy will be posted on the Website.

The information contained in the Website and Dashboard is subject to change without notice.

SERVICE AGREEMENT

Introduction

This document (referred to as our ‘Service Agreement’) gives you information about the terms upon which we agree to offer and provide you with our Products and Services.

We encourage you to print off a copy of this document and refer to it as you use our Products and Services.

If it is necessary to change the Services Agreement or add or remove any part at any time, we will post such changes on the Website. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Products and Services.

What do words and phrases mean in these terms?

‘Account’ means your Account that we operate and you control within the Dashboard. For the avoidance of doubt, this includes the area where you view and manage the process of a sale, purchase, let and/or rent (including all marketing services).

‘Advert’ means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floor plans.

‘Claim’ means a claim in writing by the Customer to Leadhome addressed to the Chief Executive Officer, 284 Oak Avenue, Ferndale, Randburg, South Africa, 2194 making a request for a Refund and confirming that they have complied in full with these terms and conditions entitling them to make a claim.

‘Completion’ means the formal legal completion of the sale of your property.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Dashboard, whether through the Website and/or Dashboard or uploaded manually.

‘Extra’ or ‘Extras’ means any of the Extras contained within the Dashboard and available for you to advertise as part of your marketing.

‘Instruct’ means taking advantage of the Products and Services having paid the Advertised Rates.

‘Interruption’ means any form of interruption to the ability of Leadhome to provide or operate the Dashboard, the Systems or Products and Services.

‘APE Valuation’ means the price that your Area Property Expert advised you to market your property for as documented in your Valuation Report.

‘On the Market’ means advertised on www.leadhome.co.za, www.property24.co.za, www.privateproperty.co.za, and any other marketing platform as specified by Leadhome.

‘Dashboard’ means the Systems provided to you in accordance with this this agreement to manage the Products and Services.

‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Dashboard.

‘Products and Services’ means all and each of the products and/or services offered from time to time by Leadhome within the Website and Dashboard.

‘Property’ means the property you instructed Leadhome to market.

‘Systems’ means the Website and Complimentary or subscribed access to the Dashboard.

‘Terms of Use’ means the terms and conditions for using the Website and Dashboard and published from time to time on the Website.

‘Website’ means www.leadhome.co.za and www.leadhome.com, including all systems, Software and processes hosted therein.

Instructing Leadhome

Full details of the Products and Services and what is included and the price of each is detailed on the Website.

All owners of the Property

When you Instruct Leadhome you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services.

Viewings

Subject to Interruption we will arrange and record viewings. You will be notified immediately a viewing is booked. We will provide you with the name of the person(s) who wish to view together with the date and time.

If Leadhome are conducting the viewings on your behalf, you will still be notified of the above information.

If you take advantage of the viewings service offered by Leadhome, we will conduct all of your viewings for a fixed price as advertised from time to time. Under these circumstances, it is still your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition and that the Area Property Expert has access to the property at the date and time of the viewing.

In the event we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a marketing review call to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect Leadhome to continue to accompany viewings taking into account the number of viewings and the feedback received.

Keys

If you take advantage of the viewings service offered by Leadhome you shall supply Leadhome with two sets of keys for all lockable doors, cupboards and areas that form part of the property. We shall store these in a safe and secure locked cabinet.

Empty properties

If your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. Leadhome shall not be responsible for doing so.

Recording your viewing availability

Subject to Interruption, if you have chosen to conduct your own viewings you will provide details of when you are available. This will enable people who want to view, to choose a date and time to suit them. You will be notified when a viewing is booked.

Feedback

We will request feedback from every person who has viewed or was due to view your property. The feedback will be made available as soon as it has been provided.

Offers

Subject to Interruption we will report offers to you immediately as they are made. The nature, extent, position of the potential purchaser or tenant and desire to proceed, will be requested and provided to you as the offer is made.

We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale or let to proceed.

You will get a choice whether to accept the offer, reject the offer, reject and negotiate or, you can opt for Leadhome to negotiate everything on your behalf (where you are selling your property or using our lettings services). You will get to choose one of these options each time you receive an offer.

WE WILL ALWAYS ACT ON YOUR BEHALF AND NEGOTIATE THE BEST POSSIBLE OFFER FOR YOUR PROPERTY, WITHOUT ANY CONFLICT OF INTEREST.

