BALWIN MORTGAGES PRORIETARY LIMITED TERMS AND CONDITIONS
The use of the Balwin Mortgages Website and the Balwin Mortgages bond calculatorsis subject to the Terms and Conditions below. By accessing, browsing and using our Website, You acknowledge that you have read, understood and accepted, without reserve, these Terms and Conditions as well as the Group Data Protection Policy, as modified from time to time by us.
We reserve the right to modify, change or make corrections to our Terms and Conditions and/or Group Data Protection Policy at any time and without any notice. In such event, we will make a new dated version available through this link. We ask that you consult these Terms and Conditions from time to time in order to familiarize yourself with any changes.
This Website is accessed entirely at your own risk and you agree that Balwin Mortgages shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of accessing this Website (this includes the utilization of the Balwin Mortgages bond calculators on the Website). Whilst all reasonable steps are taken to ensure the accuracy and integrity of the information contained herein, no liability or responsibility is accepted by Balwin Mortgages if the information or data, is for whatever reason,corrupted or does not reach its intended destination.
You acknowledge that the reference to 50% discount on the applicable tariff in relation to transfer costs and bond registration costs is only applicable if Tonkin Clacey Inc. is instructed as the conveyancing attorneys. You agree that you will be charged a bank initiation fee which will be added to your home loan account or that can alternatively be paid in cash at your discretion.
- 1.1. “Content” means, but is not limited to text, graphics, icons, links and other similar material on the Website;
- 1.2. “Intellectual Property” means the copyright (including but not limited to literary (including database and computer programs) artistic, musical works, photographs, and sound recordings), patents, trademarks (including all related domain names and meta tags), confidential information, trade secrets and design rights (including all applications);
- 1.3. “Software” means the software utilised to give you access to and use of the Website;
- 1.4. “Website” means (i) the Balwin Mortgages website, and all its pages and content, owned by Balwin Mortgages; (ii) the Balwin Mortgages mobile application; and (iii) any Balwin Mortgages social network pages (including but not limited to Facebook, Instagram, Twitter, YouTube or any other social media facility or software programme made available by us from time to time).
2. ABOUT US
- 2.1. Name: Balwin Mortgages Proprietary Limited (“Balwin Mortgages” or “We” or“Us”)
- 2.2. Registration Number: 2022/254373/07
- 2.3. Physical Address:
105 Corlett Drive Birnam
- 2.4. Postal Address:
Private Bag X4,
3. ALLOWED USE OF THE WEBSITE
- 3.1. Subject to paragraph 3.6 below, We license to you, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access the Website and display, use, download, and otherwise copy the current and future Content for personal, non-commercial and information purposes only and to upload content in accordance with this paragraph.
- 3.2. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Balwin Mortgages.
- 3.3. Balwin Mortgages neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
- 3.4. We do not guarantee that our Website, or any content on it, will always be available to be uninterrupted. Access to our Website is permitted on a temporary basis and access may be suspended due to unforeseen circumstances.
- 3.5. License Conditions
- 3.5.1. Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the Content or any part there of or frame, "mirror", datamine (by way of but not limited to, robots, crawlers or other similar programs) or cache the Website or reverse engineer, copy, modify, re-distribute, decompile or create a derivative work of the Website or Software, or any part thereof without prior written authorisation from Us.
- 3.5.2. We do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any invitations to do business on the Website and you must keep intact all notices that refer to this License and to the Limitation of Liability hereunder.
- 3.5.3. You may not assign, transfer or sublicense the rights pursuant to these termsand conditions.
- 3.5.4. You may not use the Website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamatory, racist or offensive innature or may result in the infringement of any intellectual property.
- 3.5.5. You may only upload material in accordance with paragraph 3.7 below.
- 3.5.6. You acknowledge that Your fair use and other rights are in no way affected bythe above.
- 3.6. Hyperlinks from the Website
- 3.6.1. The Website may contain links to other websites operated by third parties. We do not: endorse the operators and/or owners of third-party websites; operateor control any of the information, graphics and material on those third-party websites; or guarantee that third-party websites will always be operational.
- 3.6.2. Links to third-party websites are included solely for your convenience and We assume no responsibility for your use of third-party websites.
- 3.6.3. We make no warranties or representations:
- 18.104.22.168. on the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third-party website content or products or services available through any third-party website; and/or
- 22.214.171.124. that third-party website content does not infringe the intellectual property rights of any person.
