Last updated: June 30, 2021

By subscribing to the Dealscreen Programme, You become entitled to the licensed use of Our programme, for personal use or for business use within entities that You control and/or are responsible for, and in the normal manner in which the programme has been created by Us.

This gives rise to the Terms of Use stipulated below. Note that these Terms of Use, together with the provisions of the Privacy Policy and Refund, Cancellation, and Subscription Policy, form part of the end user software license agreement (“License”) and these (individual and collective) policies shall govern Your use of the Dealscreen programme.

1. License Grant

This Programme is licensed, and is not sold, to You by Us for use strictly in accordance with the terms and conditions of this License and any usage rules or terms of use established by any other third parties or vendors, that we are subject to directly. We grant You a revocable, non-exclusive, non-transferable, limited right to use the Programme on the devices owned and controlled by You, and to access and use the Programme on such devices strictly in accordance with the terms and conditions of this License.

2. Restrictions on Use

You shall use the Programme strictly in accordance with the terms of this License and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Programme; (ii) make any modifications, adaptations, improvements, enhancements, translations or derivative work from This Programme; (iii) violate any applicable laws, rules or regulations in connection with Your access or use of the Programme; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Us or Our affiliates, partners, suppliers or the licensors of the Programme; (v) use the Programme for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (vi) use the Programme for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Us; (vii) use the Programme to send automated queries to any website or to send any unsolicited commercial e-mail; or (viii) use any proprietary information, interfaces or intellectual property obtained from Us in the design, development, manufacture, licensing or distribution of any Programmes, accessories or devices for use with the Programme.

3. Intellectual Property Rights
   • Rights to the Programme

You acknowledge and agree that the Programme and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our property. Furthermore, You acknowledge and agree that the source and object code of the Programme and the format, directories, queries, algorithms, structure, and organization of the Programme are the intellectual property and proprietary and confidential information owned by Us and Our affiliates, licensors, and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Programme by implication, estoppel or other legal theory, and all rights in and to the Programme not expressly granted in this License are hereby reserved and retained by Us.

• Third Party Software

The Programme may utilize or include third party software that is subject to open source or third-party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third-Party Software as part of the Programme is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third-party licenses, the terms of the open source or third-party license shall control with regard to Your use of the relevant Third-Party Software. In no event shall Our Programme or components thereof be deemed to be “open source” or “publicly available” software.

• Our Marks

You are not authorized to use Our trademarks in any private or public advertising, publicity or in any other commercial manner without Our prior written consent, which may be withheld for any or no reason whatsoever.

• Infringement Acknowledgment

In terms of these conditions, You and We acknowledge and agree that, in the event of a third-party claim that the Programme or Your possession or use of the Programme infringes any third party’s intellectual property rights, You, and not Us, will be responsible for the investigation, defence, settlements and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Us in writing of any such claims.

• Restriction on Transfer

You may not rent, lease, lend, sublicense, or transfer Our Programme, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. It shall also constitute a violation of the License agreement, by You, in parts or as a whole.

4. Use of Information
   • Consent to Use Information

You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners, and agents, of any information and data related to or derived from Your use of the Programme, and any information or data that You provide to Us and Our affiliates, partners, and licensors (“Information”). Notwithstanding this, You reserve the right to cancel Your subscription with Us at any time, which will prevent Us from any further use of collection of Your data, through the normal mechanisms already described in Our Privacy Policy.

• Privacy Policy

You represent that You shall comply with the terms and conditions of Our Privacy Policy, which set forth and describe Our practices with respect to the collection, use and disclosure of Information in connection with Your use of the Programme. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. We will post any changes to Our Privacy Policy on the Privacy Policy page. Your use of the Programme following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

5. Third Party Content and Services
   • Disclaimer

You acknowledge that We do not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites available through the Programme). Furthermore, Your access to and use of the Third-Party Content and Services is at Your sole discretion and risk and We and Our affiliates, partners, suppliers, and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty, or guarantee regarding the Third-Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.

• Third Party Terms of Service

You acknowledge and agree that Your access to and use of the Third-Party Content and Services and any correspondence of business dealings between You and any third party located using the Programme are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that We and Our affiliates, partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third-Party Content and Services; (ii) any copyright, trademark, patent or other intellectual property right in the Third-Party Content or Services or any products, services, processes, or technology described or offered therein.

• Third-Party Endorsements

You acknowledge and agree that the provision of access to any Third-Party Content and Services shall not constitute or imply any endorsement by Us or Our affiliates of such Third-Party Content and Services. We reserve the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Programme, although We have no obligation to restrict or deny access even if requested by You.

