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Terms of Use

Mzanzi service standard terms and conditions for users

INTRODUCTION

  1. Kanta Investments (Pty) Ltd trading as Mzanzi Service herein referred to as (“Mzanzi Service”) hosts a YouTube related platforms Mzanzi Service and a website under domain name www.mzanziservice.com for the reviewing and related services including advertising of general services registered on this website.
  2. Mzanzi Service may amend these standard terms and conditions (“STC’s”) at any time.
  3. These Standard Terms and Conditions written on the company website and related platforms shall manage your use of our related platforms. By using any of Mzanzi Service and related platforms, you agree to accept all terms and conditions.

APPLICATION TO USERS

  1. These STC’s are applicable to each user who posts videos on the Website (“User”) and the related platforms.
  2. By logging in, registering on, accessing, or using the Website or the related platforms, all persons making use of the Website and related platforms (“Users”) agree to be bound by these STC’s, except those provisions which, explicitly or implicitly, only apply to Users. 3

MZANZI SERVICE’S GENERAL OBLIGATIONS AND WARRANTIES

  1. Mzanzi Service must provide the following services to the Users:
  1. display on the Mzanzi Service and related platforms the videos provided to it by the User from time to time and subject to the limitations as to the number, type, content, and design of Videos as reasonably determined by Mzanzi Service from time to time.
  2. 2. provide a telephonic support service from Monday to Friday, from 09:00 to 17:00, for Users.
  1. Mzanzi Service makes no warranties of any kind regarding the standard of the services or the content on the Website and the related platforms and Mzanzi Service does not warrant that:
  1. the Website and related platforms are error-free.
  2. the Website will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis: and
  3. that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.
  1. This Website and the related platforms are provided “as is,” with all faults, and Mzanzi Service express no representations or warranties, of any kind related to the Website or the materials contained on the Website. Nothing contained on this Website and the related platforms shall be interpreted as advising you.

THE USER’S OBLIGATIONS AND WARRANTIES

  1. The User must, at its cost:
  1. include the information and details supporting each video as reasonably specified by Mzanzi Service from time to time.
  2. ensure that none of the information or videos provided by it to Mzanzi Service includes any content that:
  1. is false, misleading, or incorrect.
  2. may be considered abusive or offensive; *
  3. infringes the intellectual property rights of any third person; or
  4. infringes the privacy and protection of personal information rights of any third person.
  1. comply with all applicable legislation, laws, and regulations regarding the conduct of its business and the placement of Videos on the Website.
  1. The User warrants that the content, form and design of the videos and other information provided by the User to Mzanzi Service does not, and will not, infringe any intellectual property rights of any other person. The User indemnifies Mzanzi Service and holds it harmless against any claim made against it because of this warranty not being true or any other breach of these STC’s or the Contract.

 

* MZANZI SERVICE BELIEVES THAT ALL CONSUMERS SHOULD BE TREATED EQUALLY REGARDLESS OF GENDER, RACE, CREED, SOCIO-ECONOMIC STANDING OR NATIONALITY. WE WILL NOT CONDONE OR TOLERATE ANY FORM OF DISCRIMINATION FROM OUR ADVERTISERS AND EXPECT THEM TO CONDUCT THEMSELVES ETHICALLY WHEN ADVERTISING THROUGH THE WEBSITE.

 

USE OF THE WEBSITE

  1. Each User acknowledges that Mzanzi Service does not verify or warrant the accuracy or completeness of the videos or other information on the Website and the related platforms.
  2. Mzanzi Service uses “cookies” on the Website to enable it to personalize each User’s visits to the Website, simplify the signing-in procedure, keep track of your preferences and to track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of the User’s computer by the browser. The browser will have the option to prevent websites using cookies, but this may reduce the functionality of the Website.
  3. No-one may link to any page on the Website without Kanta Homs’s prior written consent. The Website and related platforms contain links to other third-party websites over which the Mzanzi Service has no control. Mzanzi Service does not recommend any products or services advertised on those websites and the User/User uses them at its own risk.

 

RESTRICTIONS

  1. Users are specifically restricted from all the following:
  1.  publishing any Website and related platforms material in any other media.
  2. selling, sublicensing and/or otherwise commercializing any Website and related platforms material;
  3. using this Website in any way that is or may be damaging to this Website and related platforms.
  4. this Website in any way that impacts user access to this Website and related platforms.
  5. using this Website and related platforms contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website and related platforms.
  7. using the Website and related platforms to engage in any advertising or marketing. 7. PRIVACY

POLICY AND PERSONAL INFO

  1. Each User agrees that, by using the Website, they provide Mzanzi Service with certain personal information, including, without limitation, its name, company details, property searches, addresses, contact numbers, email address, Videos, sales statistics, location information, valuations, prices, and rentals (“Personal Info”).
  2. Mzanzi Service collects Personal Info to compile the Website and the related platforms, provide services to the users and related purposes. It is mandatory for the User / User to provide some Personal Info to access the Website and the related platforms, as indicated on the Website.
  3. By using the Website and related platforms, each user explicitly consents to Mzanzi Service using or disclosing the Personal Info in the following circumstances:
  1. for communication purposes from time to time, provided that the User / User may request to be removed from a communication system.
  2. de-identified or aggregated Personal Info may be used for statistical and data analysis purposes.
  3. to improve the Website and the related platforms, to improve and develop new products, features and services.
  4. in the ordinary course of its business and for promotions and marketing;
  5. for use by its business partners for commercial or marketing purposes.
  6. to any party if it believes that it is required by law or by a court to do so or if Mzanzi Service believes that this is necessary to prevent or lessen any unlawful or harmful actions.
  1. In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right:
  1. of access to and the right to rectify the Personal Info collected.
  2. to object to the processing of Personal Info.
  3. to lodge a complaint with the Information Regulator whose details may be obtained from Mzanzi Service.

