Pitchfour

1. Pitchfour is a system whereby estate agents/property practitioners pitch to owners for the purposes of marketing their property for selling or renting.
2. It is a system where estate agents pitch to win mandate leads, which they then use to contact the property owners to get the mandate to market the property.

 

 

1. For Property Owners

    

   1. By using Pitchfour you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that PROPERTYCENTRAL may prescribe from time to time and existing Terms and Conditions prescribed by PROPERTYCENTRAL. These Terms and Conditions may be changed in the future without notice and your continued use of this website signifies your acceptance of the updated and/or modified Terms and Conditions.
   2. Any new features or tools which are added to this website shall also be subject to these Terms and Conditions.
   3. Registering your property on Pitchfour is for the purpose of estate agents to pitch to market your property for rent or to sell ie. get the mandate to market your property.
   4. You agree to register the correct property details of the property you wish to market.
   5. You agree to have your contact informatin, name, address will be shared with estate agents once you have accepted their pitch and you will be contacted by agents to market your property
   6. You agree not to provide misleading information.
   7. You agree that once you have accepted the pitch your contact details will be unmasked to the respective agents.
   8. Accepting a pitch is not accepting a mandate, it is a lead allowing agents to contact you.
   9. Accepting a pitch is not binding on you to accept a mandate.
   10. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this website.
   11. You are required to review the agent once your transaction is complete. Please ensure a fair review.
   12. You agree that by using Pitchfour you are using it to find an estate agent to market your property only.

    

2. For Property Practitioners/Estate Agents Using Pitchfour

    

   1. The purpose for which this platform has been established is to provide advertising and marketing services for property sales and rentals by Property Practitioners (Estate Agents) and individual property owners; and to promote the services we provides, namely advertising and marketing solutions to companies and individuals. The services offered on this website may be stated on various platforms. The information provided on such pages are subject to change.
   2. The user’s access to and use of pitchfour is solely at the user’s own risk.
   3. Winning a pitch or lead constitutes winning a lead to contact the owner of the property an agent has pitched for, it is not a mandate to market said property. The owner's details will be unmasked once payment is complete.
   4. Once an owner accepts your pitch, your credit card or wallet will be charged for the amount. You will not be notified beforehand. By entering your credit card details you accept that you will be charged for the winning pitch automatically.
   5. Once an owner accepts a pitch it is not binding in any way. The agent/property practitioner needs to contact and contractually complete the mandate.
   6. Once an agent has won the pitch, and the owner's details are unmasked there will be no refunds.
   7. There are multiple pitches put forth per property by multiple agents and multiple accepted pitches, unless it is awarded as a sole mandate win.
   8. There will be one or more winning pitches, not a singular pitch.
   9. The onus is in the agent to contact an owner and close out the mandate and offer to sell.
   10. As a winning agent, the agent is obligated to contact the owner expeditiously to get a sale or rental mandate.
   11. The fees,commission and amounts offered on your pitch is binding unless there is a significant change of pricing or other conditions pertaining to the property.
   12. The agent accepts that the owner will review the agent.
   13. General

        

       1. Certain services and services incidental thereto may be made available exclusively through this website, which may change from time to time.
       2. We reserve the right to claim damages from and/or institute criminal proceedings against a user for misuse or infringement of any content published on the website.
       3. Use of this website does not confer any rights, licenses, contracts and/or permissions on the user unless expressly set out in these Terms and Conditions.
       4. The user hereby agrees not to use the website for any purpose that is unlawful, improper or prohibited by these Terms and Conditions or laws of the Republic of South Africa.
       5. The Client acknowledges that the Service Providers’ terms and conditions of service shall govern the use of such platform or component as between PROPERTYCENTRAL and such Service Provider. The Parties further record and agree that PROPERTYCENTRAL shall, at anytime during the term of this Agreement, be entitled to appoint and/or terminate the services of such Service Providers provided that such appointment and/or termination of Service Providers shall not be materially detrimental to PROPERTYCENTRAL’s performance of its obligations and/or compromise the service levels agreed to in terms of this Agreement.
       6. PROPERTYCENTRAL, PITCHFOUR, its owners, employees, shareholders will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from Pitchfour and/or PROPERTYCENTRAL.
       7. Termination: the proprietor of this website has the right to suspend or terminate your access to and use of this website at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the proprietor at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.
   14. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION, PRICING, COMMISSIONS AND PITCHES

        

