By logging into or using MyRoof, the user hereby agrees and warrants:
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That your login details will be used by the user alone.
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That your login details will not be disclosed to any third party.
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That any contact details obtained from MyRoof.co.za will not be used to contact any MyRoof clients
in order to sell the client’s property, unless otherwise specified by MyRoof.
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The Seller of a privately listed property, not represented by an estate agent on MyRoof entered into
an agreement with MyRoof to market and sell the property listed on this website and by contacting
the Seller you agree that you were introduced to the property by MyRoof.
General security
- Myroof.co.za will do its best to offer you a secure and reliable service.
- In turn, you agree not to compromise the security or tamper with any information, data, resources,
accounts or records of any person on the website.
Using the website
By using the website, you agree to:
- Follow generally acceptable Internet etiquette
- Indemnify Myroof.co.za free from any loss or damage of whatever nature caused as a result of using
the website.
- Follow all laws applicable to the intellectual property rights of all content and available services
by accessing the Myroof.co.za website.
- Not resell any content or use Myroof.co.za’s content for monetary gain, unless permitted by
Myroof.co.za in writing.
- Not to copy any software, reproduce any part of any content or service or use any software and/or
content in any work or publication.
- Not copy or use any photos, floorplans or other content published on MyRoof on any other website or advertising material.
You also agree that:
- Your right to access the MyRoof.co.za website does not give you any rights on any intellectual
property, content, trade marks, copyrights, registered designs, patents, domain names, know-how,
trade secrets or rights of MyRoof.co.za or any of our service/content providers.
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You as the advertiser will mark the property via the system as SOLD when it has registered in the
new owners name or it is for any reason not for sale anymore. In this event the property will still
display on the MyRoof website but no contact details will be available.
Myroof.co.za disclaims:
- All liability as to the quality and or accuracy of any content or available service, or to the
fitness for a particular purpose of any content or available service on the MyRoof.co.za website.
Indemnity
- By using the site you indemnify MyRoof.co.za from liability for loss or damage of whatever nature
and howsoever arising from your use of the MyRoof.co.za website and or any services, content or
obligation in terms of these terms and conditions.
- We expressly disclaim any and all implied warranties, including, without limitation, warranties of
merchantability, accuracy of measurements, title, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
Breach
- Should the website user break any of the terms and conditions set out in this agreement,
MyRoof.co.za can in its sole discretion make a decision to terminate this agreement and recover all
and any costs related to such termination and or terminate, without notice, your access to the
MyRoof.co.za website and or any MyRoof.co.za services you might be subscribed to.
Payment for Listings
- MyRoof.co.za offer a FREE or paid appointment slot to a seller when booking an appointment on the site
- If you have booked a FREE appointment slot the advertising service will be at no charge.
- If the paid appointment option was taken payment will have to be done on the system before confirmation of the appointment.
- Please note that MyRoof will send out a property lister to your property if that was indicated as part of the option chosen. If for ANY reason he/she cannot get access to the property as per appointment details this service will not be offered again as FREE and no refund will be given on any money paid.
- MyRoof can charge a fee at their discretion to reschedule the appointment.
- MyRoof can change the services offered as part of a free or paid appointment at any time
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Estate agents:
- Can list their properties on MyRoof free of charge.
- Can buy credits to boost/upgrade their properties. Credits purchased cannot be refunded and remains valid for use on www.myroof.co.za for a period of 12 months.
- Can upgrade any free listing to a pro listing for a daily fee as indicated when upgrading the listing.
- Can boost any free or pro listing by paying a daily fee as indicated when requesting to boost the property.
- All pro and boosting fees are paid from the users’ credits per calendar day or part thereof and no refunds will be given under any circumstances. These daily fees will be subtracted from the users available credits daily until it is cancelled by the user or the user has no more funds available.
- Only accepted payment methods are Credit Card and EFT. No cash deposits allowed.
- Refunds could incur banking cost.
COOLING OFF PERIOD AND REFUNDS for DIRECT MARKETING Contracts
- If MyRoof contact you, either in person, by mail, phone, fax or sms, for the purpose of promoting or offering to supply you with its services pertaining to advertisements on the MyRoof Website there will be a "Direct Marketing Contract" between yourself and MyRoof.
- You may, without reason, cancel a Direct Marketing Contract, by giving written notice to MyRoof within 5 business days of concluding such Contract.
- Within 10 business days of receiving written notice of cancellation from you, MyRoof will refund you the total amount received in respect of that Direct Marketing Contract.
- Except if stated otherwise, no refunds will be given by MyRoof under any circumstances.
Cancellations
- A paid listing can be cancelled for a full refund in writing up to 24 hours before the appointment time. There will be no refund for any appointment cancelled within the last 24 hours before the appointment time.
- Once a listing has been upgraded/boosted to a pro listing or higher position, the first days daily cost for the upgrade/boost will be deducted from the users’ available balance and cannot be refunded.
- The user can cancel any upgrade/boost at any time using the website and no further funds will be deducted.
