Terms & Conditions

Terms & Conditions:

• The Website

  a. You acknowledge that you enter and use the website entirely at your own risk. The Website is subject to change at any time without prior notice and may contain errors.

  b. The Propertist makes no warranty or representation concerning the website's availability or that the website will be free of defects in operation or design.

  c. The Propertist cannot guarantee the safety of computer systems of users of the website. The Propertist does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the website.

• Transactions on the website

  a) Transactions on the website:

  The Propertist is not responsible or liable for any transaction (including purchase and delivery) you enter directly with either:

  • i. An individual or business that has listed their property on the website.
  • ii. An individual or business listing or advertising its products or services on the website.
  • iii. The Propertist makes no warranties or representations in relation to the services or products of businesses listed or advertising services or products on the website. The Propertist accepts no liability for prices charged or services provided by such listed businesses.
  • iv. The Propertist has no interest, whether direct or indirect, in any of the businesses listed on the website.

  Customers, who are buying/renting property/properties through The Propertist, must verify details the property/properties as well as its right, title, ownership, lien etc on their own

  b) Links: The website may contain links to other websites. The Propertist provides those links as a ready reference for searching products and services on the internet and not as an endorsement of those websites, their operators or the goods and services that they describe. Websites that are linked to the website are not covered by these terms and conditions and may have their own terms and conditions or privacy policy by which they operate. If you choose to access these linked sites, you do so at your own risk. The Propertist is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods and services that they describe. The Propertist is not responsible for and will not be liable in respect of any incorrect link to an external website. You are not permitted to link to or frame the website without The Propertist’ express written permission.

  c) Privacy: Any personal information submitted by you via the website will be handled in accordance with The Propertist’ Privacy Policy which is set out on the website

  d) Intellectual Property: All intellectual property rights, including copyright and patents, in the website, the Content and all components of it are owned or licensed by The Propertist. You must not copy, modify or transmit any of the Content or the website without The Propertist’ written permission. The website contains trademarks, logos, service names, trade names of The Propertist or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the website.

  e)website License: The Propertist grants you a non-exclusive and non-transferable license to use the website for your own personal use subject to the restrictions specified in these Terms and Conditions. You may not download (other than page caching) or modify the website or any portion of the website.

  f) Content: The Propertist is not responsible for and makes no warranty or representation in relation to the accuracy, completeness, currency or suitability of any Content and to the full extent permitted by law excludes all liability (including in negligence) for any reliance or decisions made based on such Content.

• Advertiser Terms

  These are the Private Advertiser Terms on which The Propertist.com permits you to list your property ("Property") on the website for sale, rent, or pg (Service). Your access to and use of the website is subject to these Private Advertiser Terms and The Propertist Privacy Policy. Upon completion of the online registration and by clicking on the "I accept" button below, you agree to be subject to these Private Advertiser Terms. By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept the Private Advertiser Terms and agree to abide by them. These terms relate solely to the website and the Service and do not govern other activities or conduct via the website at www.The Propertist.com.

  • i Changes to Private Advertiser Terms a. The Propertist may, from time to time, review and update these Private Advertiser Terms. By accessing or using The Propertist you agree to be bound by these terms and conditions of use as amended from time to time. Your use of the website or the Content will be governed by the most recent Private Advertiser Terms.
  • ii Changes to functionality

    a. The Propertist reserves the right to change the functionality of the website at any time without prior written notification, except where the change relates to the payment of the Listing Fee.

• Fees and payment

  a. You must pay a fee to list your Sale or Rental Property on the website (Listing Fee). Payment of the Listing Fee allows you to list property on the website until the Property is sold or rented or removed by The Propertist in accordance with the terms and conditions (Listing Period). You acknowledge that your Property will not be listed on the website until The Propertist receives your full payment of the Listing Fee. Your Property will remain on the website for the Listing Period from the date The Propertist receives your listing fee unless you request The Propertist to remove the listing sooner. You acknowledge that the listing fee is payable despite the termination of our agreement. You will not be entitled to a refund or credit if The Propertist withdraws or terminates the publication of your listing if you were not entitled to place a Listing or you are otherwise in breach of our agreement.

  b. You must pay the listing fee at the rate and in the manner set out in the application form filled in by you on this website.

  c. Only one property may be listed per listing fee and the listing fee is not transferable. The Propertist reserves the right to terminate your account where you attempt, whether directly or indirectly, to list more than one property for the one listing fee.

  d) Payment Terms:

  The Propertist does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. The Propertist uses the maximum care as possible to ensure that all or any data/information in respect of an electronic transfer of money does not fall into the wrong hands.

