The use and access of this Website is at all times subject to these Terms and Conditions. By using this Website, it is assumed you have read and agreed to these Terms and Conditions, as well as the Privacy Policy that may appear on this Website.
NB:
AMAROOMI has taken all efforts in ensuring these Terms and Conditions are clear, logical, understandable and in plain language, certain concepts and terms may require additional clarity , which AMAROOMI will gladly provide, please contact our office on the contact details provided.
Please ensure you have read and considered these Terms and Conditions carefully and understand the content and legality. Users of the website will be requested to accept the
1. DEFINITIONS
Agreement means these Terms and Conditions provided for in this document, together with all annexures hereto;
Business Day means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
Amaroomi means Amaroomi (Pty) Ltd, a private company with registration number 2021/309955/07;
Tenant means the person contracting with the Landlord through Amaroomi and shall include prospective Tenants
Tenant User means any person using the Website in order to view, offer to rent or benefit from the Services
Landlord means the person or entity which lets the Property to the Tenant in respect of immovable property owned by the Landlord, where applicable
Landlord User means any person using the Website in order to advertise property for letting purposes, or for any services related to Landlords and the leasing of property provided by Amaroomi;
Loss or Damage means any loss, claim, damages, costs, liability, injury, fees and expenses incurred or suffered by a party, which losses may sound in money or otherwise;
Password means the unique PIN selected by the User for purposes of gaining secured access to the Website or to various features within the Website, chosen by the User;
Privacy Policy means the Privacy Policy found on this Website
Property means the relevant property, the details of which shall be up loaded by the Landlord User on his Amaroomi account;
Services means the services rendered by Amaroomi in favour of a Tenant User and / or a Landlord User as explained in more detail in these Terms and Conditions;
Terms and Conditions means these Terms and Conditions provided for in this this Website;
User means any person accessing any part of the Website or the Services, including but not limited to Landlord Users, Tenant Users and Contractor Users. Should an individual no longer make use of the Website in full this will not affect the liability of that person towards Amaroomi for breach of these Terms and Conditions;
User Account means an account created by a User on the Website;
User Information means any and all information furnished by the Landlord or Tenant to Amaroomi at any time, including but not limited to the information provided by the Landlord or Tenant when logging on to the Website, setting up an
Account, or information provided to Amaroomi in any other form of communication between the User and Amaroomi;
Website means the website located at the URL: www.Amaroomi.com and any sub-pages and any other means of connecting to Amaroomi servers and/or Services.
2. INTERPRETATION
2.1. The termination of this Agreement shall not affect those provisions which of necessity must continue to have effect after termination.
2.2. Words importing the singular shall include the plural and vice versa and words importing any one gender shall include the other genders
USING THE WEBSITE
3. INTRODUCTION
3.1. These Terms and Conditions constitute an agreement between the User and Amaroomi. By using the Web site, the User agrees that he has read and understood the Terms and Conditions and Privacy Policy and agrees that these Terms and Conditions, and any future related amendments from time to time, in their entirety shall bind the User.
3.2. This Document governs the User’s use of the Website, regardless of the means by which the User has accessed the Website.
3.3. The User will be required to agree to these Terms and Conditions before being able to use this Website. The User’s continued use of the Website shall be deemed to constitute his acceptance of these Terms and Conditions.
3.4. Amaroomi reserves the right to amend and update any of the terms of this Document at any time, Users are advised to look out for updates on a regular basis.
4. WEBSITE USAGE
4.1. Noone using this Website shall:
4.1.1. duplicate any part of the AMAROOMI Website, or create a similar website or service without Amaroomi’s written consent;
4.1.3. use AMAROOMI or any part thereof for any illegal purpose;
4.1.4. deleteor interfere with any copyright notice attached to or contained within the
Website; and/or
4.1.5. without Amaroomi’s written consent, carry out reverse engineering of the Website.
4.2. The Users warrant to Amaroomi that:
4.2.1. all User Information provided on Amaroomi’s Website is true and accurate and the User will keep all such information up to date during the term of use;
4.2.2. the User will not use the Website, directly or indirectly, for any illegal activity or in any manner so as to interfere with the functionality of the Website and indemnifies Amaroomi against all such damages as may arise as a result of such conduct.
5. PROTECTION OF PERSONAL INFORMATION
5.1. The User agrees that Amaroomi shall be entitled to request and process the Personal Information of the User The User is shall read the Privacy Policy of Amaroomi and by agreeing to same agrees to the terms and conditions provided.
6. SECURITY and ACCOUNT USAGE
6.1 This Website provides the User with the opportunity to create a User Account which requires the User to furnish Amaroomi with their personal Information.
6.2 When the User uses the Website, Amaroomi may send the User’s Information from the Amaroomi server to a merchant server or to the applicable third-party services provider for the purposes of providing those Services requested by the User.
6.3 To avoid unauthorised access of the User’s Account, the User must choose a secure Password and refrain from sharing the same. Amaroomi will securely encrypt the User’s Password. As long as the correct Password is entered (or if the User elects not to use a Password), the User shall be deemed to be and Amaroomi shall be entitled to presume that the User is the person giving instructions and/or making such payments using its User Account. The User will accordingly be liable for all actions initiated from his User Account.
6.4 The User remains solely responsible and liable for any access, use, misuse or disclosure of the User’s Pass word, including where he has disclosed his password to any person and / or has authorised, permitted or allowed access to the Website on his behalf, and Amaroomi shall not be liable for any Loss arising from such access, use, misuse or disclosure.
6.5 If the User becomes aware of a property advertisement made via the Website which has not been author ised by him, or if the User discloses his Password to any person, or believes that there is the likelihood of any person using the Website by impersonating the User, the User should immediately inform Amaroomi by emailing info@Amaroomi.com. Amaroomi will, following receipt of the notification aforesaid, determine the appropriate course of action which may include inter alia disabling the advertisement feature and / or sus pending the use of the User’s account until the compromise has been rectified.
