Terms & Conditions for Falcon Estates Auctions (A Division of Falcon Estates (Pty) Ltd)
Effective Date: 28 October 2024
Welcome to the Falcon Estates Auctions website, www.falconauctions.co.za (the “Site”). These Terms and Conditions govern your access to and use of our Site and services provided through Falcon Estates (Pty) Ltd’s division, Falcon Estates Auctions (“Services”). By accessing or using our Site, you agree to these Terms and Conditions in their entirety. If you do not agree, please do not use our Site.
1. Definitions
– “User” refers to any individual or entity accessing the Site and utilizing our Services.
– “Personal Information” refers to any information that can identify you as an individual.
2. Services Offered
Falcon Estates provides the following Services:
– Online property sales and rental services
– Online bidding and auctioneering for real estate properties
– Information and resources related to property transactions
3. Registration and Account
3.1 User Registration
To access certain features of our Services, you may need to register for an account. You agree to:
– Provide accurate, current, and complete information during the registration process.
– Maintain the security of your password and accept responsibility for all activities that occur under your account.
– Notify us immediately of any unauthorized use of your account or any other breach of security.
3.2 Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms and Conditions or engage in any fraudulent or illegal activities.
4. User Obligations
As a User of our Site and Services, you agree not to:
– Use the Site for any unlawful purpose.
– Attempt to gain unauthorized access to any part of the Site, other accounts, or networks.
– Post or transmit any harmful or offensive content.
– Misrepresent your identity or affiliation with any person or entity.
5. Auctions and Bidding
5.1 Bidding Process
– Bids may only be placed by registered Users. By placing a bid, you acknowledge that you are entering into a legally binding contract to purchase the property if your bid is accepted.
– The auction details, including start time, end time, and property descriptions, will be provided on the Site.
5.2 Winning Bids
If you win an auction, you are obligated to complete the purchase as per the terms specified. Failure to do so may result in penalties, including but not limited to suspension from future auctions.
6. Payments
Payment for winning bids must be made promptly and as specified in the auction terms. Accepted payment methods will be outlined during the bidding process. You are responsible for any applicable taxes or fees.
7. Intellectual Property
All content on the Site, including text, graphics, logos, and software, is the property of Falcon Estates (Pty) Ltd or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our prior written consent.
8. Limitation of Liability
To the fullest extent permitted by law, Falcon Estates (Pty) Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Site or Services. Our total liability for any claim arising from these Terms and Conditions shall not exceed the amount paid by you for the Services in question.
9. Indemnification
You agree to indemnify and hold harmless Falcon Estates (Pty) Ltd and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising from your use of the Site or violation of these Terms and Conditions.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from these Terms and Conditions shall be resolved in the competent courts of South Africa.
11. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the new Terms and Conditions on this page. Your continued use of the Site after changes are posted constitutes your acceptance of the new Terms and Conditions.
12. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at falcon@falconestates.co.za.
