Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and LucroTech Business Solutions ("Company", "we", "us", or "our"), a company registered in the Republic of South Africa, governing your access to and use of the Properly website and services.

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

2. Definitions

For the purposes of these Terms:

• "Platform" refers to the Properly website, mobile applications, and all related services
• "Services" refers to the property matching services provided through the Platform
• "User" refers to any individual or entity accessing or using the Platform
• "Property Seeker" refers to users who post requests for properties
• "Property Provider" refers to agents, landlords, or sellers who respond to property requests
• "Request" refers to a property requirement posted by a Property Seeker
• "Content" refers to all information, text, images, and data submitted to or displayed on the Platform

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts under South African law
• Not be prohibited from using the Services under any applicable laws
• Provide accurate and complete registration information

If you are using the Platform on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration

4.1 Account Creation

To access certain features of our Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We will not be liable for any loss or damage arising from your failure to protect your account information.

5. Services Description

5.1 Platform Purpose

Properly provides an online platform that connects Property Seekers with Property Providers. Our role is limited to facilitating connections; we do not participate in actual property transactions.

5.2 No Agency Relationship

We are not a real estate agency and do not act as an agent for any user. We do not:

• Verify the accuracy of property listings or requests
• Guarantee the completion of any transaction
• Provide legal, financial, or property advice
• Handle payments between users
• Inspect or warrant the condition of any property

5.3 Service Availability

We strive to ensure our Services are available at all times. However, we do not guarantee uninterrupted access and may suspend or discontinue Services for maintenance, updates, or other reasons without prior notice.

6. User Obligations

6.1 Acceptable Use

When using our Platform, you agree to:

• Comply with all applicable South African laws and regulations
• Use the Services only for their intended purpose
• Provide accurate and truthful information in all requests and communications
• Treat other users with respect and professionalism
• Not engage in discriminatory practices prohibited by the Promotion of Equality and Prevention of Unfair Discrimination Act

6.2 Prohibited Activities

You must not:

• Post false, misleading, or fraudulent information
• Impersonate any person or entity
• Use the Platform for illegal purposes
• Harass, threaten, or abuse other users
• Spam or send unsolicited communications
• Attempt to gain unauthorised access to our systems
• Interfere with or disrupt the Platform's functionality
• Use automated systems to access the Platform without permission
• Collect or harvest user data without consent
• Post content that infringes intellectual property rights
• Engage in money laundering or other financial crimes

6.3 Agent Obligations

If you register as a property agent, you additionally represent and warrant that:

• You are registered with the Estate Agency Affairs Board (EAAB) or hold a valid Fidelity Fund Certificate
• You comply with the Estate Agency Affairs Act 112 of 1976
• You maintain professional indemnity insurance as required by law
• You will conduct all transactions in accordance with the Code of Conduct for Estate Agents

7. Content and Intellectual Property

7.1 User Content

You retain ownership of content you submit to the Platform. By posting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, display, and distribute your content in connection with operating the Platform.

7.2 Platform Content

All content on the Platform (excluding user content), including but not limited to text, graphics, logos, and software, is the property of LucroTech Business Solutions and is protected by South African and international copyright laws.

7.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice.

8. Fees and Payments

Currently, basic use of the Platform is free. Should we introduce paid features in the future, we will provide clear notice of applicable fees and obtain your consent before charging.

Any fees charged will comply with the Consumer Protection Act, including requirements for transparent pricing and cooling-off periods where applicable.

9. Third-Party Transactions

Any agreements, transactions, or negotiations between users are solely between those parties. We are not a party to any such agreements and bear no responsibility for:

• The quality, safety, or legality of properties offered
• The accuracy of listings or representations made by users
• The ability of parties to complete transactions
• Disputes between users

We encourage all users to conduct their own due diligence and seek professional advice before entering into any property transaction.

10. Disclaimers

10.1 Service Disclaimer

The Platform and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, to the fullest extent permitted by South African law. We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Any information obtained through the Services will be accurate or reliable

10.2 Consumer Protection

Nothing in these Terms is intended to limit your rights under the Consumer Protection Act 68 of 2008. If you qualify as a consumer under the CPA, you are entitled to the protections provided by that Act.

11. Limitation of Liability

To the maximum extent permitted by South African law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from these Terms shall not exceed the amount paid by you (if any) for the Services in the 12 months preceding the claim
• We shall not be liable for any loss or damage arising from your use of or inability to use the Services

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless LucroTech Business Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content posted on the Platform

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature (where available). Termination will not affect any rights or obligations that arose before termination.

13.2 Termination by Us

We may suspend or terminate your account if you:

• Breach these Terms
• Engage in prohibited activities
• Provide false or misleading information
• Fail to pay any applicable fees

We will provide reasonable notice before termination where possible, except in cases of serious breach or where required by law.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt to resolve any dispute informally. We will make reasonable efforts to resolve complaints within 30 days.

14.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

14.3 Legal Proceedings

If mediation is unsuccessful, disputes may be resolved through the courts of the Republic of South Africa, which shall have exclusive jurisdiction.

14.4 Consumer Complaints

If you are a consumer under the CPA, you may also lodge a complaint with the National Consumer Commission (NCC) or approach the Consumer Tribunal.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• The Consumer Protection Act 68 of 2008
• The Electronic Communications and Transactions Act 25 of 2002
• The Protection of Personal Information Act 4 of 2013
• The Estate Agency Affairs Act 112 of 1976 (where applicable)

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Platform
• Sending an email notification to registered users
• Displaying a notice on the Platform

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: