Website terms and conditions

These website terms and conditions ("Terms") govern your access to and use of the Erfdevco Farm Sales website ("Website").

By accessing, browsing, submitting an enquiry, submitting a property listing or otherwise using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.

These Terms should be read together with Erfdevco's Privacy Policy and any applicable mandate, listing agreement, Offer to Purchase, Deed of Sale, lease agreement, FICA documentation or other written agreement applicable to a particular transaction.

1.1 The Website is operated by Erfdevco Farm Sales ("Erfdevco", "we", "us" or "our"), a South African property-practitioner business.

1.2 Our business and property-practitioner details, including applicable registration and contact information, are set out in section 21 below.

1.3 Where required by applicable law, Erfdevco and/or the relevant property practitioner will provide the applicable disclosures, certificates, mandatory disclosure forms or other documentation required in connection with a property transaction.

1.4 Nothing on this Website replaces a formal written agreement, mandate, disclosure form, Offer to Purchase, Deed of Sale, lease agreement or other legally binding document.

2.1 These Terms apply to all users of the Website, including visitors, prospective purchasers, sellers, property owners, agents, tenants, landlords, service providers and persons submitting enquiries or property information.

2.2 We may amend these Terms from time to time by publishing an updated version on the Website. The updated Terms will apply from the date stated in the revised version, subject to applicable law.

2.3 Your continued use of the Website after updated Terms have been published constitutes acceptance of the revised Terms to the extent permitted by law.

2.4 These Terms must be read together with:

• our Privacy Policy
• applicable FICA requirements
• applicable property-practitioner legislation and regulations
• any applicable mandatory disclosure documentation
• any mandate or listing agreement
• any Offer to Purchase or Deed of Sale
• any other written agreement applicable to a specific transaction.

2.5 If there is a conflict between these Terms and a specific written agreement relating to a property transaction, the specific written agreement will govern that transaction to the extent applicable.

3.1 You may use the Website only for lawful purposes, including viewing properties, making genuine property enquiries, communicating with Erfdevco and submitting information or property listings where permitted.

3.2 You must not:

• use the Website for any unlawful purpose
• breach any applicable South African law or regulation
• provide false, fraudulent, misleading, incomplete or inaccurate information
• impersonate another person or entity
• attempt to obtain unauthorised access to the Website, servers, databases, accounts or related systems
• interfere with the security or operation of the Website
• introduce viruses, malware, spyware or other harmful code
• scrape, harvest, copy, reproduce or systematically collect Website data without our prior written consent
• use Website information to create a competing property database or service without our written consent
• use the Website to distribute spam or unsolicited commercial communications
• use another person's personal information without appropriate authority or lawful basis
• engage in any activity that could damage Erfdevco, its reputation, systems, property listings or users.

3.3 You confirm that you are at least 18 years old and have the legal capacity to enter into binding agreements under South African law.

4.1 The Website may contain property descriptions, photographs, videos, maps, prices, sizes, locations, zoning information, water information, agricultural information, development information, improvements, features and other property-related information.

4.2 Property information may be supplied by property owners, sellers, developers, agents, representatives or other third parties.

4.3 While Erfdevco takes reasonable steps to obtain and present accurate information, we do not warrant that every property listing or item of information is complete, accurate, current, error-free or suitable for a particular purpose.

4.4 Information relating to agricultural and rural properties may include information concerning:

• hectares
• soil types
• agricultural potential
• crops
• livestock
• grazing capacity
• water resources
• boreholes
• borehole yields
• dams
• rivers and streams
• irrigation
• water-use rights or licences
• buildings and improvements
• zoning
• subdivision potential
• development potential
• access
• income-producing activities
• other characteristics of the property.

Such information may require independent verification.

4.5 Prospective purchasers must conduct their own independent due diligence before entering into any transaction. Depending on the property, such due diligence may include verification of:

• title deeds and title restrictions
• cadastral information and boundaries
• municipal information
• zoning and land-use rights
• subdivision and development rights
• water rights and water-use licences
• borehole information and water yields
• environmental requirements
• servitudes
• access rights
• agricultural information
• soil and crop information
• structural condition
• building plans and approvals
• electrical and other compliance certificates
• existing leases or occupancies
• rates and municipal charges
• taxes and VAT implications
• existing improvements
• environmental or heritage restrictions
• any other matter relevant to the purchaser's intended use of the property.

4.6 Nothing on the Website constitutes legal, tax, financial, environmental, agricultural, engineering, valuation, planning, surveying, conveyancing or other professional advice. Users should obtain independent professional advice where appropriate.

5.1 Unless expressly stated otherwise, prices displayed on the Website are indicative only and may change without notice.

5.2 A displayed price may exclude VAT, transfer duty, conveyancing costs, registration costs, compliance costs, municipal charges or other transaction-related costs.

5.3 The applicable VAT or transfer-duty treatment will depend on the circumstances of the transaction and should be independently confirmed.

5.4 A Website listing does not constitute a formal offer to sell, nor does it create a binding obligation on Erfdevco, the seller or any prospective purchaser to conclude a transaction.