6.6 Amaroomi shall be entitled to refuse to act on any instruction including where Amaroomi believes an instruc tion: (i) was unclear; (ii) was not given by the User; (iii) might cause Amaroomi to breach a legal or other duty; (iv) if Amaroomi believes the Website is being used for an illegal purpose; or (v) may harm Amaroomi’s reputation.
7. ADERTISING ON THE WEBSITE
Amaroomi accepts no responsibility for third-party advertisements and links published on the Website. Should the User agree to purchase goods and/or services from any third party who advertises on the Website, it is done at their sole risk. The use by the User of any third-party website shall be at the sole risk of the User and Amaroomi shall have no liability for any Loss suffered by the User as a result thereof.
8. ACCESS TO THE WEBSITE
Amaroomi may suspend or terminate the User’s access to the Website without notice where it is reasonable for Amaroomi to do so and particularly Where:
8.1. for any reason Amaroomi decidesto discontinue operation of the Website;
8.2. Amaroomi has reason to believe that the User has breached any of the terms and conditions;
8.3. the User’s use of the Website has been improper or breaches any Terms and conditions or the privacy policy;
8.4. Amaroomi reasonably believes the Website may be at risk of fraud or misuse;
8.5. Amaroomi’s information technology infrastructure has failed, is experiencing outages or requires maintenance; or
8.6. Amaroomi has been ordered or recommended to do so by any security services, Court Order or a relevant regulatory authority.
9. NO WARRANTY
9.1. The Website is provided by Amaroomi on an “as is” basis. Amaroomi makes no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the service offered through the Website.
9.2. Whilst Amaroomi has taken reasonable measures to ensure the integrity of the Website, Amaroomi makes no warranty that the operation of the Website will be uninterrupted, timely, securely or error-free or that the same will be available by internet service providers, electricity suppliers, third party systems and third party maintenance providers, that defects will be corrected, that the software or the server that makes it available are free of viruses or bugs, or as to the full functionality, accuracy or reliability of the materials therein.
10. WARRANTY OF AUTHORITY
10.1. The Landlord User warrants and represents to Amaroomi that:
10.1.1. He has represented the Property accurately
10.1.2. He has registered his Property on his account in good faith with the intention of letting the Property to a Tenant; and
10.1.3. He is the registered owner of, or is authorised to let, the Property.
11. INTELLECTUAL PROPERTY (IP)
11.1. Amaroomi grants the User rights to use the Amaroomi Website, including the copyright and all Intellectual Property rights to the content herein, in accordance with thisdocument.
11.2. For purposes of this clause, “IP” means all specifications, operating processes and instructions, , databases, systems, , , algorithms, , methods, designs, , data, , confidential information, concepts and ideas of any nature (including of a technical, scientific, engineering, , trademarks, service marks, logos, slogans, trade names, domain names and brand names, regardless of whether IP rights actually exist in any such items, and any other tangible or intangible items in which rights to such IP rights may exist, and includes all of Amaroomi’s rights to the IP in any of the foregoing.
11.3. All rights, title, and interest worldwide, in any IP which prior to the Effective Date was used by Amaroomi in providing access to the Website and/or providing the Services shall remain vested in Amaroomi.
11.4. The User specifically acknowledges that the IP is licensed to Amaroomi by its holding company, Amaroomi (Pty) Ltd. This clause accordingly operates as a stipulatio alteri in favour of Amaroomi (Pty) Ltd which shall be entitled to enforce its rights in and to the IP at any time.
12. LIMITATION OF LIABILITY
12.1. Amaroomi shall not be responsible for the content of any linked sites and shall not be liable for any Loss suffered by the User arising from, or in any way connected with, the User’s interaction and/or transaction with any third-party website accessed via the Website.
12.2. Amaroomi shall not be liable to the User, whether in contract or delict, for:
12.2.1. any Losses incurred by the User which are not reasonably foreseeable;
12.2.2. any Losses incurred by the User as a result of the User’s use of the Website;
13. INDEMNITY
13.1. The User indemnifies Amaroomi, its directors, holding Company, associated entities, employees, agents and assigns (“Indemnified Party”) and holds the Indemnified Parties harmless against any Losses which Amaroomi or the User may suffer as a result of the User’s use of the Website
14. LANGUAGE, NOTICES
14.1. All communications between the User and Amaroomi shall be in writing and shall be in English.
14.2. By using the Website and accepting the terms of this document, the User agrees to receive all notices from Amaroomi electronically, including but not limited to notices relating to amendments or changes to this Agreement or any applicable policies, disclosures, notices, payment information, statements, responses to claims and other User communications that Amaroomi may be required by law to provide to the User from time to time (“Communications”).
14.3. Communications may be posted to the Website and/or sent by e-mail to the e-mail address listed in the User’s Information. All Communications will be deemed to be in writing and received or accessed by the User on such day on which it was sent unless the contrary is proved. The User is responsible for printing, storing and maintaining his own records of Communications, including a copy of this Agreement.
14.4. All Communications to Amaroomi shall be sent in writing to the following email address: info@Amaroomi.
15. GOVERNING LAW
The use of the Website shall be governed by the law of the Republic of South Africa.
16. GENERAL
16.1. No party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein or agreed to between the parties in writing.
16.4. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
17. CONTACT US
Registered Name: Amaroomi (Pty) Ltd
Registration Number: 2021/309955/07
Directors: Byron Geselowitz
Email: info@Amaroomi
Address: Unit 711 Hydro Park, 86 Grayston Drive, Sandown, Gauteng, 2196