       1. We are not responsible if information made available on this website/pitchfour is not accurate, complete or current. The content and/or material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
       2. Any reliance on the content and/or material on this website is solely at the user’s risk.
       3. PropertyCentral is not responsible for pricing, offers, pitches, commissions offered by agents, owners and users.
       5. The user of this website hereby acknowledges and agrees that the responsibility to monitor changes to this website as well as these Terms and Conditions falls on the user.
   15. ERRORS, INACCURACIES AND OMISSIONS

        

       1. Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to the service description, or information provided by users. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice.
       2. We undertake no obligation to update, amend or clarify information in the service or on any related website, should be taken into indicate that all information in the service or on any related website has been modified or updated.
   16. ELECTRONIC COMMUNICATIONS

        

       1. When a user visits the website and completes a contact form to request information, or when the user sends an email to us, and the user does not explicitly request a non-electronic communication medium; the user consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be ‘in writing’.
       2. The user acknowledges and accepts that the action to click on specified buttons on certain web forms on the website may constitute an expression of consent, agreement or other statement, as the case may be.
   17. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

        

       1. No agreement shall be concluded merely by sending a data message to this website or its proprietors. Valid agreements require an offer, acknowledgment of an offer and acceptance thereof from PROPERTYCENTRAL and PITCHFOUR.
       2. No email message shall be deemed to have been received by PROPERTYCENTRAL/PITCHFOUR until a response has been issued from PROPERTYCENTRAL/PITCHFOUR. An automated response from PROPERTYCENTRAL/PITCHFOUR shall not satisfy this requirement.
   18. PERSONAL INFORMATION

        

       A user’s submission of personal information on the website is governed by our Privacy Policy which can be found on our website.

   19. DIRECT MARKETING

        

       This website may contain advertisements for related services products and goods, which each user shall have access to as a result of using the website. Furthermore, users who have provided their personal information in view of receiving a service from PROPERTYCENTRAL, as such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services offered by PROPERTYCENTRAL.

   20. PROHIBITED USES

        

       1. In addition to any prohibitions set out in these Terms and Conditions, the users of the website are prohibited from using the website or its content for:

           

          1. for any unlawful purpose;
          2. to solicit others to perform or participate in any unlawful acts;
          3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
          4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
          5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or diability;
          6. to submit false or misleading information;
          7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;
          8. to collect or track the personal information of others;
          9. for any obscene or immoral purpose; or
          10. to interfere with or circumvent the security features of the website or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related service for violating any of the prohibited uses.
   21. DISCLAIMER

        

       1. The website carries property advertisements, news, reviews and other content independently published by third parties on the website. The website is not involved in the buying, selling or development of the property process and must not be considered to be an agent, buyer and/or a developer with respect to the use of the website.
       2. PROPERTYCENTRAL shall not be responsible for any user entering into agreements or making decision whatever nature in connection with the posting of property ads, property information, personal owned property information, use of financial calculators and/or the contents thereof and/or any other information obtained on the website.
       3. Whilst PROPERTYCENTRAL has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
       4. In no event shall PROPERTYCENTRAL, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
       5. Insofar as the website contains links to any other internet websites, you acknowledge and agree that PROPERTYCENTRAL does not have control over any such website and PROPERTYCENTRAL shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
   22. LISTING CONTACT SERVICES

        

       1. If you use the PITCHFOUR contact service (Listing and Contact Service) then, in addition to the terms and conditions above, the following terms and conditions apply.
       2. In the following, "material" includes any text, photographs, floor plans or other material prepared and submitted by any third party service provider on your behalf.
       3. PROPERTYCENTRAL and PITCHFOUR are not, and do not hold themself out to be:

           

          1. an estate agent generally, or an "estate agent" as defined and contemplated in the Estate Agency Affairs Act, 1976, as amended, or any replacement legislation, in particular; or
          2. an attorney, conveyancer, financial or tax advisor, mortgage bond originator, or appraiser.
          3. A property practitioner or master practitioner as defined and contemplated in the Property Practitioners Act No. 22 of 2019, as amended, or any replacement legislation, in particular; or
       4. PROPERTYCENTRAL has no power as agent or otherwise to negotiate or conclude any agreement on your behalf, and no such power must be inferred. You are liable for all obligations and consequences howsoever arising from your negotiation or conclusion of any agreement pursuant to the use of the Listing Service. You are strongly urged to make detailed enquiries about any party that you intend negotiating or contracting with, and to obtain advice from a qualified professional before concluding any contract.
       5. You use the Listing and Contact Service at your own risk.
       6. When using the Listing and Contact Service you may not submit any material that:

           