  The Propertist shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

  e) Refund in failed transactions:

  The Propertist offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customer’s card/bank accounts. This is on account of the multiplicity of organizations involved in the processing of online transactions, problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/ objectionable property content being posted on the site would be at the discretion of The Propertist.

  f) Suspension of service:

  a. If any money payable by the user to the company is not paid on the due date, the company may without prejudice to any other rights or remedies that may be available to it suspend the service provided to the user. b. When the service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the company and the User shall be liable for all the charges and fees incurred up to the date. c. Upon subsequent payment by the user of such money as demanded by the company, the company may at its discretion and subject to such terms as it deems proper, reconnect the service.

• Listing properties

  a. When listing your property you must (i) Provide all information for your listing (including any photographs) in the form required by The Propertist from time to time; (ii) Describe the advertised property accurately; (iii) Comply with any relevant The Propertist’s advertising policy.

  b. By listing your property on this website, you warrant that: (i) You are 18 years or older. (ii) You are the owner of the Property. (iii) You have entitlement to list the Property for sale or rent. (iv) You have complied with local and state government laws where the property is listed for sale or rent. (v) All the information you have provided on the website in relation to the property is correct and not misleading.

  c. You agree that within 24 hours of the property no longer being available for sale or rent, you must notify The Propertist to remove that listing from the website.

  d. The full functionality of the service can only be accessed after completion of the online registration as a user of the website. The Propertist reserves the right to deny access or refuse a listing to any party at its absolute discretion.

• Your account and password

  a. You can update, edit or terminate your membership at any time but you cannot transfer your membership.

  b. It is your responsibility to keep The Propertist updated as to your correct email address. The Propertist takes no responsibility for any incorrect email address provided by you.

  c.You must maintain the confidentiality of your user ID and password information required to access your account with us, and immediately change your password if it is lost, stolen or if the confidentiality of your user ID or password is compromised in any way. You are responsible for all transactions entered under your user ID and password. The Propertist accepts no liability for any cost or loss arising from the loss of your user ID or password.

• Term and termination

  a. These private advertiser terms commence on completion of your online registration as a registered user of the website and will continue until your registration is terminated by either The Propertist or you.

  b. The Propertist may terminate your registration for any reason and in its absolute discretion by email to you.

  c.If The Propertist terminates your registration because of a breach by you of these terms, you are not entitled to a refund of any payments made by you (if any). If The Propertist terminates your registration for a reason other than a breach by you, you may be entitled to a refund of any payments made by you up until the date of the notice of termination.

  d. You may terminate your account at any time, for any reason. This may be done online by contacting The Propertist at enquiry@thepropertist.com

• The Propertist licence to use submitted material and monitoring of Content

  a. By uploading material or otherwise submitting any material through the website (submitted material), you automatically grant (or warrant that the owner of such materials expressly grants) to The Propertist a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those submitted materials. Such a license shall apply with respect to any form, media, or technology now known or later developed.

  b. Without limiting the foregoing, you agree that submitted material may be used by The Propertist for purposes including (without limitation) marketing, research and development of goods and services.

  c.To the extent that you have any moral rights in any submitted material, you hereby irrevocably and unconditionally consent, for the benefit of The Propertist, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the submitted material or any part of it in any medium, and without attribution of you as an author of or contributor to that submitted material, and adaptation or alteration of the submitted material in any way including addition to and subtraction from the submitted material, whether such acts or omissions occurring before or after the date on which that consent is given.

  d. You warrant that any submitted material contributed by you will not: (i) infringe the intellectual property rights (including the moral rights) of any third party (and you have obtained consent to post any material); or (ii) Breach any obligations of confidence or any other law or regulation relating to the submitted material.

  e. The Propertist reserves the right to block or immediately remove communications or submitted material (without a refund of any payments made by you) that it considers are or may be in its sole discretion:

  • i. Abusive, defamatory, or obscene;
  • ii. Fraudulent, deceptive, or misleading;
  • iii. In violation of a copyright, trademark or other intellectual property rights of another;
  • iv. In violation of any law or regulation;
  • v. In breach of these sellers terms and conditions or the website terms and conditions of Use; or
  • vi. Offensive or otherwise unacceptable to The Propertist.

  f. The Propertist is not responsible for the content provided by you or any errors contained therein.

  g. The Propertist reserves the right to modify your Listing. All text on your listing must be in English.

  h. By accepting these private advertiser terms you agree that email addresses, website addresses or commercial branding will not be displayed throughout your property listing.