INDEMNITIES AND WAIVERS

  1. Each User and User hereby acknowledges that:
  1. MZANZI SERVICE is not an estate agent, attorney, financial adviser, or other professional adviser.
  2. each User/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Videos on the Website.
  3. there is no obligation on a User/User to make use of any of the service providers advertised on the Website.
  4. Mzanzi Service does not regulate or take any responsibility for the content, accuracy or completeness of the Videos, the User’s/User’s information or for the security of the User’s/User’s passwords in respect of the Website.
  1. Each User and User hereby waives any rights or claims it may have against MZANZI SERVICE in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered because of the User’s or User’s use or inability to use the Website or the services or content provided from and through the Website. 9.

CONFIDENTIALITY

  1. Each User and User undertakes to:
  1. keep confidential all information, whether written or oral, concerning the business and affairs of Mzanzi Service and of each other whether obtained from that party or any third party (“the Information”).
  2. not disclose the Information to any person other than its employees, agents and/or consultants involved in the implementation of this agreement, without that party’s prior written consent.
  3. use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and
  4. keep confidential the terms and conditions of this agreement.
  1. The provisions of this clause do not apply to any Information which is:
  1. independently developed by the recipient.
  2. publicly available without breach of this agreement; or
  3. released for disclosure by the disclosing party with its written consent.

 

INTELLECTUAL PROPERTY INDEMNITIES

  1. All the content on the Website and the related platforms, including all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name “Private Property” and the associated logo (which are both registered trademarks) the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of Mzanzi Service.
  2. The Users must not reverse-engineer or attempt to copy the Website in any way. The User and Users may not use any automatic device or manual process to monitor or copy any part of the Website.
  3. Userss are granted limited license only for purposes of viewing the material contained on this Website.

 

PHOTO AND VIDEO CONTENT

  1. By posting a video on the Mzanzi Service Website and related platforms, the user gives Mzanzi Service the right to publish the video of their properties on the Mzanzi Service website and related platforms and the Mzanzi Service social media platforms for a period no less than a year.
  2. To the extent that Mzanzi Service produces or procures any videos, or photographic content, including High-Definition videos and High Dynamic Range photography, (collectively “Visual Content”) for the User, at the User’s request and cost:
  1. Mzanzi Service will always own all the copyright and other intellectual property in the Visual Content.
  2. Mzanzi Service licenses the User to link or use the Visual Content on its own estate agency website and its own social media platforms, provided that the specific media related platforms have been approved in writing by Mzanzi Service in its Acceptable Usage Policy or elsewhere and has not been expressly prohibited by Mzanzi Service in any document or notification.
  3. the User and the Users may not digitally link, nor permit or direct the placement of, the Visual Content on any other website or digital marketing related platforms whatsoever, except as set out above.
  1. Any breach by the User of the obligations in this clause will be a material breach of this agreement, entitling Mzanzi Service to suspend or terminate its service to the User. 4. Mzanzi Service may, in its discretion, amend the nature or format of the Visual Content that it makes available for subscription or use by the User.

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VARIATION OF TERMS

  1. Mzanzi Service is permitted to revise these Terms at any time as it sees fit, and by using this Website and related platforms you are expected to review these Terms on a regular basis.

 

SUB-CONTRACTING

  1. Mzanzi Service may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the User/User. 2. The User/User may not cede or assign any of its rights or obligations in terms of this agreement without Mzanzi Service’s prior written consent

 

DISPUTE RESOLUTION:

  1. Any dispute arising between the Parties in connection with the terms and conditions of the Website will in the first instance be referred for resolution to the respective Managing Directors of each Party who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. If the Managing Directors are unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause.
  2. Any dispute referred to arbitration in terms of this clause shall be held:
  1. in accordance with the rules of the Arbitration Foundation of Southern Africa or any successor or replacement body (if any); it being the intention that the arbitration will be held and concluded within 21 Business Days after it has been demanded.
  1. The decision of the arbitrator will be final and binding on the Parties and there will be no right of appeal and the arbitrator’s decision may be made an order of court at the instance of any Party to the arbitration.
  2. Nothing herein contained will prevent or prohibit either Party from applying to the appropriate court for interim or urgent relief.

 

GOVERNING LAW:

  1. This Agreement shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.

 

MAIN TERMS AND CONDITIONS:

  1. These terms and conditions form part of the main terms and conditions of Mzanzi Service. In the event of an inconsistency between these terms and conditions and the main group terms and conditions, the main Mzanzi Service terms and conditions shall prevail.
  2. Upon acceptance and these terms and conditions, userss agree, and they have revised and had the necessary sight and understanding of the main terms and conditions of Mzanzi Service as contained on the Mzanzi Service website and related platforms.
  3. Userss further agree that in addition to being bound by these terms and conditions, they are bound by the main terms and conditions of Mzanzi Service.