WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION
  1. The following information states the terms and conditions under which you may use the Website www.helenmelonproperties.co.za (‘the Website’).
  2. The Website is made available to you by Helen Melon Properties (Pty) Ltd, Registration number 2013/126241/07 a limited liability private company duly registered in the Republic of South Africa (referred to as “HMP”, “we”, “us” and “our”) (“Terms and Conditions”).
  3. HMP is predominantly a real estate company offering a full spectrum of property services.
  4. No sales representative, affiliate, dealer, agent, officer or employee of HMP has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.
2. CONTACT US
  1. The website is controlled by HMP.  Should you have any queries or comments about the website or our Privacy Policy you may contact us at:
    1. our physical address: 5 Formosa Place, 14 Main Road, Plettenberg Bay, 6600, Western Cape which is also the address to be used to receive legal service of documents.
    2. our postal address:  P O Box 2712, Plettenberg Bay, 6600, Western Cape.
    3. our email address: info@helenmelonproperties.co.za; or
    4. our contact number: + 27(0)44 533 1589.
    5. Fidelity Fund Certificate with EAAB:  + 27 (0) 087 285 3222 https://www.eaab.org.za
    6. MP subscribe to the EAAB code of conduct: https://www.eaab.org.za

3. TERMS OF USE/ACCEPTANCE OF THIS AGREEMENT

  1. By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink.  These Terms apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content. Please read the Terms carefully before accessing or using our Website.  By accessing or using any part of the site, you agree to be bound by these Terms as unmodified by you.
  2. These Terms are legally binding and enforceable against all individuals and/or entities (referred to as “you”; “your” or “user”) that access or use the Website, or any part thereof.
  3. By using the Website you will be regarded as having read these Terms  and agree to be bound by these Terms.  If you do not agree to these Terms, you must leave the Website immediately as further use will automatically bind you to this agreement notwithstanding any disagreements by you to the terms of this policy.
  4. It is your responsibility to pay attention to important clauses contained in this agreement that limit our responsibility or involve risk for you.

4. CHANGES AND AMENDMENTS TO THESE TERMS AND CONDITIONS

  1. HMP reserves the right, at our sole discretion, to update, change or replace any part of the information displayed on the Website including these Terms and Conditions, at any time without notice to you.
  2. It is your responsibility to visit the Website periodically to review the Terms and Conditions to which you are bound.
  3. The new terms will be effective immediately when they are posted on the Website and, by continuing to access or use the Website, you will be deemed to have accepted the new terms (as Published on the Website).
5. LINKS TO THIRD-PARTY WEBSITES
  1. This Website may from time to time contain hyperlinks or references to third party websites, news, advertisements, or reviews (collectively “third-party links”) independently published and over which HMP has no control. These Terms and Conditions do not apply to such third-party links.
  2. The presence of any third-party links on the Website is for your convenience only. Any such link does not mean that HMP endorses it or has any association with the proprietor of such third-party links.
  3. Notwithstanding the fact that the Website may refer to or provide third party links, your use of such of third-party links is entirely at your own risk and HMP assume no responsibility for any loss, expense, claim or damage, whatsoever whether direct, indirect, or consequential, arising from your use of such third-party links or your reliance on any information contained thereon.
6. INTERRUPTIONS AND OMISSIONS
  1. While HMP take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, you acknowledge that the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time.  As a result, HMP do not accept any ongoing obligation or responsibility to operate this Website (or any particular part of it).
  2. You agree that HMP will not be liable to you in any manner whatsoever in the event that it chooses to suspend, modify, or terminate the Website.
7. INDEMNITY
  1. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITE AND ALL THE RESULTS AND INFORMATION THAT YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED BY HMP TO THE FULLEST EXTENT PERMITTED BY LAW.
  2. Save in respect of liability for death or personal injury arising out of HMP gross negligence or fraudulent misrepresentation, we and all contributors to the Website hereby disclaim, to the fullest extent permitted by law, all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in delict, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Website.
8. SEVERABILITY
  1. If any part of these Terms and Conditions if found or held to be invalid or unenforceable (including any provision in which we exclude our liability to you) it shall be deemed severable from the rest of the Terms and the validity and enforceability of all the other provision of these Terms and will not be affected thereby.
9. ASSIGNMENT
  1. HMP can legally assign, transfer, and subcontract its rights and/or obligations under these Terms at any time without any notification. You are not allowed to assign, transfer or subcontract any of your rights and/or obligations under these Terms.
10. GENERAL TERMS
  1. These Terms and Conditions and the HMP Website are governed by the laws in force in the Republic of South Africa.  HMP chooses as it domicilium citandi et executandi for all purposed under this agreement, whether in respect of court process, notice, or other documents or communications of whatsoever nature, as 5 Formosa Place, 14 Main Road, Plettenberg Bay, Western Cape.
  2. In the event of any dispute arising between you and HMP, you consent to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act, as amended, in respect of any dispute flowing from the use of the services or otherwise from the operation of this Agreement notwithstanding that the quantum in the action or proceeding may otherwise be beyond the monetary jurisdiction of such Court.
  3. You agree that you shall only use the Website for lawful purposes and shall not in any manner whatsoever modify, distribute or exploit the Website Content without HMP’s prior written consent.  You also agree that you shall not abuse or misuse the Website or the Website Content in any manner whatsoever.
  4. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders and vice versa, and words importing persons shall include partnerships, trusts, and body corporates and vice versa.

