When you access the AgentIQ website (“the Site”) (www.agentiq.co.za), you are entering into an
agreement with WinDeed (“us”) on the terms and conditions (“the Terms”) set out below and
The Service that we provide is an online property data portal offering in-depth property reports and
specialised property data and services to the Subscriber (“collectively the Service”). The
Service does not include any legal or financial advice.
The Terms may from time to time change. Each time you access the Site, you agree to be bound by the Terms.
We can change the Terms at any time and will publish the amended Terms ("the Amended Terms") on the Site.
We may alert you to the fact that the Terms have changed and give you an opportunity to review the Amended Terms. If you don't
agree to the Amended Terms, you can terminate your use of the Service.
We will keep your personal information private. We will protect any personal information we receive when
How to use the Service
To access the Service offered to the Subscriber you must subscribe and login with your WinDeed login credentials (“the Login Details”). Only a WinDeed account holder with administrative rights can subscribe to the Service (“the Primary User”).
Fees and Payment for the Subscriber Service
- The Subscription is subject to a monthly subscription fee (“the Subscription Fee”).
This is applicable from the time the Principal User completes the Subscription Process. The Subscription Fee includes
access to enhanced features and a bundle of property reports.
- Once this bundle is depleted, any further
reports (“Out of Bundle Reports”) will incur an additional cost per request (“the Out of Bundle
- Additional users can be added to the subscription at an additional monthly user fee
(“Additional User Fee”) which will run concurrently with the Subscription Fee. An Additional User Fee
increases the bundle of property reports.
- The Additional User Fee and Out of Bundle Report Cost will be
- All fees will be charged against the account the Primary User selected during the
Subscription Process. Payment of your AgentIQ account will be in accordance with payment conditions set out in your
agreement with WinDeed.
- Refer to the latest pricing schedule for Subscription and
Additional User Fees, Out of Bundle Report and in-product WinDeed search costs.
Use of Login Details to access the Subscriber Service
Each time you want to access the Subscriber Service you must sign in with the Login Details associated with your
Subscription user profile.
- If you use the Site or the Service, you are responsible for maintaining the
confidentiality of your Login Details, restricting access to your computer, and you agree to accept responsibility for all activities that
occur under your user profile.
- You are not authorised to share Login Details with any other person
with the intent to allow that person access to the Site. If you fail to comply, we will be authorised to charge an
Additional User Fee for that person or terminate the Subscription.
- We reserve the right to disable any user
profile or terminate the Subscription if we are of the opinion that there has been abuse or misuse of the Service.
If you suspect there has been, or could have been, unauthorised access using your Login Details, you must:
The information that you provide
- All the information you submit, including personal information, must be,
and remain accurate, current and complete. Please update the information via WinDeed if it changes.
You warrant that you are authorised to submit the personal information to us.
- By using the
Service, you grant us, AgentIQ the right to use any information, data, materials or other content (collectively, "Content") you provide
through or to the Service, SOLELY for the purpose of providing the Service. Such use will always be in accordance with
without any particular time limit, we, AgentIQ and our authorised service providers may use the Content ONLY for the purposes set
- Our primary method of
communication will be via email and notices on our Site. All purchase receipts, confirmation and other notices and messages
will be delivered through electronic communications and you agree that this communication satisfies any legal requirement that such
communication be in writing.
- We may send alerts, notifications and other communications to you by way of
email, SMS or other electronic delivery mechanisms and you consent to receive communications from us in any
- We will send electronic communications to the address (email or other) you have
provided to us. If your details change, please update them via WinDeed.
- We may assume that all electronic
communications which reasonably appear to originate from you or a person you have told us is authorised to act on your behalf are
in fact from you and the form in which we receive the communication is the same as when it was first sent.
The Service may not always be available
- We do not guarantee that the Service will always be available.
- The Service uses data gathered from various sources and we do not make any representations about the
accuracy of the data displayed nor do we accept responsibility for inaccurate data.
- We will not be liable for
any damage caused by reliance on this report and for legal purposes encourage validation on ownership details with the Deeds
To protect the integrity of our Service, Site and Information
You may not -
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program,
algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or
monitoring of the Site;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism
(including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the
Site, other than the search engines and search agents available through the Service and generally available third-party web
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or
destructive features, or that otherwise interferes with the Site or the Service; and/or
- attempt to decipher,
decompile, disassemble, or reverse-engineer any of the software comprising the Site or the Service.
Termination of your subscription to the Service
- You may terminate your use of the Service at any time through the Service or by
contacting us via email at firstname.lastname@example.org.
On termination, all subscribed users will have access to the Service until the last day of that subscription period of the Service. You must pay all fees and charges you
have incurred up until the late day of the subscription period.