          1. is unlawful;
          2. is harmful to minors;
          3. is fraudulent, false or misleading;
          4. infringes any third party intellectual property, personal, confidentiality, or other rights; or
          5. is defamatory or obscene.
       7. You are solely responsible for all material that you submit and any consequences that may result from your submission. PROPERTYCENTRAL has the right (but not the obligation), in its sole discretion and without notice, to refuse or to delete any material that PROPERTYCENTRAL in its sole discretion considers to be in breach of these terms and conditions.
       8. You must submit all material in the format and detail determined by PROPERTYCENTRAL from time to time.
       9. PROPERTYCENTRAL has the right (but not the obligation), without notice:

           

          1. to monitor and moderate all material submitted on the Listing Service; and
          2. to refuse or to restrict any user's use of the Listing Service, temporarily or permanently.
       10. PROPERTYCENTRAL:

            

           1. is not responsible for the accuracy of any material that is submitted; and
           2. and does not endorse any material submitted or product listed, and no such endorsement must be inferred, or claimed by you.
       11. You grant PROPERTYCENTRAL a perpetual, royalty-free, transferable right to publish all material submitted by you.
       12. You must comply with all applicable laws, including (without limitation) the Consumer Protection Act, 2008 (in particular, sections 29 to 39 of that act) and the Alienation of Land Act, 1981.
       13. If you instruct PROPERTYCENTRAL to contract with any third party to prepare and submit material on your behalf, PROPERTYCENTRAL is not liable to you for any damages or costs howsoever arising as a result of any act or omission on the part of the third party, including (without limitation) any deficiency in the material, or damage or loss incurred at your premises when the third party renders the service; and you indemnify PROPERTYCENTRAL accordingly.
       14. You agree to pay all fees and other amounts charged by PROPERTYCENTRAL for using the Listing and Contact Service from time to time. If you fail to pay the fees when due, PROPERTYCENTRAL may (without prejudice to any other rights it may have), without notice, suspend your use of the Listing Service temporarily or permanently. Fees are not refundable.
       15. As noted above PROPERTYCENTRAL is not an attorney, conveyancer, property practitioner or estate agent, and does not purport to be any of those.
       16. PROPERTYCENTRAL is not able to, does not, and does not purport to provide any legal services.
       17. In no event shall PROPERTYCENTRAL be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) howsoever arising out of or in any way connected with your use of this Service, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise. You indemnify PROPERTYCENTRAL accordingly.
   23. COPYRIGHT

        

       1. Copyright © PROPERTYCENTRAL 1 New Road Office Park, 5 New Road, Midrand. All rights not expressly granted remain reserved.
       2. Copyright shall vest in all the content contained on the website, irrespective of the form in which it is displayed or presented. We retain its entire right, title and interest in and to the content of the website.
       3. Use of the website by a user does not confer any license or permission by us to the use of the content of the website, save for personal use by the user. Commercial use of any of the content of the App is prohibited unless written permission is obtained from us, in which event the document granting right of use will expressly provide the extent and limitations of the use of the content of the website.
       4. Notwithstanding any other provisions in these Terms and Conditions, the rights as it relates to the content of the website remain reserved.
       5. Your attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.
   24. INTELLECTUAL PROPERTY RIGHTS

        

       1. All content included on the website, including but not limited to the any information, posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in the website are protected by South African and International Intellectual Property Treaties.
       2. Any compilation, meaning; the collection, arrangement and assembly, of all content on the website is the property of PROPERTYCENTRAL either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.
       3. The user will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from the App, mirror or cache information provided on the website, on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this website, without the prior written permission of us.
       4. All Trade marks reflected on the App are the exclusive property of IPROPERTYCENTRAL. Unauthorised use of these Trade marks is prohibited. Full details of the Trade marks owned by PROPERTYCENTRAL in relation to this website are available upon request.
       5. Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in the website as it relates to the content of the website remain reserved.
   25. BREACH

        

       1. In the event that, the user of this website commits a breach of these Terms and Conditions, the Party will request the other party who committed the breach, by way of a written notice, to rectify the breach within a period of 7 (seven) days.
       2. If the Party in breach fails to rectify the breach within the time frame stipulated supra, the other party may terminate these Terms and Conditions, which constitutes an agreement, immediately.
       3. Nothing in these Terms and Conditions shall be interpreted to preclude any Party from instituting legal proceedings against the other Party who is in breach.
       4. The termination of these Terms and Conditions, for whatever reason, will not affect the rights of either the user of this website or the proprietor of this website, which:

           

          1. May have accrued before the termination of these Terms and Conditions; and
          2. Specifically, or by their nature survives the termination of these Terms and Conditions.
   26. DISPUTES

