Propworths.com — Global Property

Indemnity

Propworths Global Property (Pty) Ltd Version: 1.0 Effective: 5 June 2026
Acceptance Definitions Use at Own Risk No Warranties Indemnification Limitation of Liability Third-Party Content Information Accuracy Best-Effort Service Force Majeure Consumer Carve-Out Governing Law Contact

1) Introduction and Acceptance

1.1 This Indemnity governs your access to and use of the Propworths website, webapp, mobile interfaces, APIs, calculators, valuations, search tools, listing platforms, advertising platforms, auction rooms, dashboards and all related services made available at propworths.com and any subdomain or replacement domain operated by Propworths Global Property (Pty) Ltd (collectively, the "Site" and "Services").

1.2 By accessing, browsing, registering on, listing on, advertising on, bidding through, transacting through, requesting a valuation from, or in any other manner using the Site or Services, you confirm that you have read, understood and unconditionally accept this Indemnity in full, of your own free will, and that you use the Site and Services entirely at your own risk.

1.3 If you do not accept this Indemnity, you must not access or use the Site or Services.

1.4 This Indemnity applies in addition to, and does not replace, the Terms of Use, Privacy Policy, Cookies Policy, Payment Terms, Listing Agreements, Auction Bidding Terms, Auction Seller Agreement, Advertising Agreement and any other terms applicable to a specific Service. Where a conflict exists, the document signed or accepted for that specific Service governs that Service; this Indemnity governs everything else.

2) Definitions

2.1 "Propworths", "we", "us", "our" means Propworths Global Property (Pty) Ltd (registered in the Republic of South Africa), its directors, officers, employees, contractors, agents, representatives, affiliates, holding company, subsidiaries, successors and assigns.

2.2 "You", "your", "User" means any natural or juristic person who accesses, browses or uses the Site or Services in any capacity — including (without limitation) visitors, registered users, buyers, sellers, tenants, landlords, bidders, auctioneers, advertisers, agents, agencies, brokers, business owners, valuers and any party acting on their behalf.

2.3 "Content" means all information made available on or through the Site or Services, including property listings, prices, photographs, floor plans, video and virtual tours, descriptions, agent and agency profiles, business-for-sale financial summaries, valuation estimates, market data, calculator outputs, ratings, reviews, lead information and any other text, data, image or media element.

2.4 "Loss" means any and all direct, indirect, consequential, special, incidental, punitive or other loss or damage of whatever nature — including, without limitation, financial loss, loss of income, loss of profit (actual or potential), loss of opportunity, loss of data, loss of business, loss of goodwill, reputational damage, legal costs (on the attorney-and-own-client scale), expert and professional fees, and any claim by a third party.

2.5 "Service" or "Division" means each of the following, as well as any other product, feature, division or capability offered by Propworths now or in future:

3) Use at Your Own Risk

3.1 You acknowledge and agree that your access to and use of the Site, Services and Content is entirely voluntary, at your own election and at your own risk.

3.2 You are solely responsible for any decision you make in reliance on the Site, Services or Content — including any decision to buy, sell, rent, lease, bid, list, advertise, value, invest, transact or refrain from any of the foregoing.

3.3 Before making any commitment or transaction, you must conduct your own independent investigation and obtain your own independent professional advice from suitably qualified legal, financial, taxation, town-planning, engineering, valuation and other professionals. The Site and Services are not a substitute for professional advice.

4) No Warranties — "As Is" Basis

4.1 The Site, Services and Content are provided "as is" and "as available", without warranty of any kind, whether express, implied, statutory or otherwise, to the maximum extent permitted by applicable law.

4.2 Without limiting the generality of clause 4.1, Propworths makes no warranty and gives no representation that:

5) Indemnification by You

5.1 You hereby irrevocably and unconditionally indemnify, defend and hold harmless Propworths Global Property (Pty) Ltd, its directors, officers, employees, contractors, agents, affiliates, holding company, subsidiaries, successors and assigns (collectively, the "Indemnified Parties") against any and all claims, demands, actions, proceedings, judgments, fines, penalties, settlements, Losses, damages, costs and expenses (including legal costs on the attorney-and-own-client scale) of any nature whatsoever, suffered or incurred by the Indemnified Parties and arising directly or indirectly out of, or in connection with:

5.2 This indemnity is a continuing obligation and survives the termination or cessation of your use of the Site and Services.