- 3.7. Uploading Material to the Website
- 3.7.1. Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of our Website, you must comply with the content standards set out in clause 3.8 below. You warrant that any upload or contribution from you complies with those standards, and you indemnify us for any breach of that warranty.
- 3.7.2. Material or contributions that you upload will either be uploaded to areas that are accessible to other Website users or areas that are only accessible to you and Us to enable Us or our appointed service providers to operate the Website.
- 3.7.3. Any information or material communicated to Us that is not personal information will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third-parties any such material for any purpose.
- 3.7.4. You warrant that you own any material and/or content submitted by you and that it is not defamatory in nature and that any use, copy, distribution ordisclosure of such material and/or content will not violate any third-party’s rights.
- 3.7.5. We reserve the right to edit or remove any material submitted to the Website, or stored on Our servers, or hosted or published upon our Website.
- 3.7.6. We have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to the Website constitutes defamation, a violation of their intellectual property rights, or of their right to privacy, subject to reasonable prior notification to you.
- 3.7.7. We will not be responsible, or liable to any third-party, for the content oraccuracy of any materials posted by you or any other user of the Website. Posts reflect the views and opinion of the author, but not necessarily of the owners and operators of the interactive services available on the Website. If you feel that any submitted message on the Website is questionable, we encourage you to notify us immediately.
- 3.7.8. We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards setout in 3.8 below.
- 3.7.9. From time to time certain third-party content will be uploaded to the Website.We have no control over the content of said uploads and shall not be liablefor any claims or damages that may result from such uploads. If you feel that any of the content uploaded is inaccurate or offensive, we encourage you to notify us immediately.
- 3.7.10. You shall abide to the particular social network’s code of conducts and guidelines, including but not limited to the Code of Conduct (Facebook), General Guidelines and Policies (Twitter) and Community Guidelines (Instagram) or any other similar rules and guidelines made available by the particular social media network. You acknowledge and agree that We may, but are not obligated to, monitor the content on the social media networkpage(s) and may delete or remove from the said page immediately without notice any content of whatever nature, for any or no reason, including without limitation, if such content in our absolute discretion is in breach of any of the rules or guidelines made available or in breach of these terms and conditions.
- 3.8. Content Standards
- These content standards apply to any and all material and/or content that you contribute to the Website (“Contributions”), and to any interactive services associated with the contributions.
- 3.8.1. Contributions may not:
- 126.96.36.199. contain any material and/or content that is defamatory in nature, orany material which is obscene, offensive, hateful or inflammatory, or that promotes sexually explicit material, or violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- 188.8.131.52. infringe any intellectual property rights of any other person or be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- 184.108.40.206. promote any illegal activity or be threatening, abuse or invadeanother’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy anyother person;
- 220.127.116.11. contain any damaging code or viruses, or any other software or programs that may interfere with or damage the operation of the Website or any other computer.
- 3.8.2. You may:
- 18.104.22.168. not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
- 22.214.171.124. only upload or submit material to the social network page which either you own or which you have the permission from the owner ofthat material to upload or submit.
- 3.9. Products and services sold through the Website
- 3.9.1. Products and/or services (if any) sold through the Website will be billed in Rands including VAT. You will have the opportunity, at the ‘check-out’ stage of the order process, to finally review and accept.
- 3.9.2. Delivery costs (if any) will be quoted separately to the cost of any item(s) at‘check-out’.
4. INTELLECTUAL PROPERTY RIGHTS
- 4.1. The Intellectual Property available on the Website or to be made available by Us or any of our selected service providers or agents is the property of, or licensed to, Us and may not be utilized outside the licensed terms as set out under these terms and conditions.
- 4.2. All uploads by you to the Website will be dealt with as your property. You hereby indemnify Us against any claim whatsoever for the infringement of Intellectual Property of a third party or breach of Confidential Agreement between you and any third party as a result of an upload or submission from you to the Website.
- 4.3. The names, images and logos identifying Us or third parties and their services and products are subject to copyright, design right and trademark protection. Unless specifically agreed to under these Terms and Conditions, nothing contained herein shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Us or any other third party.
- 4.4. E-mail addresses, names, telephone numbers and fax numbers published on theWebsite may not be incorporated into any database used for electronic marketing or similar purposes. The presentation by you of such details is no “optin” / permission from Us to utilise same for the above purposes.
- 5.1. Although We are not obliged to provide security on the Website we feel it is important that your information or any communication between you and Us is dealt with in the most secure manner reasonably possible. However because ofthe nature of the internet, We cannot warrant that your interaction with Us via the Website is completely secure.
