Terms of Use

• 1.1

  This document contains the terms for the use of the website under domain name www.thefoyer.co.za.

• 1.2

  These terms governs the use of the website and bind everybody who access and enters the site. By using the website, you consent to these terms, entering into a legal and enforceable agreement with the owner.

• 1.3

  The owner reserves the right to modify, amend and revise the terms of this legal notice, from time to time, by updating this page. Any changes will take effect by its posting on this website.

• 1.4

  It is the responsibility of users to frequently acquaint themselves with any updates, alterations, and amendments.

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act, 25 of 2005 the following information is disclosed:

• 2.1

  The website is owned and managed by The Foyer (Pty) Ltd, registration number 2024/272056/07, a private limited company, with physical address at
  16 Bosveld Lane
  Lushof
  Tzaneen 0850

• 2.2

  The website is www.thefoyer.co.za and the email address is [email protected].

• 2.3

  The principal business of the owner is the online marketing of property listings and to link various role players in the property industry.

• 3.1

  The “website” means this website: www.thefoyer.co.za.

• 3.2

  The “user” means any person, business and institution entering the website;

• 3.3

  The “owner” means The Foyer (Pty Ltd);

• 3.4

  "the Content” as referred to in Par 6 (and as far as it relates to Copyright and Intellectual Property rights) includes, but is not limited to artistic work, graphics, text, commercial names and - logos, data bases, program carrying-signals, computer programs, source codes, software, designs, sound- and visual recordings of which the use, duplication, reproduction, transmission and distribution are limited and protected under South African- and international law.

• 3.5

  "the Act” means the Electronic Communications and Transactions Act, 25 of 2005

• 4.1

  The site, or any of its content, may not be used for the purpose of copying, collection, storage, reproduction, and distribution of data for illegal and unlawful purposes or in violation of any applicable legislation.

• 4.2

  It is illegal to use any device, program, automated- or manual process to copy, monitor or reproduce or re-use any part of the website.

• 4.3

  The content, or any part of the website, might not be published, modified, reproduced, resold, or altered, nor publicly displayed without the prior written consent of the owner.

• 4.4

  It will be illegal to interfere with the proper functioning of the website by imposing an improper large load thereon, or otherwise.

• 4.5

  No one may reverse engineer, interfere, or tamper with the source code of the program, or attempt to do so. This will constitute a criminal offence.

• 4.6

  It is not allowed to access, or attempt to access, sections of the website not authorised for public viewing.

• 4.7

  The derivative use of the website, or its contents, for the benefit of another merchant is not allowed.

• 4.8

  A user is not allowed to frame, or use framing technologies, software, or programs to enclose the website or its content.

• 4.9

  No content which might be abusive, offensive, obscene, discriminatory, or insensitive may be posted.

• 4.10

  Although all reasonable care is taken to ensure the reliability of the information contained in the website at the time of publication, the owner makes no warranty or representation as to the availability, accuracy, or completeness of the content. The owner takes no responsibility for typographical errors, inaccuracy of data, or out datedness thereof. As such the products and services are provided on an “as is’ basis.

As far as permitted by law, the owners, web designers, suppliers, employees, agents, and affiliates will not be liable for any damage, loss or liability incurred as a result of the use of, or the inability to access the website or its contents, whether such loss or damage might be direct, indirect or consequential.

• 6.1

  The content of the website is protected by South African and International Copyright and Intellectual property laws.

• 6.2

  The owners reserve the right to, without any notice, make changes to the website and the products, or services, offered.

• 6.3

  All these rights are reserved and retained by the owners and will not be abandoned, relinquished, or surrendered tacitly, nor by implication. No indulgence, or failure to act promptly in order to stop or prevent any infringement on its rights will be construed as a limitation of its copyright, trademark-, patent- or other intellectual property rights.

Please refer to the Privacy Policy document.

• 8.1

  It is prohibited to:

  • 8.1.1

    Access, or attempt to access, data not intended for public use;

  • 8.1.2

    Log onto the website when not authorised, or blocked from use;

  • 8.1.3

    Test the vulnerability of the system or network or to install any program onto the website;

  • 8.1.4

    Introduce any virus, or malware, to the system;

  • 8.1.5

    “flood”, “spam” or crash the system;

  • 8.1.6

    Engage in data mining, data harvesting, data extraction or similar activity;

  • 8.1.7

    Install any unsolicited e-mail, data, promotion, or advertisement material;

  • 8.1.8

    Delete any formation posted by another user, person, or entity;

• 8.2

  Any transgression in this regard will lead to criminal prosecution and civil action. The owner further reserves the right to, in his own exclusive discretion, suspend the access of a user to the site.

• 9.1

  The website carries information, advertisement material, news, reviews published by independent third parties beyond the control of the owner.

• 9.2

  The owner will not be party to any agreement resulting from information obtained or used by any user, unless explicitly stated to the contrary and will not be liable for any loss or damage suffered as a result from such an agreement.

• 9.3

  The owner gives no guarantee that the content downloaded will be virus free or not harmful to the user’s system.

• 10.1

  This document contains the full terms of the agreement between the owner and user and no relaxation or indulgence will be interpreted to be an amendment therefor;

• 10.2

  If any term, or terms, are found to be unlawful, or unenforceable, the restriction will be limited to that specific term (or terms) only and the balance hereof will remain in force.

The South African law will be applicable to the terms of this agreement.

Any complaints and queries regarding the website, or these terms of use, can be addressed via the “Contact us” section of the website.