General Terms and Conditions

Introduction

1. Kayaswift (Pty) Ltd ('kayaswift') owns a website under domain name www.kayaswift.com for the online marketing of property listings for sale or rental and the advertising of service providers in the real estate, legal, Finance, Telco and related industries. Kayaswift may amend these standard terms and condition at any time without notice even though and will post all amendments to the terms and conditions page. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted. It is your responsibility to review our Website for any changes and you agree to be bound by such changes if you should continue to use the Services.

2. These terms and conditions are a binding agreement between you and Kayaswift and its affiliated companies.

3. By 'Services', we mean all the products and services owned and operated by Kayaswift, including the content, features, data, and software made available through www.kayaswift.com, our mobile applications, and other websites or applications we operate.

4. These Terms and Conditions written on this webpage shall manage your use of the website. By using this Website, you agree to accepting all these terms and conditions.

5. Please be sure to also review our Privacy Policy, which is also part of this Agreement

6. References to 'this Agreement' or 'Terms and Conditions' are references to these Terms and Conditions and all Schedules

Terms of Use

1. Users may not use the website in order to transmit, distribute, store or destroy material:

• in violation of any applicable law or regulation;
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
• that is defamatory, obscene, threatening, abusive or hateful.

2. The following is prohibited with respect to the website:

• Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
• Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
• Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
• Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without Kayaswift's prior written consent;
• Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
• Attempting to access any area of the website to which access is not authorized.

3. 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, photos or any such data from 3rd parties such as the listing users or bureau data is correct

4. By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.

5. We reserve the right to restrict certain of our Services to registered users.

6. You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account.

7. You agree not to sublicense, assign, or transfer the license granted to you under this Agreement

8.You agree that Kayaswift, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the Service may be without prior notice, and you agree that Kayaswift will not be liable to you or any third party for such termination.

General Obligations and Warranties

1. While kayaswift adheres to highest cyber security standards we offer no guarantees should there be a data breach or compromise to our system. We are therefore not liable for any such breaches including but not limited to a users bureau data, personal identifiable information and such related sensitive personal data.

2. Kayaswift will not share details of listed properties of any of the agents or home owners with other agents or home owners unless expressly written and consented by said parties.

3. To the fullest extent permitted by law, our services, our content, or other content available through our services are provided 'as is' and 'as available', with all faults and without warranty of any kind. Kayaswift, on behalf of itself, its affiliates, and the providers, disclaims all warranties of any kind, whether express or implied, relating to our services, our content, or other content available through our services including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage or trade.

4. You use our services, our content, or other content available through our services, at your own discretion and risk. You assume all risk for any damage that may result from your use of our services, our content, or other content available through our services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our services), or the loss of data that may result from the use of our services, our content, or other content available through our services.

5. Additionally, you visit Kayaswifts real property and surrounding premises at your own discretion and risk. You assume any and all risk for any property damage or loss, or bodily, mental, or personal injury, including death, relating to or arising from visiting the premises.

Privacy Policy and Personal Information

1. When you use your mobile device to electronically unlock our properties, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method and device details, if available (the "Mobile ID Data")

2. Home owners and agents will not have their personal information passed on until the parties proceed message each other and share such details. Agents selling properties with no exclusive mandate may be subject to other agents attempting to reach the properties respective owners and selling them, kayaswift takes no responsibility for such actions however strives to protect the business interests of its users and offers the option to hide address for agents without an exclusive mandate.

3. We reserve the right verify the personal information you provide to us with fraud prevention agencies or any such similar servcices before we agree to allow you to proceed with use of our services.

4. Law enforcement agencies may access and use this information. We, and other organisations, may also use and access this information to prevent crime, including fraud and money laundering, for example, when checking details on listing of various products permitted on Kayaswift;

5. If you provide, or have provided, a telephone number to us or an agent in any form available on Kayaswift, you expressly agree that we may contact you at that number in order or any you may have contacted via our messaging feature may contact you in order to facilitate the conclusion of a sale. You also expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying to the sender and following any Opt Out instructions contained in the message. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.

6. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

7. Please be sure to also review our Privacy Policy (http://kayaswift.com/privacy) and our Bureau data consent agreement Consent Agreement (http://kayaswift.com/terms-conditions) , which is also part of this Agreement

8. By using the Website, each User and Client explicitly consents to Kayaswift using or disclosing the Personal Info in the following circumstances:

• for communication purposes from time to time, provided that the User / Client may request to be removed from a communication system;
• de-identified or aggregated Personal Info may be used for statistical and data analysis purposes;
• to improve the Website, to improve and develop new products, features and services;
• in the ordinary course of its business and for promotions and marketing;
• for use by its business partners for commercial or marketing purposes;
• to any party if it believes that it is required by law or by a court to do so or if Kayaswift believes that this is necessary to prevent or lessen any crime

9. In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right::

• of access to and the right to rectify the Personal Info collected;
• to object to the processing of Personal Info;
• to lodge a complaint to the Information Regulator whose details may be obtained from Kayaswift.

Version 1.0, April 15, 2022