These terms and conditions apply to the provision of services by emeraldinafrica.com (us, we, our). By listing properties on our site www.emeraldinafrica.com (Site) or signing up for a subscription you agree to be bound by these terms and conditions.
If you are viewing, using or accessing the Site under a paid subscription, you are a “Customer.” If you are viewing, using, or accessing the Site for free, you are a Customer that is a “User.” These Terms and Conditions refer to Users and Customers collectively as “You.” You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the emeraldinafrica.com website without express written permission from us.
Your core product(s) will commence when we notify you by email and will continue for the minimum contract term. Once the minimum contract term expires, the core product(s) will continue to roll on until they are cancelled in accordance with these terms and conditions, or superseded by new products. The core products include your subscription plus any new listings from the commencement of your subscription.
You may cancel one or more of your core product(s) by providing us with no less than 30 days written notice, provided that such cancellation must not take effect before the expiry of the minimum contract term specified in your subscription agreement. For the avoidance of doubt, your products will automatically terminate if your underlying subscription or package is terminated for any reason. Any discounts to subscription products applied due to the bundling of other products will no longer apply if any of the bundled products are cancelled.
If a listing is archived and subsequently reactivated, a new Listing charge will be applied to the listing.
We reserve the right to withdraw or change our Site, products or services (including format, design, scope, etc) and/or amend these terms or your subscription agreement (including the pricing set out in your subscription agreement) at any time. Please be advised that our pricing is reviewed and subject to periodic price changes. We will give you prior written notice of any material changes that we make (including any price changes or material changes to our Site, products or services). If we make material changes, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.
You agree that:
- your subscription enables us to load your listings onto emeraldinafrica.com;
- you may only advertise opportunities that your office is selling as owner and that are currently available for sale;
- you will not edit a listing promoting one opportunity to promote a different opportunity;
- listings may only be advertised once on the Site.
For the avoidance of doubt;
- a listing at a particular street address belonging to the same owner may not be listed multiple times by the one advertiser. Should multiple lots be available at the one address, they should be itemized under the “Master Listing”. This listing is however permitted to be advertised by additional agencies holding an agreement for the same property;
- a listing at a particular street address belonging to a different owner is permitted to be advertised as a separate listing; and
- for the purposes of asset value pricing, the property value is the total cumulative value of the listing (including all sellable or leasable space). If the individual lot value falls in a lower band and the cumulative value falls in a higher band, the cumulative value will apply for purposes of calculating the property value.
for all property listings:
- you must provide the correct property “suburb” and “price” information (where the “price” is your reasonable estimate of the property value or range within the specific variance permitted by the Site from time to time (Your Estimate));
- where Your Estimate is inserted as a price range, the top of this range will be used to determine the price band for that listing;
- the listing will fall within the applicable price band at the time the listing is live on the Site (noting there will be a 48 hour period in which you can adjust the price if required). If the price is adjusted after this 48 hour period and the price is 15% or greater than the original price you entered (and falls within a higher price band), we may charge you the higher price band at our sole discretion;
- if there is a discrepancy whereby Your Estimate is less than the advertised price of the listing on our Site, we reserve the right to charge you the relevant price band for the higher listing price;
- we may provide you with complimentary services and features from time to time and may vary, withdraw or cancel your access to such services and features at our sole discretion;
- you represent to us that you have the authority to advertise and sell the listings that you provide us to load on site;
- if you are a licensed real estate agent, all property listings submitted by you must include your business name, company name, your name, and any interest you have in the listed property;
- you will provide the correct categories for your listings and will not use misleading or incorrect selections;
- except as permitted by us, you will not include any logos or other forms of branding, including links to social media, agent contact details, advertising or superimposed text in your listings (including in any imagery or photos loaded to your listings);
- you will provide listings to be archived or removed from the Site within 48 hours of an unconditional exchange of contracts or lease agreement being signed for the relevant property or business. Failure to provide such information within 48 hours may incur an administration fee for each listing which is displayed, but is not available for sale or lease;
- you will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Site;
- you will not list more than 5 basic or branded listings for properties at the same street address;
- you must not use the same titles, images or descriptions for listings at the same street address; and
- any showroom or generic photos appearing in listings must clearly indicate that they are not images of the advertised property or business.
We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) via the Site. Listings which infringe these terms may incur additional fees or be removed at our option. No refund will be payable in respect of the removed listings.
If you are a real estate agency, business broker, franchise group, real estate investment trust or property developer, to list on the Site, you will be required to complete a business application form and associated paperwork provided by your account manager.
Fees are payable monthly within 30 days of the statement date on the invoice for all accounts.
Without limiting our other rights and remedies at law, in the event of non-payment or late payment, we may (at our discretion):
- remove your listings from the Site;
- terminate this Agreement; and/or
- charge you for any agency or legal fees associated with collection of overdue amounts.
You are liable for all taxes, duties or government charges payable in connection with the agreement between us whether applying at the date of the agreement or in the future.
Without limiting our other rights and remedies at law, we may terminate our agreement with you immediately:
- at any time and for any reason by giving you 14 days’ notice in writing;
- if you breach this Agreement and fail to rectify that breach within 3 days’ notice;
- if you are bankrupt, insolvent, enter into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of your assets; or
- if you die, your partnership is dissolved, or your company is deregistered (as applicable).
To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied, and
(b) in the case of goods supplied or offered by us, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity). For products or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.
You agree to indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site or our agreement with you, including any breach of the agreement by you.
You shall treat as confidential all information regarding our business or affairs that comes into your possession as a result of or in the performance of these terms. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.
You may not assign our agreement with you without our prior written consent. These terms, together with any contract between us incorporating these terms, comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. No delay or waiver by us in enforcing any provision of our agreement with you will be deemed a waiver of our rights.
If a provision in these terms or our agreement with you is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the terms and agreement will not be affected.