Breach of these Terms
Should either of us (“the Defaulting Party”) breach these
Terms and fail to remedy the breach within fourteen days of receiving written notice from the other party ("the Aggrieved
Party"), the Aggrieved Party may, without prejudice to its other rights in law, terminate the Service agreement or claim
immediate specific performance of all of the Defaulting Party's obligations whether or not due for performance.
- We own or are licensed to use all intellectual property rights in all materials, text,
drawings and data (collectively "the Materials") made available on the Site or by the Service. This does not
include your personal information which will always belong to you and will only be used by us in accordance with our Privacy
- Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or
exploitation of the whole or any part of the Materials is an infringement of our rights.
- We own or are licensed
to use the AgentIQ Trademarks, names, logos and service marks (collectively "Trademarks") displayed on the
Site whether registered or unregistered. You must get our permission in writing if you want to use any Trademarks.
You may use the Materials only to the extent necessary to enable you to use the Service.
- Although we will always try to ensure the Site and the Service are available, the Service and
the Site are provided "as is". Subject to the Consumer Protection Act 68 of 2008 as read with any of its Regulations (collectively "the
CPA"), we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this
- Subject to the CPA, we do not warrant that the Service, the Site and the information they contain, or
any output generated by your use of the Service, or any alert, will -
- meet your requirements or
- be uninterrupted, timely, secure or error free;
meet any particular measure of accuracy, completeness or reliability, performance or quality;
be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer,
data or network.
- No information obtained by you from us and/or our authorised
service providers through or from the Service will create any warranty by us or the service provider in question.
You warrant that
- you are legally entitled to access the Site and use the Service;
- you have, and will continue to have for the duration of the Terms, all necessary consents to use the Service;
- you have capacity to be bound by the Terms.
Our and your liability is limited
- Neither we nor our directors will be liable for
any liability or damage (other than arising from our fraudulent actions or gross negligence) of any nature which may be caused by or
attributable, directly or indirectly, to
- your use of or reliance on the Service;
- the Site;
- your use of or reliance on any information offered on or via the
Site and Service;
- your acts or omissions;
- a breach by
you of the Terms;
- the fact that we act on your instructions or instructions purported to emanate
- any unlawful access or monitoring of information transmitted to us;
- any error or omission in respect of information submitted to us.
You must not construe any information we release (including any information contained in any reports or alerts) or any information
you obtain through use of the Service as an opinion on your solvency, financial standing or creditworthiness. You are solely
responsible for all actions and decisions you take in reliance on this information.
- You will not be liable for
any liability or damage (other than arising from your fraudulent actions or gross negligence) of any nature which may be caused by
or attributable, directly or indirectly, to
- our acts or omissions;
a breach by us of the Terms.
- If we are found to be liable, our liability is limited to
an amount equal to the fees you paid us for the Service for a period of one month before the cause of action arose.
Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.
You indemnify us
You indemnify us and our other authorised service
providers and their affiliates against any third party claims, damages or costs (including reasonable attorney's fees) caused by or
attributable to your -
- acts or omissions;
- use of the Service and the Site;
- breach of these Terms.
Address for Legal Notices
agree to accept any notice or legal process relating to these Terms at the email address provided to WinDeed.
- You must send any notice or legal process relating to these Terms to our address set out in clause ‘Our
- We can change our physical address (to any other physical address in South Africa), our
telephone number and facsimile number and we will give you notice of such change.
This is the only
agreement between you and us
- These Terms are the sole record of the agreement between you and us
in relation to the Service. Neither of us is bound by any express, tacit or implied representation or warranty not recorded in these
- These Terms replace all prior written and verbal communications between us about the Service.
- If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our
rights, unless we expressly agree in writing to waive or limit them.
We can assign our rights on notice to
If we merge, sell or otherwise assign our assets and this involves transferring our rights and obligations under
these Terms to a third party, you may terminate your use of the Service with effect from the date of transfer or assignment if you do not agree to the transfer of rights and obligations.
Each term is
If any provision of these Terms is or becomes unenforceable in any jurisdiction, the unenforceable
aspect of that provision will be treated in such jurisdiction as if it had not been included in the Terms. The remaining provisions of
the Terms will remain valid.
Your queries and complaints can be email to our support team at email@example.com.
The law that applies to these
- If there is any conflict between these Terms and the CPA, the CPA will apply.
These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to
any principles of conflict of law.
- You consent to the exclusive jurisdiction of the courts of the Republic of South
Africa over any dispute about the Services or the Terms.
address: LexisNexis, First Floor, Great Westerford Building, Rondebosch, 7700, Cape Town
- Telephone number:
- Website URL: www.agentiq.co.za
- Email address: firstname.lastname@example.org
Last Modified: 02 March 2015