Accepting Offers
- Once an offer is accepted via the MyRoof system by the property owner, MyRoof.co.za will inform the
prospective buyer via e-mail.
- This e-mail is sent from info@myroof.co.za to the e-mail address specified by the buyer when
registering.
- It remains the responsibility of the buyer to add info@myroof.co.za to his/her safe sender list to
make sure all emails sent by MyRoof.co.za are received timeously.
- Although every effort is taken to ensure that all emails are sent by MyRoof.co.za, we cannot
guarantee this.
Alteration To These Terms & Conditions
- MyRoof.co.za reserves the right to amend or change these terms and conditions at any time by posting
the last updated date at the bottom of the Terms and Conditions page.
- The user will then be responsible for reviewing the new Terms & Conditions. Continued use of the
website will warrant the acceptance of the new Terms & Conditions.
General Legal
- This agreement constitutes the whole of the agreement between you and MyRoof.co.za in regard to the
subject matter thereof, there are no other agreements, guarantees or representations, either verbal
or in writing, in regard thereto upon which you are relying in concluding this agreement.
General Usage
- MyRoof.co.za does its utmost to ensure that the content on the MyRoof.co.za website is accurate.
However, we do not guarantee that the information on the website, any tools available on the website
including calculators, software or content including maps and floor plans of Standard Bank mandated
properties, FNB properties, Estate Agent properties or private properties are
correct. MyRoof.co.za facilitates the marketing process for property listings on its website
www.myroof.co.za.
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There are 6 types of properties for sale on MyRoof.co.za:
- Free - Estate Agent
- Pro - Estate Agent
- Free – Private
- Pro - Private
- Bank
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Commission will be due to MyRoof if you purchase any of the following properties by using the MyRoof
facilities in any way:
- Developers can sell their own developments through MyRoof by means of a separate agreement only.
- By making an offer on any property listed in MyRoof.co.za online, you warrant that you understand
that making an offer is not entering into a binding process, except for Standard Bank repossessed
properties that are specified as online auctions.
- FNB and Standard Bank are acting in their sole and unbiased discretion, and for whatever
reason retain the right to accept or reject any offer at any time and are not obliged to accept the
highest offer.
- Standard Bank sells their bank repossessed properties on MyRoof.co.za using an electronic auction
process.
- Standard Bank repossessed properties on auction will be marked with as “Online Auction” and the
rules of the auction will be available on every property on auction.
- These auction rules form part of MyRoof.co.za’s general Terms and Conditions and are not separate
thereof.
Auction Rules
- By making a pre-auction offer you request to be notified of when the property goes on auction via
e-mail.
- You will also be notified of other pre auction offers. You can request not to receive notifications
of other pre-auction offers at any time by clicking on the provided link in the e-mail.
- All auction sales are non-suspensive and sold as is, in other words “voetstoots”.
- All properties will be sold with reserve unless otherwise stated.
- Properties on auction with a “reserve” will be sold subject to confirmation of the seller.
- No “BID” will be allowed to be made “ON BEHALF” of anybody unless the proxy giving a 3rd party
permission is uploaded as required.
- No bidder can withdraw a “BID” at any stage.
- The successful bidder must pay their deposit into the auctioneers trust account within 2 working
days (48 hours) of his bid being accepted by means of EFT (Electronic Funds Transfer). No other
payment method will be accepted.
- The outstanding balance of the bid price to be delivered by means of guarantee, mortgage finance or
cash.
- Should any dispute arise between two or more bidders, the property may be re-auctioned or the
auctioneer will declare who the successful bidder is.
- Should the auctioneer commit any error in conducting the sale, such mistake shall not be considered
binding either upon the seller or the purchaser but shall be rectified.
- The auctioneer shall have the right to re-auction any given property if the successful bidder does
not pay his deposit in the agreed time.
- The successful bidder cannot occupy the property prior to registration without special arrangement
from the seller.
- The auctioneer shall have the right to withdraw any property prior to the auction ending for any
reason whatsoever at the auctioneer’s sole discretion.
- Should any dispute arise between two or more bidders the lot may be put up for auction again or the
auctioneer may identify the purchaser.
South African Law
- These terms and conditions will be interpreted and used in conjunction with the laws of the Republic
of South Africa, and your use of MyRoof.co.za will reflect your approval and compliance to the
jurisdiction of South African courts.
- The latter will be true regarding all applications, transactions and proceedings as well as the
misuse or any violation of these Terms and Conditions.
Agent's Commission on Private Advertised Properties
- No agent’s commission is paid by the seller of properties sold via online auction.
- Agents are welcome to negotiate an agent’s commission from the buyer on such properties but the agreement must be made between the buyer and the agent.
- Neither MyRoof.co.za nor the banks and institutions advertising their properties on MyRoof.co.za will be responsible for paying commission or arranging commission for agents from buyers who buy properties on auction.