• Inappropriate Materials

You understand that by accessing and using the Third-Party Content and Services, You may encounter information, materials, and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use Third Party Content and Services at Your sole risk and that We and Our affiliates, partners, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

6. Disclaimer of Warranties
   • General Disclaimer

You acknowledge and agree that the Programme is provided on an “as is” and “as available” basis, and that Your use of or reliance upon the Programme and any Third-Party Content and Services accessed thereby is at Your sole risk and discretion. We and Our affiliates, partners, suppliers, and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Programme and Third-Party Content and Services, whether express, implied, or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, We and Our affiliate, partners, suppliers and licensors make no warranty that (i) the Programme or Third Party Content and Services will meet Your requirements; (ii) the Programme or Third Party Content and Services will be uninterrupted, accurate, reliable, timely, secure or error-free, including any calculations performed by the Programme (although We may, but are not required to, notify affected users via in-programme messages and/or email of outages, as well as when service is restored); (iii) the quality of any products, services, information or other material accessed or obtained by You through the Programme will be as represented or meet Your expectations; or (iv) any errors in the Programme or Third Party Content and Services will be corrected. No advice or information, whether oral or written, obtained by You from Us or from the Programme shall create any representation, warranty, or guarantee. Furthermore, You acknowledge that We have no obligation to correct any errors or otherwise support or maintain the Programme, outside of what is reasonable and acceptable business practise. We do not intend to provide any legal, financial or investment advice. The Programme may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability/inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the Programme. Accordingly, there can be no assurance that such indicated results will be realized. The Programme also provides information based upon the input of data by the user and the Programme does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user provided information is accurate or that the indicated results based upon user input will be realized. We urge you to consult with the Company in person, following the use of the programme, to double check any errors or omissions made by yourself as the User, in Your inputs, or by virtue of errors or nuances which pose a limitation on the automated nature of our Programme.

• Reports Disclaimer

You acknowledge and agree that all property reports created or displayed by the Programme shall be subject to the following disclaimer whether the disclaimer is attached to the report or missing or removed from the report as a part of the white label report service provided through the Programme:

“Reports are provided solely for general business information purposes. No advisory, fiduciary or other relationship is created by any acceptance or use of Reports. The inclusion of Reports with any other materials does not constitute an endorsement by Dealscreen of any third party or any third party’s products or services. The projected valuation, financial and investment return information, conclusions, and other information contained in Reports are based upon tested methodologies for accuracy. However, such information and conclusions are not definitive forecasts, appraisals, or opinions of valuations. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to Dealscreen, and such information and conclusions are not guaranteed by Dealscreen and should not be construed as a certified appraisal or valuation, or investment advice. Dealscreen uses or has used public and/or confidential data and assumptions provided to Dealscreen by third parties, and Dealscreen has not independently verified the data and assumptions used in these analyses or data sets. Attributes for properties may be inaccurate because county assessor and property data does not always include recent additions and/or modifications to property structures. Changes in the underlying data or operating assumptions, or any loss of access to any one or more sources will clearly impact the analyses, information and conclusions set forth in Reports.”

7. Limitation of Liability

Under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Your access or use or inability to access or use the Programme and any Third Party Content and Services, including, without limitation, damages incurred by relying upon the Programme when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to You (whether under contract, tort, statute or otherwise) shall not exceed the amount of one hundred rand (R100.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.

8. Indemnification

You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Programme or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or wilful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

9. Compatibility

We do not warrant that the Programme will be compatible or interoperable with Your device or any other piece of hardware, software, equipment, or device installed on or used in connection with Your device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your device to diminish or fail completely, and may result in permanent damage to Your device, loss of the data located on Your device, and corruption of the software and files located on Your device. You acknowledge and agree that We and Our affiliates, partners, suppliers, and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

10. Product Claims

You acknowledge that You (not Us) are responsible for addressing any third-party claims relating to Your use or possession of the Programme and agree to notify Us of any third-party claims relating to the Programme of which You become aware. Furthermore, You hereby release Us from any liability resulting from Your use or possession of the Programme, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Programme fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

By subscribing to or using Our programme, You agree to be bound by the terms and conditions contained herein. If You do not agree to the terms of the License (in part or as a whole), please unsubscribe from packages and/or cease Your use of the programme through the browser.

7. Term and Termination

This License shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Us. Upon the termination of this License, You shall cease all use of the Programme and uninstall it from Your device, if applicable.