6) Limitation of Liability — All Divisions

6.1 To the maximum extent permitted by applicable law, the Indemnified Parties shall not be liable to you or to any person claiming through you for any Loss (as defined in clause 2.4) of any nature, howsoever arising, whether in contract, delict (tort), breach of statutory duty or otherwise, suffered or incurred in connection with the Site, Services or Content.

6.2 This exclusion of liability applies specifically (but not exclusively) to Loss arising from:

6.3 Without limiting the generality of clauses 6.1 and 6.2, the Indemnified Parties shall in no event be liable for indirect, consequential, special, incidental, punitive or exemplary damages of any kind, even if the Indemnified Parties have been advised of the possibility of such damages.

6.4 Where applicable law does not permit total exclusion of liability and a court of competent jurisdiction finds that the Indemnified Parties are liable to you, the aggregate liability of the Indemnified Parties to you in respect of any and all claims arising from this Indemnity or your use of the Site and Services shall be limited to the lesser of (i) the amount actually paid by you to Propworths for the specific Service giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim, or (ii) ZAR 1,000 (one thousand South African Rand).

7) Third-Party Content and Dealings

7.1 A substantial portion of the Content on the Site is provided by third parties — including agents, agencies, sellers, landlords, advertisers, business owners, bidders and external data providers. Propworths does not author, audit or independently verify such Content and makes no representation as to its accuracy.

7.2 The Site may contain links to, or embed content from, third-party websites, services or platforms. The Indemnified Parties do not control such third parties and accept no responsibility for their content, conduct, security, terms, privacy practices or service availability.

7.3 Any contract, transaction or dealing you enter into with another user, agent, advertiser, business owner or any third party introduced through the Site is strictly between you and that party. Propworths is not a party to such transaction and accepts no liability for it.

8) Information Accuracy and Due Diligence

8.1 Whilst Propworths uses reasonable commercial efforts to ensure that Content is current and accurate, you acknowledge that:

8.2 You are responsible for satisfying yourself, through your own due diligence and through suitably qualified independent professionals, as to the accuracy of any information on which you intend to act.

9) Best-Effort Service Commitment

9.1 Propworths is committed to using reasonable commercial efforts to provide a high standard of service across all Divisions at all times.

9.2 This commitment is a best-effort undertaking, not a guarantee. The fact that Propworths strives to provide best service does not create any liability for the Indemnified Parties where the Site, Services or Content fall short of any user's expectations or requirements for any reason.

10) Force Majeure

10.1 The Indemnified Parties are not liable for any failure or delay in providing the Site or Services where such failure or delay is caused by an event beyond their reasonable control, including (without limitation) acts of God, fire, flood, earthquake, pandemic, war, riot, civil unrest, government action, court order, sanctions, embargo, labour dispute, internet or telecommunications infrastructure failure, hosting or cloud-provider outage, third-party service-provider failure (including payment gateway, email, SMS, mapping, identity verification and similar providers), or cyber-attack.

11) Consumer Protection Carve-Out

11.1 Nothing in this Indemnity is intended to:

11.2 If any provision of this Indemnity is found to be unenforceable to the extent it conflicts with applicable peremptory law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remainder of this Indemnity shall remain in full force and effect.

12) Survival, Severability, Governing Law and Jurisdiction

12.1 Survival. The provisions of this Indemnity that by their nature are intended to survive (including clauses 5, 6, 7, 8, 11, 12 and 13) survive the cessation of your use of the Site and Services.

12.2 Severability. If any provision of this Indemnity is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

12.3 Governing law. This Indemnity is governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.

12.4 Jurisdiction. You consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, in respect of any dispute arising out of or in connection with this Indemnity, without prejudice to Propworths' right to institute proceedings in any other court of competent jurisdiction.

13) Contact for Legal Queries

13.1 Written notices, queries or disputes relating to this Indemnity must be sent to:

Legal Department
Propworths Global Property (Pty) Ltd
P.O. Box 1023, Cape Town, Republic of South Africa
legal@propworths.com

14) Amendment

14.1 Propworths may amend this Indemnity from time to time by publishing the updated version on the Site. Continued use of the Site or Services after such publication constitutes acceptance of the updated Indemnity.

14.2 The current version and effective date appear at the top of this document.

Accepted by the User on Access. By accessing or using the Site or Services, you accept this Indemnity in full, of your own free will, and you irrevocably indemnify Propworths Global Property (Pty) Ltd and the Indemnified Parties as set out above.
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