COPY & INTELLECTUAL PROPERTY RIGHTS

Helen Melon Properties are the owner of all intellectual property rights on our website, and in the material published on it. Those works are protected by South African and international copyright laws and treaties. All such rights are reserved. You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this website. You may not use logos, icons, or trademarks from this website as hyperlinks or for any other purpose without Helen Melon Properties’ prior written consent.
We, along with our affiliates, the Partners and other licensors own all the text, images, software, trademarks, service marks or other material contained on Helen Melon Properties website. You may not copy, replicate, or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website. The content presented by Helen Melon Properties website is for your personal, non-commercial use only. If you do so, you may not modify the content in any way, and you must retain all copyright and trademark notices, including any other proprietary notices, contained in the content, and you must not obscure, alter or delete any of such notices. All copyright, trademark and other proprietary rights notices presented on Helen Melon Properties website must appear on all copies you print. Your use of and access to Helen Melon Properties website does not grant you any license or right to use any of the marks included on Helen Melon Properties website. 
Unless expressly prohibited by a notice published on any page of this website, you may print off one copy (excluding photography) and may download extracts of any page(s) from our site for your personal use, and you may draw the attention of others within your home/organisation to content posted on our site. You may print with this provision that any copy has attached to it any relevant proprietary notices and/or disclaimers and the content of this website is not reproduced, modified, adapted, or processed in any manner whatsoever.
Please note that any copyright violations will be dealt with in the full extent of the law.
The name of Helen Melon Properties or the logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. To obtain permission contact us at info@helenmelonproperties.co.za.
This website may from time to time contain hyperlinks or reference to third-party websites, news, advertisements, or reviews independently published and over which Helen Melon Properties has no control. These Terms and Conditions do not apply to third-party websites.
The presence of a link to a third-party website is for your convenience only. Any such link does not mean that Helen Melon Properties endorses that website or has any association with the proprietor of that website.
Notwithstanding the fact that the website may refer to or provide links to third-party websites, your use of such third-party websites is entirely at your own risk, and we assume no responsibility for any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from your use of such third-party websites or your reliance on any information contained thereon.
We have made content - including images, logos, and descriptions - available to enhance your search for property for sale and to rent. By continuing to use this website you are deemed to accept the above copyright terms.