5.5 A property transaction becomes binding only when the applicable legally required written agreement has been properly concluded and signed by the relevant parties and any applicable suspensive or other conditions have been satisfied or waived as legally permitted.

5.6 Nothing in these Terms prevents a property practitioner from complying with any applicable statutory requirement concerning mandates, disclosures, advertising, offers, agreements or property transactions.

6.1 Where required by the Property Practitioners Act 22 of 2019 or other applicable legislation, Erfdevco will obtain and/or provide the applicable mandatory disclosure documentation.

6.2 A prospective purchaser should carefully review any mandatory disclosure documentation supplied in connection with a property.

6.3 A purchaser is entitled, subject to applicable law and the terms of the transaction, to undertake an independent inspection of the property and obtain appropriate professional reports before finalising a transaction.

6.4 The existence of a property listing, photograph, description, disclosure or statement on the Website does not remove the purchaser's responsibility to undertake appropriate due diligence.

7.1 Any person submitting a property for listing warrants that:

• they are the owner of the property or are duly authorised to act on behalf of the owner
• they have authority to provide the property information to Erfdevco
• the information supplied is, to the best of their knowledge, accurate and not intentionally misleading
• they have the necessary rights or permissions relating to photographs, videos, documents, plans, maps and other material supplied
• they will promptly notify Erfdevco of any material change to the property information
• they will provide documents and information reasonably required for legal, regulatory, FICA, compliance or transaction purposes.

7.2 Erfdevco may request proof of identity, ownership, authority, mandates, company or trust documentation, FICA documentation and other information before publishing or continuing to publish a listing.

7.3 Erfdevco may refuse, suspend, amend or remove a listing where:

• information appears inaccurate or misleading
• required documentation has not been provided
• FICA or other compliance requirements have not been satisfied
• the listing may breach applicable law
• Erfdevco does not have appropriate authority to market the property
• the property is no longer available
• Erfdevco reasonably considers removal appropriate for legal, regulatory, operational or reputational reasons.

8.1 Erfdevco may be required to collect and verify information and documentation in accordance with applicable requirements, including the Financial Intelligence Centre Act 38 of 2001 ("FICA") and applicable regulations.

8.2 Depending on the transaction, Erfdevco may request information or documentation relating to:

• identity
• residential or business address
• tax information
• ownership
• company or close corporation details
• trust documentation
• directors, members, trustees, beneficiaries or representatives
• source of funds or wealth where required
• authority to act
• sanctions or other screening requirements
• other information required for legal and regulatory compliance.

8.3 Failure to provide required information or documentation may result in Erfdevco being unable to accept, continue, market or facilitate a listing or transaction where the information is legally required.

8.4 Erfdevco may conduct appropriate verification and screening as required by applicable law and its compliance procedures.

9.1 Unless otherwise stated, the Website and its content, including text, graphics, logos, branding, design, layout, software, photographs, videos and other materials, are owned by or licensed to Erfdevco and are protected by applicable intellectual-property laws.

9.2 You may view and print Website content for personal, non-commercial purposes.

9.3 You may not reproduce, modify, distribute, publish, sell, commercially exploit or create derivative works from Website content without our prior written consent, except where permitted by law.

9.4 Property photographs, descriptions, videos, plans and other materials supplied by sellers or third parties may remain the property of the relevant owner or rights holder.

9.5 By submitting content to Erfdevco for marketing purposes, you grant Erfdevco a non-exclusive, royalty-free licence to use, reproduce, publish, display, adapt and promote that content for purposes connected with marketing the property and Erfdevco's property-practitioner services, subject to applicable law and any separate agreement.

10.1 You remain responsible for information and content that you submit to Erfdevco.

10.2 You must not submit content that:

• is unlawful
• is fraudulent or intentionally misleading
• infringes another person's intellectual-property rights
• infringes another person's privacy rights
• contains malicious software
• is defamatory or unlawful
• contains information that you do not have authority to disclose
• otherwise exposes Erfdevco to legal or regulatory risk.

10.3 Erfdevco may remove or refuse to publish submitted content where reasonably necessary.

11.1 Erfdevco processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"), applicable law and Erfdevco's Privacy Policy.

11.2 Personal information may be processed for purposes including:

• responding to enquiries
• providing property-practitioner services
• communicating with buyers, sellers, tenants, landlords and other relevant parties
• facilitating property transactions
• conducting FICA and other compliance checks
• verifying information
• maintaining business records
• preventing fraud or unlawful activity
• complying with legal and regulatory obligations
• other purposes described in our Privacy Policy.

11.3 Where consent is required by law, Erfdevco will obtain consent in the manner required by applicable law.

11.4 Marketing communications will be handled in accordance with applicable direct-marketing and data-protection requirements. Where applicable, recipients may opt out of marketing communications.

11.5 Our Privacy Policy provides further information regarding the collection, use, storage, sharing, retention and protection of personal information.

12.1 We aim to keep the Website available and operational, but we do not guarantee that the Website will always be available, uninterrupted, secure or free from errors.

12.2 The Website may occasionally be unavailable because of:

• maintenance
• hosting issues
• software or hardware failures
• telecommunications failures
• cyber incidents
• third-party service interruptions
• updates
• circumstances beyond our reasonable control
• other technical or operational reasons.

