Terms & Conditions

INTRODUCTION

These Terms of Use (“Terms”) govern your use of The Property Video Network CC’s website, located at Propertytube.com, any mobile applications, and services (“Site”) provided by The Property Video Network CC (“Property Tube”). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

The Site is located within the Republic of South Africa.

GENERAL TERMS

Property Tube provides this Site to real estate professionals to allow them to easily create, market & share videos of the properties they are marketing and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Property Tube and you, and you accept them by: (a) using the Site in any manner; and/or (b) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Property Tube may amend these terms and conditions from time to time. By accessing the Site you are bound to the terms and conditions published on the Site at the time of any visit to and/or usage of the site.

SERVICES

The Site has been developed to provide real estate professionals with tools that allow them to create, market & share videos of properties they are marketing.

YOUR OBLIGATIONS AND CONDUCT

In consideration of your use of the Site, you agree: (a) that you are of legal age and have legal capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Property Tube, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. 

You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Property Tube or other users of the Site; (b) includes unauthorised disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Property Tube reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

CHOICE OF LAW

This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.

ACCURACY OF INFORMATION

While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.

Property Tube shall not be responsible for the contract or privacy policies of any websites to which this website may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.

TERMINATING USE OF THE WEBSITE OR SERVICES

Property Tube may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Property Tube believes that your conduct is in breach with or inconsistent with these terms and conditions.

COPYRIGHT AND USE OF MATERIAL

Property Tube retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.

In terms of a limited licence, granted for general use, Property Tube grants the User, subject to these Term, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.

This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Property Tube.

Property Tube not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.

YOUR PRIVACY

Property Tube respects the privacy of all visitors to the Site. You may use the Site without providing any personal information. However, so that Property Tube can regularly assess and improve the Site, it may collect information on the number of visits to the site and pages viewed. Property Tube has a separate Privacy Policy which is linked to the Site.

EXCLUSION OF LIABILITY

You expressly agree that the use of the Site is entirely at your own risk. The Site and all its contents are provided on an "as is" basis, and Property Tube makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site. Property Tube does not warrant that the Site's functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.

You understand and agree that Property Tube is not responsible for the performance or conduct, whether on or off the Site, of any User. Property Tube expressly disclaims, and each User expressly releases Property Tube from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.

Property Tube shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance of the website and/or its content. In no event shall Property Tube's total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Property Tube.

Property Tube, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Property Tube is expressly advised thereof.

You will indemnify Property Tube, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from (a) your use of the Site; (b) breach of these terms of use; (c) disputes with or between other Users; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site.

GENERAL DISCLAIMER

You agree to access and use the Site entirely at your own risk. You agree that Property Tube can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Property Tube of any irregularities, to act on any instruction purporting to originate from you. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

Videos created through all video creation tools & services offered by the Site are for online use or download only. You may not use any videos created through our platform in any film, television commercial or television broadcast.

Although every effort has been made to ensure the accuracy and integrity of the Realtor App offered by Propertytube.com, no warranty is given in this regard. On accessing the Realtor App the entire risk as to the use of the Realtor App is assumed by the User. Propertytube.com cannot be held liable for any loss, damage, expense or cost incurred through the use of the Realtor App.

Propertytube.com reserves the right to delete any video uploaded to the Site should the need arise. Propertytube.com reserves the right to instruct any User to remove any videos created by any of our current or future products and services from third party websites should the need arise.

Any User may cancel their subscription to any current or future products and services offered by the Site with one month's notice by emailing a cancellation request to info@propertytube.com. Propertytube.com reserves the right to cancel a Users subscription to any current or future products and services offered by the Site without notice if found to be misusing or abusing the products and services in any way. If a User cancels their subscription to any current or future video creation service offered by the Site, all videos that have been created by this service for the User will be removed from their account if the subscription is not reactivated within a 3 month period.

LEGAL DISCLOSURE

Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:-

  • The full name and legal status of the website owner is The Property Video Network CC (“Property Tube”)
  • Property Tube’s physical address and telephone number is [368 Albert Road, Woodstock, Cape Town and +27(87) 943 2289
  • Property Tube’s website is Propertytube.com and its email address is info@propertytube.com
  • Property Tube’s registration number is 2010/150581/23 and it was registered in South Africa
  • Physical address for receipt of legal service: - 368 Albert Road, Woodstock, Cape Town
  • Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
    • access to the Property Tube website;
    • the inability to access the Property Tube website;
    • the services and content available from the Property Tube website; or
    • these terms and conditions;
    shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client; and
  • Users may lodge complaints concerning the Property Tube website through the “Contact Us” service provided on this website.