DISCLAIMER

General
Every effort is made to ensure that the information contained within the Helen Melon Properties website is accurate and up to date. We cannot guarantee the accuracy of information supplied by the individual property owners. All material supplied by our property owners is used by Helen Melon Properties on the basis that they own the rights to the said material.
Helen Melon Properties provides this website on an “as is” and “as available” basis and makes no representations or warranties of any kind (express or implied) with respect to this website or the website content (including, but not limited to any pictures of properties, images, text, graphics, advertisements, files, links, downloads, coding, general property information or other items) and disclaims all such representation and warranties. Furthermore, we make no representations nor give any warranty that the website content is accurate, up to date, uninterrupted or error free.
All erf and building size values which may be displayed on the website are displayed as approximate size values and Helen Melon Properties makes no representation nor gives any warranty that the erf and building size values are accurate and/or up to date.
Helen Melon Properties cannot be held liable for any inaccurate information or content published on the website save where such liability arises from the gross negligence or wilful misconduct of Helen Melon Properties.
Nothing on the website shall be regarded or taken as financial, investment or property advice. The information contained on the website may not be relied upon in connection with any financial, investment or property decision you may make.
Helen Melon Properties shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the website content; or your inability to use the website or the website content, and/or unlawful activity on the website and/or linked third party websites.
In addition, we make no representation nor give any warranty, undertaking or term (either express or implied) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses, Trojans, bombs, time-locks or any other data code or harmful mechanisms (which can corrupt or affect the operation of the Website or our systems) of the website content.
Rentals
Neither Helen Melon Properties nor any of its directors, employees, officers, representatives, agents, consultants, suppliers, service providers or sub-contractors ("Indemnified Parties"), shall be liable for any direct, indirect, special, or consequential losses or damages of whatsoever nature that may result from:
  • your access to or use of this website; or
  • your purchasing and/or using any of the products and services available on this website; or
  • the unavailability of any of the products or services provided on this website; or
  • the inability to access this website or use the products and/or services available on this website.
  • the use of hyperlinks on this website or the use of or reliance on any website from which you hyperlink to or from this website; or
  • access and/or use of this website by any person in a jurisdiction from which such activity is prohibited; or
  • the submission or transmission of information or material on or through this website by you; or
  • the violation of these conditions of use or any other laws, regulations and rules by you; or
  • information or material which you have submitted to Helen Melon Properties and/or Helen Melon Rentals which violates any law or breaches any third-party’s rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copy right or any other intellectual property rights).
  • Your interaction with any supplier.  Such interactions may include but are not limited to, any stay made at any accommodation or services booked through Helen Melon Properties website.
You hereby indemnify and hold harmless the Indemnified Parties against any losses, damages, liability, claims or costs of whatsoever nature, whether compensatory, direct, incidental, consequential or otherwise incurred by the indemnified parties arising from or in any way related to the above conditions.
Helen Melon Properties disclaim all liability for any loss, damage, injury, or expense however caused, arising from the use of or reliance upon, in any manner, the information provided through the rental division on the website, and does not warrant the truth, accuracy or completeness of the information provided by the property owner.
We do not perform site inspections of the properties advertised for rental on the Helen Melon Properties website. We accordingly make no warranties concerning the accuracy or completeness of the information supplied by the property owner listed on this website or of information supplied by users of this website.
All rates published on the website are subject to change without notice, prior to a booking being confirmed. It is your responsibility to reconfirm rates and service expectations when making a booking. All information supplied on the Helen Melon Properties website is a guide only and is subject to change without notice.
You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on this website to Helen Melon Properties and we shall use our reasonable endeavours to correct and/or remove such content, or any part thereof, if you provide reasonable grounds to prove the alleged nature of such content. You may report such information to info@helenmelonproperties.co.za
While every effort is made to ensure that all information on the website is updated and correct, Helen Melon Properties shall not be liable for any loss, breach, damage (whether direct, consequential, general, or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to Helen Melon Properties through this website.
Helen Melon Properties is not an owner, nor are they providers of properties.
Helen Melon Properties obligations in terms of rentals are limited to facilitating the availability of the accommodation.
Helen Melon Properties does not act as an insurer or as a contracting agent for the property owner. In the event of a guest requesting a booking of the accommodation forming the subject of a listing posted by Helen Melon Properties, and where the guest stays at the accommodation, any agreement entered by and between such guest and the property owner is between such parties exclusively.
Notwithstanding the generality of the above, Helen Melon Properties serves as the limited authorised agent of the property owner for the purpose of accepting payments from guests on behalf of the property owner and Helen Melon Properties is responsible only for transmitting such payments to the property owner.
Subject to Chapter 7 of the ECT Act, Helen Melon Properties, its officers, employees, suppliers, resellers, partners, affiliates, and agents, shall not be liable for any damage, loss, or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Helen Melon Properties disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this website in any manner.
Helen Melon Properties has no control over third party content and features which may be accessed using this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest extent permissible under law, Helen Melon Properties disclaims any liability whatsoever for any loss or damage arising from the use of third-party websites contents and features.
Interception and Monitoring
Subject to the Regulation of Interception of Communications and Provision of Communication-related Information ACT of 2000, Helen Melon Properties monitors its network for the purpose of optimising and securing the services and this website. In doing this, anonymised information is utilised.
To the full extent necessary under law, you hereby acknowledge that you are aware of such potential monitoring and/or interception and contents thereto.
YOU HEREBY INDEMNIFY HELEN MELON PROPERTIES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY THIRD-PARTY LINKS.
Please contact us to report any possible website malfunctions or errors by way of email to info@helenmelonproperties.co.za.