Sell Your Property

Terms & Conditions

At Hardie Property® we believe in keeping our clients informed every step of the way, and our website is no different. By continuing to use this website you agree to the below Terms and Conditions.

1. INTRODUCTION

1.1 This page states the terms and conditions under which you may use the website, www.hardieproperty.com (the "Website").

1.2 Hardie Property is predominantly a real estate group offering a full spectrum of property services.

2. CONTACT US

2.1 The Website is controlled by Hardie Property. Should you have any queries or comments about the Website or our Privacy Policy you may contact us at:

3. TERMS OF USE

3.1 These Terms and Conditions are binding and enforceable against all individuals and/or entities (referred to as "you", "your" or "user") that access or use the Website, or any part thereof.

3.2 By using the Website you will be regarded as having read these Terms and Conditions and agree to be bound by them. If you do not agree to these Terms and Conditions, you must not use the Website.

4. CHANGES AND AMENDMENTS TO THESE TERMS AND CONDITIONS

4.1 Hardie Property reserves the right to change the information displayed on the Website, including these Terms and Conditions, at any time without notice to you.

4.2 It is your responsibility to visit the Website periodically to review the Terms and Conditions to which you are bound.

4.3 The new terms will be effective immediately when they are posted on the Website and, by continuing to access or use the Website, you will be deemed to have accepted the new terms.

5. COPYRIGHT AND INTELLECTUAL PROPERTY

5.1 The Website (and all related pages), including but not limited to pictures, photographs of properties, any content, software, text, graphics, trade names, logos, trade-marks, designs and service marks or any other material contained in or electronically distributed on the Website (collectively the "Website Content") are protected by law, including but not limited to copyright and trade mark law.

5.2 The Website, including the Website Content and Hardie Property Trademarks, is the exclusive property of Hardie Property.

5.3 You understand that any reproduction of the Website Content and/or Hardie Property Trademarks by you or any third party in any manner whatsoever is strictly prohibited.

5.4 You will not / may not:

  • acquire any right, title or interest in or to the Website, Website Content or Hardie Property Trademarks;
  • make a permanent copy of or reproduce this Website and/or the Website Content in any form whatsoever;
  • reproduce or incorporate this Website into any other website; and
  • frame this Website without the express written consent of Hardie Property.

5.5 You may only print, display or download temporary copies of the Website Content to your computer for your own personal non-commercial use.

5.6 Any use, distribution or reproduction of the Website Content or Hardie Property Trademarks is prohibited unless you are expressly authorised to do so by Hardie Property in writing. To obtain permission for commercial use of any Website Content and/or Hardie Property Trademarks you must contact us at info@hardieproperty.com prior to such use.

5.7 Where any of the Website Content has been licensed to Hardie Property or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party may impose on you from time to time, and you agree to comply with such terms. You acknowledge that it is your responsibility to familiarise yourself with such third party terms and conditions.

6. LINKS TO THIRD PARTY WEBSITES

6.1 This Website may from time to time contain hyperlinks or reference to third party websites, news, advertisements or reviews (collectively "third party links") independently published and over which Hardie Property has no control. These Terms and Conditions do not apply to such third party links.

6.2 The presence of any third party link on the Website is for your convenience only. Any such link does not mean that Hardie Property endorses it or has any association with the proprietor of such third party links.

6.3 Your use of such third party links is entirely at your own risk and we assume no responsibility for any loss, expense, claim or damage whatsoever, whether direct, indirect or consequential, arising from your use of such third party links or your reliance on any information contained thereon.

7. INTERRUPTIONS AND OMISSIONS

7.1 Whilst we take every care to ensure the standard of the Website remains high and to maintain its continuity, you acknowledge that the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate this Website (or any particular part of it).

7.2 You agree that Hardie Property will not be liable to you in any manner whatsoever in the event that it chooses to suspend, modify or terminate the Website.

8. CURRENCY CONVERTER

8.1 All currencies on the Website will be displayed in South African Rand, notwithstanding the original currency in which captured.

9. DISCLAIMER

9.1 Whilst reasonable care is taken to ensure that the information contained on the Website is accurate, we cannot guarantee its accuracy.