Sales

We will provide you as far as reasonably practicable with advice and assistance once a sale is agreed.

Lets

All of these terms apply equally to lettings as they do to sales.

Provision of personal information

For the effective use of the Products and Services we will be providing certain people with personal information such as your name, address, contact details, viewing availability, agreed sale price and position to proceed. Please read the Terms of Use and our Privacy Policy for more information, terms, and conditions. It is your responsibility to provide accurate up to date personal information through the Dashboard.

Third party companies

We will introduce to you, the buyer / tenant or any prospective buyer / tenant (where we deem appropriate and / or necessary) third party services (“the services”) such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that the services being provided are in the best interests of you, the buyer / tenant or prospective buyer / tenant and further that the third party companies are capable and required to, provide an exceptional service.

We may receive commission for introducing you but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third party company that we may accept a payment or commission as a result of that introduction.

Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by Leadhome. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.

Availability of the Products

Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, Leadhome does not guarantee, represent or warrant that your access to any of the Products will be uninterrupted or error-free.

We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee that the Dashboard, Products and Services, the Systems or the Website will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as Leadhome reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.

Please read the Terms of Use for further information.

COMPLAINTS PROCEDURE

Leadhome holds our customers at the heart of everything we do. We endeavour to provide support you at every step of your journey with us. If, however, you feel that we have fallen short of your expectations, we will do whatever we can to resolve your issues and promise to be transparent in all dealings with you during this process.

Leadhome will act in accordance with the Complaints Procedure should you feel that you have cause for complaint about our service. Should you feel unhappy with the service you have received, please contact us on complaints@leadhome.co.za

  1. When a complaint is received from you about the service offered by a Area Property Expert (“the APE”), the APE will be given the opportunity to resolve the matter informally with you.

The APE will contact you to discuss the complaint informally within a period of 24 hours of being made aware by you of any dissatisfaction. Should the APE be unavailable, contact will be made instead by a Manager within the same area of the business. All complaints, whether informal or formal, are also notified to the Chief Executive Officer as a matter of course and allocated a complaint reference number.

  1. In the event that you remain dissatisfied with this informal resolution, the APE will refer your case to the Regional Director for your area. The Regional Director will contact you within two working days and will endeavour to resolve your complaint during a telephone call if possible. If you remain dissatisfied, they will ask you to provide a formal written complaint so that every point can be investigated and responded to thoroughly.
  2. Within two working days of receipt of any written complaint the Regional Director will write to you acknowledging receipt and confirming that they are investigating the complaint.
  3. Should the Regional Director be on leave or otherwise unavailable, an alternative senior manager will be designated the responsible person to deal with your complaint in their absence.
  4. Upon receipt of any written complaint and following acknowledgement the Regional Director will undertake an investigation of the issues raised. This investigation will include interviews with the persons involved in the case and checking of all relevant details. The investigation will also consider the activity history recorded on the Dashboard. Once a full investigation is complete, a full, honest and open written response will be sent to you within ten working days.
  5. There may be exceptional circumstances where the Regional Director is unable to respond within this timescale. In such circumstances, they will write to you and explain the reason why they cannot reply during that time and will provide you with an anticipated timescale as to when you are likely to receive a written response to your complaint.
  6. Should you disagree with our response and wish to escalate (appeal) your complaint, you should notify Leadhome of this in writing within 28 days of the date of our written response. Your complaint and investigation will be reviewed by Leadhome’s Chief Executive Officer.
  7. Upon receipt of your appeal, you will be contacted by the Chief Executive Officer within five working days acknowledging receipt and confirming that she is reviewing your complaint.
  8. The Chief Executive Officer will review all documentation and correspondence relevant to your complaint and will respond with a final decision in writing within ten working days of the receipt of your appeal.
  9. In the event that you are dissatisfied with the conclusions reached after investigation at the first and second stage of escalation, you will be provided with details of how to contact the Estate Agency Affairs Board who will be able to independently review your complaint and our decision.
  10. Estate Agency Affairs Board’s decision will be treated as final.

Please note

If your formal complaint is in relation to one of our partner companies, due to the regulatory environment in which they may operate, the complaint must be dealt with by their internal complaints team.

Your complaint will be subject to their specific complaint timescales, more details of which will be available from the partner company.

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