12.3 You must not attempt to circumvent Website security measures or gain unauthorised access to systems or information.

13.1 The Website may contain links or integrations to third-party websites and services, including financial institutions, conveyancers, mapping providers, advertising platforms, social-media platforms, service providers and other third parties.

13.2 Third-party websites and services are governed by their own terms and privacy policies.

13.3 Erfdevco does not guarantee the accuracy, availability, security or reliability of third-party websites or services and is not responsible for their content or conduct, except where liability cannot lawfully be excluded.

14.1 Erfdevco does not guarantee that:

• a property will sell
• a property will sell at a particular price
• a prospective purchaser will qualify for finance
• a transaction will be successfully concluded
• a transaction will be registered
• a third party will perform its contractual obligations
• information supplied by third parties will remain accurate or current.

14.2 Any transaction remains subject to the applicable written agreement and all applicable legal, regulatory, financial and other requirements.

15.1 Information concerning prices, financing, VAT, transfer duty, investment potential, agricultural potential, development potential, rental income, yields or other financial or commercial matters is provided for general information only unless expressly stated otherwise.

15.2 Erfdevco does not provide tax, legal, financial, investment, valuation, engineering, environmental, agricultural or other specialist advice through the Website.

15.3 Users should obtain independent advice from an appropriately qualified professional before relying on information relevant to a transaction or investment decision.

16.1 To the fullest extent permitted by South African law, Erfdevco will not be liable for losses arising from:

• reliance on inaccurate or incomplete third-party property information
• changes in property availability or pricing
• unsuccessful transactions
• failure by another party to perform its obligations
• third-party websites or services
• temporary Website unavailability
• technical failures beyond Erfdevco's reasonable control
• unauthorised use of information by third parties.

16.2 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under South African law.

16.3 Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence where such exclusion or limitation would be unlawful.

16.4 Where legally permitted, Erfdevco will not be liable for indirect, consequential, special, incidental or loss-of-profit damages arising from use of the Website or services.

16.5 Any limitation of liability contained in these Terms is subject to applicable consumer-protection legislation and any mandatory statutory rights.

16.6 Nothing in these Terms is intended to deprive a consumer of any right or remedy that cannot lawfully be excluded.

17.1 To the extent permitted by law, you agree to indemnify Erfdevco, its directors, employees, representatives, agents and service providers against claims, losses, damages, costs and reasonable legal expenses arising from:

• your breach of these Terms
• unlawful use of the Website
• fraudulent or misleading information submitted by you
• infringement of a third party's rights through content submitted by you
• your unauthorised use of Website content or systems.

17.2 This indemnity does not apply to the extent that the relevant loss was caused by Erfdevco's own unlawful conduct or where such indemnification is prohibited by applicable law.

18.1 If you have a complaint concerning the Website or Erfdevco's services, please contact Erfdevco using the contact details in section 21.

18.2 We will endeavour to investigate and address complaints within a reasonable period.

18.3 The parties should first attempt in good faith to resolve any dispute amicably.

18.4 Nothing in this section prevents a consumer from exercising any statutory right to approach a competent regulator, ombud, tribunal, court or other dispute-resolution body where applicable.

18.5 Subject to applicable law, disputes relating to these Terms or the Website will be subject to the laws of the Republic of South Africa.

18.6 Subject to applicable law, the competent courts of South Africa will have jurisdiction over disputes arising from these Terms.

18.7 Where legally permitted, Erfdevco and the other party consent to the jurisdiction of the Magistrates' Court, notwithstanding that the amount or value of the matter may exceed the ordinary monetary jurisdiction of that court.

19.1 Erfdevco will not be liable for delay or failure to perform an obligation where the delay or failure results from circumstances beyond its reasonable control.

19.2 Such circumstances may include natural disasters, severe weather, fire, power failures, telecommunications failures, cyber incidents, strikes, civil unrest, government action, changes in law, infrastructure failures or failures of third-party service providers.

20.1 If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary and the remaining provisions will continue in force.

20.2 No failure or delay by Erfdevco in enforcing any provision of these Terms will constitute a waiver of that provision.

20.3 These Terms, together with the Privacy Policy and any applicable written agreements, constitute the terms governing your use of the Website.

20.4 These Website Terms do not replace or override a separate written agreement relating to a specific property transaction.

20.5 No amendment to a specific property transaction is valid unless made in accordance with the applicable written agreement and applicable law.

20.6 You may not transfer your rights or obligations under these Terms without Erfdevco's prior written consent where such consent is legally required.

For questions, complaints, property enquiries or notices relating to these Terms, use these details.

• Erfdevco Farm Sales
• Company registration number: 2022/597497/07
• PPRA firm registration number: 202614025250000
• Physical address: 53 Steenbok, Kleinbaai, 7220
• Email: martiens@erfdevco.com
• Telephone: +27 82 900 5019
• Website: erfdevco.com
• Information Officer and privacy contact: erfdevco@gmail.com

By using the Website, you acknowledge that you have had an opportunity to read and understand these Terms and agree to be bound by them to the extent permitted by applicable South African law.