Insolvent property
Please take note of the following general information on buying this type of Insolvent property:
- The offer, once signed by the Purchaser, will be open for acceptance by the Seller for a period of
30 days. Should the Seller elect not to accept the offer, the Purchaser shall have no claim against
the Seller or MyRoof for failure of such acceptance.
- If accepted, the offer is subject to approval of the sale by the Court of the Master of the High
Court within 60 days of the Seller accepting the offer (or such extended date as parties may agree
to).
- A 10% deposit of the purchase price is payable by the Purchaser within 3 days of the offer being
accepted by the Seller.
- Transfer duty and legal conveyancing costs are payable by the Purchaser.
- Should the Seller be a VAT vendor, then the purchase price will be exclusive of VAT and shall be for
the account of the Purchaser. Either transfer duty or VAT will be payable (not both), depending on
the circumstances
- The property is sold voetstoots (meaning "as is").
- Occupation will be given on date of transfer, unless otherwise agreed. The Seller does not warrant
that the Purchaser will be able to obtain vacant occupation of the property. The property is sold
subject to existing tenancies.
- Where the property is guarded, an appointment must be made with the specific security company prior
to viewing the property.
- The Purchaser shall be liable to obtain all compliance certificates in respect of the property (e.g.
electrical compliance certificate).
Protection Of Personal Information
- In order for the Company to perform its obligations under this Agreement, the Client may need to disclose to the Company certain of the Client’s or third parties’ Personal Information (as defined in the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), as amended).
- In processing the Personal Information, the Company is required to develop processes, implement measures and controls compliant with POPIA
- The Company agrees that it shall not process the Personal Information whether for its account or for any reason or purpose whatsoever unless such is being done in compliance with POPIA
- The Company warrants that is has in place appropriate security measures, both technical and organisational, against the unlawful or unauthorised processing of information .
- The Client is provided with the Company’s Privacy Policy and Consent is given to the company by the Client continued use of the Company services.
Estate Agencies
- Myroof.co.za allows estate agencies to list the properties on the portal as long as the agent is registered with Property Practitioners Regulatory Authority (PPRA).
- Follows the conditions and rules set out by the PPRA.
- Follows the terms and conditions of this website.
Property Practitioners Regulatory Authority (PPRA)
- Myroof.co.za is registered with the PPRA (Please use https://theppra.org.za/ to confirm our current status)
Standard Bank, Nedbank, FNB and SAHL properties
- Banks/institutions Pay Commission to Agents as indicated on the property detail page upon successful registration of the property where such agent was the result of such sale and successfully logged the offer on the MyRoof system which was consequently accepted.
- Once a property is assigned to an agent for marketing it is only removed and the slot it filled vacated for re-assignment of another property when the property is sold.
- Agents agree to only assign properties to themselves in areas where they have proven sales experience/success in terms of suburb and price range.
- Agents' areas of specialization will be verified based on their current online presence, which will determine the properties they can assign to themselves.
- Agents with assigned properties agree to actively market their assigned properties on their company website and/or other property portals.
- MyRoof and its clients reserve the right to remove assignments from agents who cannot provide proof of sales experience in terms of suburb and price range at MyRoof and its clients' sole discretion.
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POPIA requirements for agents:
- All personal information accessed by estate agents by using MyRoof.co.za should be used in line with the POPI Act, which details can be viewed here: https://www.gov.za/sites/default/files/gcis_document/201409/3706726-11act4of2013popi.pdf
- The sellers' details, including the address, owner and or tenant details are provided solely for the purpose of selling their property and is not to be used for any other reason whatsoever.
- Under no circumstances are the seller's details to be divulged to any third party.
- Once a property has been sold or an agent un-assigns a property for marketing, the seller's details are to be removed completely from all storage and should not be used further for any purpose whatsoever.
- All estate agents using this website are governed by the PPRA code of conduct which can be viewed here: https://theppra.org.za/download.php?data_id=117
- All estate agents using this website are governed by the Estate Agency Affairs Act which can be viewed here: https://www.gov.za/sites/default/files/gcis_document/201504/act-112-1976.pdf
- Agents may only use the open market OTP when making offers on these properties. This OTP is available for download on the offer screen of each relevant property.
- By making an offer the agent making the offer confirms that he/she is duly registered with the PPRA and that all statutory requirements from the PPRA are in place and up to date.
- MyRoof reserves the right to remove any agent from the MyRoof interface at its sole discretion.
Indemnity
- By using the site you indemnify MyRoof.co.za and the banks and institutions advertising their properties on MyRoof.co.za from liability for loss or damage of whatever nature and howsoever arising from your use of the MyRoof.co.za website and or any services, content or obligation in terms of these terms and conditions.
- We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- MyRoof.co.za and the banks and institutions advertising their properties on MyRoof.co.za shall not be held liable for any losses, damages, or harm arising from fraudulent activities by third parties, including estate agents, who misuse information obtained from our website. This includes, but is not limited to, fraudulent transactions, bank transfers, identity theft, or misrepresentation.
