Kerzner Estate

TERMS AND CONDITIONS

(theAgreement”)

The following terms and conditions govern all use and enjoyment by any person(s) (the “Consumer”) of the SEEFF website and app (collectively the “Website”) and all content, material, services and goods available on and/or through the Website as the case may be.

INTERPRETATION

1.1 Words and expressions defined in SEEFF’s online privacy policy (“Privacy Policy”) shall have the same meaning herein unless otherwise expressly indicated.

1.2 Capitalised terms shall have the meaning assigned to them in the text of this Agreement from time to time.

INTRODUCTION

2.1 SEEFF provides the Website as a service to its Consumers.

2.2 In order to access the Website, the following terms and conditions are binding on the Consumer, without modification, along with the Privacy Policy.

2.3 Should the Consumer disagree with any terms or conditions contained herein, they are advised not to make use of the Website.

CONSUMER PROTECTION ACT

3.1 This Agreement contains certain terms and conditions which may:-

3.1.1 limit the risk or liability of SEEFF or any relevant third party;

3.1.2 create risk or liability for the Consumer; and/or

3.1.3 compel the Consumer to indemnify SEEFF or a relevant third party;

3.1.4 serve as an acknowledgement, by the Consumer, of certain facts.


3.2 By making use of the Website, the Consumer consents to these terms and conditions as a pre-requisite

INTELLECTUAL PROPERTY

4.1 SEEFF does not transfer any right, title or interest in their intellectual property, including but not limited to any relevant material, trade custom, logo, patent, trademark, or sign to the Consumer or any third party (“Intellectual Property”); and

4.2 Such Intellectual Property shall remain solely as the property of SEEFF and the Consumer’s use of the Website does not alter this in anyway whatsoever.

LICENSE TO USE WEBSITE

5.1 The Website and Intellectual Property are owned and operated by SEEFF.

5.2 All Intellectual Property rights are reserved and strictly belong to SEEFF.

5.3 Accordingly the Consumer may not

5.3.1 rent, lease, re-sell or republish any Intellectual Property or material from the Website; and/or

5.3.2 alter, edit or modify any information or material as contained on the Website.

USE OF WEBSITE

6.1 Should the Consumer create an account, as provided for on the Website (the “Account”) and consequently comments, posts, copies, screenshot’s or otherwise make use of the material on the Website, then –

6.1.1 the Consumer is entirely and solely responsible for the content thereof and/or any harm, damage or loss howsoever arising

6.1.2 the Consumer is not permitted to use the Website to copy, store, host, transmit or distribute any material which is considered a virus or malicious to computer software as the case may be;

6.1.3 SEEFF is entitled (subject to the Privacy Policy) to use and enjoy any information posted on the Website by Consumers; and

6.1.4 SEEFF expressly reserves the right to remove, destroy and/or delete any material so placed on the Website without any delay and in its sole discretion.

6.2 Notwithstanding anything to the contrary contained herein, the Consumer is expressly barred from operating any commercial activity that is designed for the sole benefit of the Consumer and not in the interests of SEEFF, the Website being solely for the commercial business of SEEFF.


THIRD PARTY SITES

Should the Website include any links to other websites or applications ("Third Party Sites"), then

7.1 SEEFF does not control or endorse any such Third Party Sites

7.2 the Consumer hereby agrees that SEEFF shall not be responsible for the availability or contents of such Third Party Sites; and

7.3 the Consumer makes use of Third Party Sites at their own risk

BREACH OF AGREEMENT

8.1  Without limiting any powers provided to SEEFF above, should the Consumer breach any term or condition as contained herein SEEFF may take such action as deemed appropriate to rectify the breach, including but not limited to –

8.1.1 deleting, removing and/or refusing any content, which it,  in its sole discretion, believes is harmful or objectionable;

8.1.2 banning, barring or removing any Consumer from using the Website for any reason whatsoever; and/or

8.1.3 blocking computers using the Consumer’s IP address from accessing the Website.

8.2 The above powers shall be exercised free from any costs, refunds or damages claims howsoever arising and of whatsoever nature against SEEFF.

LIMITATIONS OF LIABILITY

Notwithstanding anything to the contrary herein contained, the Consumer hereby indemnifies SEEFF and its agents from and against any and all claims and expenses, including but not limited to-

9.1 attorney fees;

9.2 consequential, special and actual loss;

9.3 any loss arising out of the interruption of use or loss or corruption of data; and

9.4 loss of commercial gain.

DISCLAIMER

10.1 SEEFF undertakes to operate with reasonable care and in good faith at all times. (“Cooperate”)

10.2 Although SEEFF agrees to Cooperate under this Agreement, SEEFF cannot guarantee that all information as provided for on the Website is correct and/or a proper reflection of any relevant facts

10.3 Thus the Website is provided for voetstoots, or as is, free of any representations, warranties or undertakings of any nature.

AMENDMENTS

11.1 SEEFF reserves the right to alter the terms and conditions contained herein at any time in their sole discretion.

11.2 It is expressly the Consumer’s responsibility to read through this Agreement and update themselves as to which terms and conditions apply at any relevant time.

11.3 Should SEEFF apply any new terms or conditions, the new provisions shall be of immediate force and effect.

PRIVACY POLICY

12.1 Personal Information of the Consumer is critical to the operation of the Website.

12.2 The Consumer must read the Privacy Policy in conjunction with this Agreement and the terms set out therein.

12.3 By proceeding with the use of SEEFF’s Website, the Consumer agrees to the use of their Personal Information in accordance with the Privacy Policy.

CONTACT SEEFF

Any questions, queries, comments or complaints concerning this Agreement must be directed to: [•] co.za.

SEVERABILITY

All terms and provisions of this Agreement are deemed to be independent of each other and accordingly, if any term is found to be invalid, unlawful or unenforceable, such term or provision shall be deemed to be pro non scripto and the remainder of the Agreement shall continue to be of full force and effect.

WHOLE AGREEMENT

This document contains the entire Agreement between SEEFF and the Consumer and no Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

GOVERNING LAW

This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.