• Privacy

  a. Any personal information submitted by you via the website will be handled in accordance with The Propertist privacy policy which is set out on the website here.

• Access

  a. The Propertist does not guarantee that users will have continuous access to the website. The Propertist will not be liable in the event that the website is unavailable due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.

  b. The Propertist does not guarantee the delivery of communications over the internet as such communications rely on third-party service providers. Electronic communications (including email) are vulnerable to interception by third parties and The Propertist does not guarantee the security of these communications or the security of the website.

• Disputes

  a. The Propertist has the right but has no obligation to monitor disputes between you and other registered users.

  b. In the event that you have a claim or action against another user arising from that user's use of the website or the service, you agree to pursue such claim or action independently of and without any demands to The Propertist and you release. The Propertist from all claims, liability and damages arising from or in any way connected to the claim or action.

  c. The Propertist is not responsible or liable for any breach of contract by any party to a contract or agreement in relation to a property advertised on the website.

• Indemnity

  a. You agree to indemnify and keep indemnified The Propertist against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against The Propertist or which The Propertist must pay, sustain or incur as a direct or indirect result of your use of the website or Service.

  b.You agree to give full cooperation and provide The Propertist with reasonable assistance in conducting the defence of such a claim. Disclaimer of warranties and limitation of liability a. To the full extent permitted by law, The Propertist hereby excludes all guarantees, terms, representation or warranties that would otherwise arise or be implied by law in relation to the supply of goods or services under these terms and conditions, including but not limited to any warranties or representations concerning

  • i. Availability of the website.
  • ii. Quality, completeness, accuracy or suitability of the website or content
  • iii. Merchantability or fitness for purpose in relation to the website or the content.
  • Iv. All links to or from the website
  • v. The products and services advertised or accessible on the website.
  • vi. Title or rights to properties advertised on the website. b. To the extent that it can not be excluded, The Propertist liability in respect of any goods or services is, to the full extent permitted by law, limited at The Propertist option to (i) Replacing or repairing the relevant goods, (ii) Supplying goods equivalent to the relevant goods, (iii)Supplying the relevant services again or (iv) Paying the cost of such replacement, repairs or supply.

  c. To the full extent permitted by law The Propertist will not, in any case, be liable for any direct or indirect loss profit, exemplary or punitive damages deletion or corruption of electronically or digitally stored information or incidental, consent to the full extent permitted by law The Propertist will not, in any case, be liable for any direct or indirect loss profit, exemplary or punitive damages, deletion or corruption of electronically or digitally stored information, or incidental, consequential or special damages arising out of or in connection with the web site, the content, all links to or from the web site and the products and services advertised or accessible on the web site.

  d. While The Propertist tries to keep the web site up to date and current, The Propertist does not warrant the accuracy of information provided on its web site. to the full extent permitted by law, The Propertist disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any reliance on anything contained in or omitted from the web site or external links.

  e. The Propertist does not guarantee the successful sale or rental of your property through the web site. as The Propertist is not, and does not purport to be, a real estate agent, you should not rely on any information obtained directly from the web site - you should obtain independent professional real estate advice from a qualified real estate agent, property valuer or conveyancer. The Propertist does not make any warranties as to the quality of advice of the businesses and professionals who advertise or are listed on the web site.

  f. To the full extent permitted by law, The Propertist takes no responsibility for late delivery of sale or rental boards.

  g. To the full extent permitted by law, The Propertist makes no guarantee, representation or warranty as to the advice or information provided by The Propertist in email updates to you – you should obtain independent professional advice in relation to the sale or rental of your property;

  The Propertist makes no guarantee, representation or warranty whatsoever as to (i) the nature, identity, type, suitability and capacity to pay of any person who may respond to your listing; or (ii) the guarantees, representations or warranties of other customers of the web site as to title or entitlement to sell.