- 5.2. To provide adequate security to all users of the Website and to monitor activities prohibited under law you hereby agree to Our or Our appointed service provider(s) right to intercept, monitor, block, read, delete or access all data sent to the Website or any other communication facility made available by Us.
- 5.3. Virus Checks
- 5.3.1. It is our policy to virus check documents and files before they are posted on the Website. However, we can not guarantee that documents or files downloaded from the Website will be free from viruses and We do not acceptany responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus checking software when using the Website. Further, you may not post or provide to us via the Website, any document or file that may contain a virus. You must virus check any documentor file which you intend to post or provide to us via the Website.
- 5.3.2. You hereby indemnify Us and our service providers and affiliates against any possible damages, expenses or losses as a result of the delivery of computer programs or any other code that may damage the Website or our infrastructure or our service provider’s infrastructure.
- 5.4. Username and Passwords
- 5.4.1. When you own property, or are residing within a Balwin development you will be able to register and obtain an account, that will enable you to access specific services made available to you for your convenience.
- 5.4.2. The information we capture during the registration process will be dealt with as per our Group Data Protection Policy.
- 5.4.3. On registration you will receive a username and password to login to the Website and associated database(s). You agree that: (i) you are responsiblefor ensuring that no unauthorised access to the Website is obtained using your username and password; (ii) you will keep the username and password secure;(iii) you will not permit any third-party to use the username and password to access the Website; (iv) you will be liable for all such activities conducted pursuant to such use, whether authorised or not, whether utilised from your device or not.
- 5.4.4. Your username and password are Our property and We have the right, subject to these Terms and Conditions, to deny you access to the Website at any time.
- 5.4.5. Your account will be deactivated, or you will no longer be able to utilise certainfunctionalities of the Website nor will third parties be able to add or remove information from your account:
- 126.96.36.199. when you sell or vacate (as a tenant) your property within a Balwin development; and/or
- 188.8.131.52. if you breach any of these Terms and Conditions.
6. GROUP DATA PROTECTION POLICY
- 6.2. Processing of all Personal Information will be subject to our Group Data Protection Policy. By submitting Personal Information or using the Website you agree to ourGroup Data Protection Policy.
- 6.3. You warrant that all Personal Information provided by you to Us is accurate.
7. LIMITATION OF LIABILITY
- 7.1. The Website and all materials found on the Website are intended for information purposes and provided "as is" for your convenience without any warranty,representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services, or that our website will be uninterrupted or error-free, unless otherwise entitled under law.
- 7.2. We do not warrant the accuracy or completeness of the information, text,graphics, links or other items contained in the Website. We may make changes /amendments to the Website, the policies, information described in the materials or content of these terms and conditions, at any time without notice. Any changes shall take effect upon posting to this Website. We make no commitment to update the materials and may discontinue any part of the Website or productor services or certain software or version of certain software for the utilisation of the Website.
- 7.3. Balwin Mortgages, its directors, share holders, employees or its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, loss of revenue, anticipated savings, goodwill, reputation or any delays, whether in an action incontract or delict, arising out of the use or inability to use the Website or performance of the Website or non-performance of the Website, i.e. Website not available as a result of 3rd party service providers, maintenance, enhancements, events outside Our control or force majeure events, even if we have been advised of the possibility of such damages.
- 7.4. We will not be liable to you for any default or delay in the performance of our services to you if and to the extent that such default or delay is caused by, including without limitation, any act of god, pandemic, epidemic, war, civil disturbance, labour unrest, court order, or any other circumstance beyond its reasonable control including fluctuations in communications or utility services ("force majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, work around plans or other means.
8. AGREEMENT(S) AND ECOMMUNICATIONS
- 8.1. You agree that:
- 8.1.1. you are at least 18 years of age and possess the legal capacity and ability to enter into this agreement and to use the Website in accordance with all Terms and Conditions herein;
- 8.1.2. all information that is incorporated by using hyperlinks and/or other methods of reference form part of this agreement;
- 8.1.3. this agreement is concluded when you access our Website. Specific service terms and conditions will apply subsequent to your acceptance of such termsand conditions by adding a tick to the “Accept Terms and Conditions” box and clicking on Login / Register. This agreement is concluded at Our place of business (“Physical Address”).
- 8.2. Time and Place of communication, dispatch and receipt
- 8.2.1. a data message sent from Us to you has been sent from Our Physical Address;
- 8.2.2. a data message sent from Us to you is deemed to be received by you when the complete message is outside the control of Our systems (i.e. has left Oursystem);
- 8.2.3. a data message sent from you to Us is deemed to be received by Us only when We respond thereto.