9.2 All erf and building size values displayed on the Website are approximate, and Hardie Property makes no representation nor gives any warranty that they are accurate and/or up to date.

9.3 Hardie Property provides the Website on an "as is" and "as available" basis and makes no representations or warranties of any kind (express or implied) with respect to the Website or the Website Content, and disclaims all representations and warranties.

9.4 We make no representation nor give any warranty (express or implied) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses or other harmful mechanisms of the Website Content.

9.5 We make no representation nor give any warranty that the Website Content will be accurate, up to date, uninterrupted or error free.

9.6 Hardie Property cannot be held liable for any inaccurate information or content published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Hardie Property.

9.7 Hardie Property shall not be liable for any direct, indirect, incidental, special or consequential loss or damages arising from your use of, or reliance upon, the Website and/or the Website Content, your inability to use them, or any unlawful activity on the Website and/or third party links.

9.8 You hereby indemnify Hardie Property against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website, Website Content and/or any third party links.

9.9 Nothing on the Website shall be regarded as financial, investment or property advice. The information on the Website may not be relied upon in connection with any financial, investment or property decision you may make.

9.10 Please report any possible Website malfunctions or errors by email to info@hardieproperty.com.

10. INDEMNITY

10.1 You acknowledge that you are solely responsible for the use to which you put the Website and all the results and information you obtain from it, and that all warranties, conditions, undertakings, representations and terms, whether express or implied, statutory or otherwise, are hereby excluded by Hardie Property to the fullest extent permitted by law.

10.2 Save in respect of liability for death or personal injury arising out of our gross negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim, to the fullest extent permitted by law, all liability for any loss or damage, including any consequential or indirect loss or damage, incurred by you, whether arising in delict, contract or otherwise, arising out of or in connection with your access to or use of, or inability to use, the Website.

11. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

11.1 Personal information is crucial to the running of Hardie Property's business and is one of its most valuable business tools. Hardie Property respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing it to prevent unauthorised access.

11.2 You agree that we may collect, store and use certain personal information about you in accordance with our Privacy Policy.

12. COOKIES

12.1 To make your experience as simple and convenient as possible we use "cookies". The Website uses first-party and second-party cookies and other similar technologies for measurement, data analysis, targeted advertising and potential personalisation so that Hardie Property can better serve you with more customised information when you return to the Website.

12.2 "Cookies" are small text files containing small amounts of information which are downloaded to your device when you visit a website. They are sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies recognise repeat users, facilitate ongoing access to and use of a website, and allow a website to track usage behaviour and compile aggregate data to improve functionality and content.

12.3 If you do not want your information collected through cookies, most browsers allow you to deny or accept the cookie feature and to be notified when you are sent a cookie, giving you the chance to decide whether to accept it. You can read more at www.allaboutcookies.org. If you do not deny the use of cookies, you consent to Hardie Property's use of any information collected using cookies, limited to marketing, compiling statistics, and providing you with better access to the Website.

12.4 User behaviour on the Website is tracked using Google Analytics "Universal Analytics", which anonymises and aggregates data about your behaviour. The Website also uses Google Analytics Demographics and Interest Reporting. Hardie Property will not merge your personal information with non-personally identifiable information collected through Google advertising products unless you are notified and consent. You may opt out of the Google Analytics Display Advertiser features at https://tools.google.com/dlpage/gaoptout/.

13. INVALIDITY

13.1 If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part will not be affected.

14. GENERAL PROVISIONS

14.1 These Terms and Conditions are governed by the laws in force in the Republic of South Africa.

14.2 In the event of any dispute between you and Hardie Property, you consent to the jurisdiction of the Western Cape High Court (notwithstanding that the quantum in the action may otherwise be beyond that court's monetary jurisdiction).

14.3 Hardie Property may legally assign any of its rights and obligations under these Terms and Conditions at any time without giving you notice.

14.4 You agree that you shall only use the Website for lawful purposes and shall not modify, distribute or exploit the Website Content without Hardie Property's prior written consent. You also agree not to abuse or misuse the Website or the Website Content in any manner whatsoever.

Whether you're looking for a property valuation or property to buy, we will ensure consistent transparency according to our terms and conditions.