        

       1. In the event of a dispute between the user and any third party, we will not be involved in such dispute, unless we deem it necessary to protect its rights and interests.
       2. In the event of dispute between the user and the proprietor of this website, the user must address the proprietor of this website, in writing, and forward same to [email protected]. The administrator will contact the party involved in an attempt to resolve the matter.
   27. PRIVACY POLICY

        

       1. The provisions in these Terms and Conditions are in conjunction with the provisions as contained in the Privacy Policy as provided for on the website, which can be found below.
       2. A user undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity.
       3. We agree not to use, without a user’s express consent, a user’s personal information for any purpose other than it was disclosed.
       4. Although we take every precaution to protect the private information of users, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
       5. We agree to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.
       6. We undertake not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.
       7. We undertake never to sell or make available the personal information of a user to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
       8. We shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a user directly.
       9. As a listing platform for the purposes of marketing it is understood that contact information is provided to be displayed on the websites for the purposes of being contacted by prospective clients, either directly or through website features. This information can be, but not limited to, name, surname, cell number and email address, to be displayed for advertising purposes
   28. PLATFORM SECURITY

        

       1. We will take reasonable steps, to secure the electronic content, and the information provided by and collected from the user, from unauthorised access (hacking) and/or unauthorised disclosure. However, we do not make any warranties nor any representations that content will be 100% (one hundred percent) safe and secure.
       2. General and technical information is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their own browser settings.
       3. We are under no legal duty to encrypt any content or communications from and to the website and is also under no legal duty to provide digital authentication of any page on the website.
       4. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, but not limited to, to the website or the server and computer network that support the website.
       5. Notwithstanding criminal prosecution, any User who delivers any damaging code to the website, whether on purpose or negligently, will, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses the proprietor of this website and its partners / affiliates may suffer as a result of such damaging code.
       6. Users and visitors of this website may not develop, distribute or use any device to breach or overcome the security measures of the website and we reserve the right to claim damages from any and all persons concerned with a security failure or breach of these Terms and Conditions.
   29. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

        

       1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services provided from and through the website. Furthermore, we makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free.
       2. This website is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with us, that the service available from and through this website will meet the user's individual requirements.
       3. Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of PROPERTYCENTRAL.
       4. The user’s use of the website is dependent on factors beyond the control, such as but not limited to, the user’s network coverage or availability, the user’s ISP availability or the user’s device capability or capacity.
       5. We are not liable for any loss or damage the user may suffer if a factor beyond its control arises and the user cannot access the website.
       6. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
       7. No information or data on the website constitutes an offer to do business, but merely an invitation to consider the service provided by PROPERTYCENTRAL.
       8. No agreement shall be concluded merely by sending a data message via the contact form contained on the website or to any email address listed on the website.
       9. No data message sent via the contact form contained on the website or to any email address listed on the website shall be deemed to have been received by us until a response has been issued by us, an automated response from us shall not satisfy this requirement.
   30. WAIVER AND SEVERABILITY

        

       1. Any failure or delay by us to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
       2. In the event that any Term and Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining Terms and Conditions. The remaining Terms and Conditions will remain enforceable and applicable.
   31. CHANGES AND AMENDMENTS

        

       1. We expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

           

          1. Change these Terms and Conditions. The user of this website can review the most current version of these Terms and Conditions at any time by accessing the ‘Terms and Conditions’ link on the website;
          2. Change the content and/or services published on the website;
          3. Discontinue any aspect of the website, or services published on the website; and/or
          4. Change the software and hardware required to access and use the website.
   32. TERMINATION

        

       1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
       2. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
       3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.
   33. GOVERNING LAW & JURISDICTION

        

       1. These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.
       2. Nothing in these Terms and Conditions limits either Parties right to approach a competent Court, tribunal or forum of competent jurisdiction in respect of any dispute arising in connection with this App and which cannot be settled on the basis described in these Terms and Conditions.
   34. INTERNATIONAL USE

        

       The website has functionally worldwide, notwithstanding the aforementioned, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any materials available on this website are appropriate for use outside of the Republic of South Africa. Any access to materials on the website, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this website from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.

   35. LEGAL COSTS

        

       We will not be liable for costs incurred by users to obtain professional advice relating to these Terms and Conditions.

   36. ENTIRE AGREEMENT

        

       These Terms and Conditions constitute the entire agreement between the proprietor of PITCHFOUR and a user of the PITCHFOUR in relation to your use of this website, and supersede all prior agreements and understandings.