- 8.3. Expression of intent
- For purposes of electronic communications between you and Us no electronic signature is required; the mere sending of data messages or adding the tick to the applicable box and subsequent click on Login demonstrates your intent to be a party to these Terms and Condition or any subsequent agreement.
- 8.4. Attribution of data messages to originator
- You agree and warrant that the data message sent under your login credentials(i.e. username and password), to Us was sent by you or a person that has authority to act on your behalf in respect of the data message.
9. BREACH & TERMINATION
- 9.1. We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate.
- 9.2. Failure to comply with these Terms and Conditions constitutes a material breach of the agreement upon which you are permitted to use Our Website, and mayresult in our taking all or any of the following actions:
- 9.2.1. immediate, temporary or permanent withdrawal of your right to use Our Website;
- 9.2.2. immediate, temporary or permanent removal of any posting or material uploaded by you to Our Website;
- 9.2.3. issuance of a warning to you;
- 9.2.4. institution of legal proceedings against you for damages and/or loss sustained by us (including legal costs on the attorney and own client scale); and/or
- 9.2.5. disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
- 9.3. We exclude liability for actions taken in response to any breach of these Termsand Conditions. The actions described above are not limited, and We may take any other action We reasonably deem appropriate.
10. GENERAL AND MISCELLANEOUS
- 10.1. Sole record of agreement
- 10.1.1. These Terms and Conditions constitute the sole record of the agreement between you and Us relating to the use of the Website. Any other terms or conditions issued by Us and governing our relationship with you, and inparticular relating to any service or purchase of product, shall supplement these Terms and Conditions. In the event of any inconsistency between theseTerms and Conditions and any subsequently issued supplementary terms and conditions, the latter terms or conditions shall prevail over these Terms and Conditions.
- 10.1.2. Every time you access the Website, the terms and conditions available at that time will apply to the agreement between you and Us.
- 10.2. No amendments except in writing
- 10.2.1. We may revise these terms and conditions at any time. Any amended or new terms and conditions will be valid from the moment we place them on the Website. Using the Website or any part there of after Login implies that you agree to the amended or new terms and conditions available to you. We will endeavour to notify you if there are new or amended terms and conditions. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.
- 10.2.2. No data message, including but not limited to an e-mail, SMS and recorded voice message, sent by you to Us shall amend these Terms and Conditions or the rights and duties of the parties in any manner, unless such a data message is reduced to writing on paper and signed by the parties.
- 10.3. Waivers
- No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
- 10.4. Survival of obligations
- Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect
- 10.5. Severability
- 10.5.1. If any one or more of the clauses of these Terms and Conditions is declared oradjudged (formally or informally) by competent authority to be illegal, invalidor unenforceable under any law applicable in any jurisdiction in which these Terms and Conditions are to be performed, including this clause, then:
- 10.5.1.1. the offending clause shall be deemed for all purposes to be severable from all the other clauses of these Terms and Conditions, which clauses shall continue in force unaffected;
- 10.5.1.2. the Terms and Conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these Terms and Conditions, the Terms and Conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the void or unenforceable provisions.
- 10.6. Users with complaints or concerns may use the ‘Keep in touch with us’ section onthe Website to lodge applicable complaints or concerns.
11. APPLICABLE AND GOVERNING LAW
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, which shall have exclusive jurisdiction over any disputes.
12. DISCLAIMER OF LIABILITY
- 12.1. By accessing, browsing and utilizing the Balwin Mortgages bond calculators (i.e.,bond calculator, repayment calculator, transfer costs calculator, extra payments calculator and amortisation calculator), You agree that it is used at Your own risk and You agree that Balwin Mortgages shall not be liable for any loss or damage, howsoever arising, suffered by You as a result of accessing, browsing and utilisation of the Balwin Mortgages bond calculators.
- 12.2. Whilst all reasonable steps are taken to ensure the accuracy and integrity of the information contained and/or calculated on the Website, no liability or responsibility is accepted by Balwin Mortgages if the information or data, is for whatever reason, incorrect or corrupted. You agree that the Balwin Mortgages bond calculators work on assumptions and the amounts generated by the calculators are based on reasonable estimates. In no way does Balwin Mortgages bind itself to any data generated by the calculators.
- 12.3. You agree that it always remains Your responsibility to ensure the accuracy or correctness of the calculations and/or data provided on the Website.