Terms and Conditions
Last Updated on 23 March 2020
Introduction
This page states the terms and conditions under which you may use the website www.frostpeak.co.za

Our physical address is:
193 Smit Street, Fairland House, Randburg, 2195

Definitions
The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the website.
The term "website" as used herein refers to www.frostpeak.co.za

General
By using the website, you are indicating your acceptance to be bound by these terms and conditions. The website may revise these terms and conditions at any time by updating this page. You should visit this page periodically to review the terms and conditions, to which you are bound.
Terms of Use
Users may not use the website in order to transmit, distribute, store or destroy material:
in violation of any applicable law or regulation;
in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
that is defamatory, obscene, threatening, abusive or hateful.

The following is prohibited with respect to the website:
Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without Frost Peak's prior written permission;
Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
Attempting to access any area of the website to which access is not authorized.

Copyright and Intellectual Property Rights
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.

Privacy Policy
While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Frost Peak Property Management.
Frost Peak Property Management may use this information to provide you with information regarding our products, services, or events from time-to-time.
You may request that Frost Peak Property Management cease sending you such information or request that your personal information be removed from our database or mailing list at any time.
Frost Peak Property Management will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Frost Peak Property Management employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Frost Peak Property Management or its associated services or web site(s), Frost Peak Property Management will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
Frost Peak Property Management makes use of first-party and third-party cookies, as well as web beacons and similar technologies to deliver measurement services and targeted advertising to visitors. Cookies may include Google Analytics cookies, a DoubleClick cookie, and a Facebook Event Tracking cookie. No personal information is shared with any third party when providing these targeted services.
If you prefer not to receive interest-based advertising in web browsers from Google, Facebook or other participating advertisers, you can make use of mechanisms such as the Digital Advertising Alliance's (DAA) Self-Regulatory Program for Online Behavioural Advertising (www.aboutads.info/choices).
For detail regarding the information Google collects and how it is used to deliver targeted advertising please visit http://www.google.com/policies/privacy/ads/
Frost Peak Property Management is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites.

Security 
Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
sending unsolicited email, including promotions and/or advertising of products or services;
forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
deleting or revising any material posted by any other person or entity;
using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
Violations of system or network security may result in civil or criminal liability. Frost Peak Property Management will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer
The website is not involved in the buying, selling or development of the property process and must not be considered to be an agent, buyer and/or a developer with respect to the use of the website.
Whilst Frost Peak Property Management has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system. 
In no event shall Frost Peak Property Management , and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.

Severability
These Terms & Conditions constitute the entire agreement between Frost Peak Property Management and you. Any failure by Frost Peak Property Management to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision.
In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Applicable Law
This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.
Disputes
All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be communicated at that point where it will be held, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.
Frost Peak Property Management E-mail Disclaimer
This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the attachments to any other person including the intended recipient. Please destroy this message and notify Frost Peak Property Management if this is the case.
Any comments and statements contained within this message should be seen as opinions only and not statements of fact. Frost Peak Property Management will not accept liability for any loss suffered as a result of relying on this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity of the message.
An e-mail is deemed to have been sent as soon as it is reflected in our service provider's mail server logs and is deemed to be received once we have either sent a delivery receipt or confirmed receipt by way of e-mail.
Frost Peak Property Management takes all reasonable steps to ensure that this e-mail message is free from destructive code (such as viruses) but cannot guarantee the message is free from destructive code and so cannot be held liable for any loss or damage due to destructive code. Please inform us as soon as possible should you become aware of any destructive code that originated from this e-mail.
Frost Peak Property Management may monitor e-mails in an attempt to ensure the quality of communications as well as for purposes of investigating or detecting the unauthorised use of the e-mail system. Please do not communicate via this e-mail system if you do not wish for your communications to be subjected to such scrutiny.
Property Listing Service
If you use the Frost Peak Property Management property listing service (Listing Service) then, in addition to the terms and conditions above, the following terms and conditions apply.
In the following, "material" includes any text, photographs, floor plans or other material prepared and submitted by any third party service provider on your behalf.
Frost Peak Property Management is not, and does not hold itself out to be:
an estate agent generally, or an "estate agent" as defined and contemplated in the Estate Agency Affairs Act, 1976, as amended, or any replacement legislation, in particular; or an attorney, conveyancer, financial or tax advisor, mortgage bond originator, or valuer. 
Frost Peak Property Management has no power as agent or otherwise to negotiate or conclude any agreement on your behalf, and no such power must be inferred. You are liable for all obligations and consequences howsoever arising from your negotiation or conclusion of any agreement pursuant to the use of the Listing Service. You are strongly urged to make detailed enquiries about any party that you intend negotiating or contracting with, and to obtain advice from a qualified professional before concluding any contract.

If you are an interested tenant using the Rental Service then, in addition to, and without limiting any of the terms and conditions above, the following terms and conditions apply: 
On each occasion that you submit material, you agree that Frost Peak Property Management will be entitled, at any time and from time to time, to (i) carry out a full risk assessment on you including a credit check with a credit bureau and any other source, and (ii) provide the credit bureau and other source with all information about you provided by you.
You agree, on demand, to provide Frost Peak Property Management with further information as we may require to carry out the risk assessment, including (without limitation) proof of address and bank statements.
When viewing a property, you agree to strictly adhere to the instructions of the landlord.
Frost Peak Property Management gives no warranties and makes no representations about the listed property, including any warranty or representation that the property is free of defects or fit for purpose.
Lease Agreement Service. Frost Peak Property Management includes in the Rental Service a service (Lease Service) that enables you to obtain a blank lease agreement (Lease) for completion. If you use the Lease Service then, in addition to, and without limiting any of the terms and conditions above, the following terms and conditions apply:
As noted above Frost Peak Property Management is not an attorney, conveyancer or estate agent, and does not purport to be any of those.
Frost Peak Property Management is not able to, does not, and does not purport to provide any legal services.
The Lease is provided to you for information purposes only.
If you decide to use the Lease, Frost Peak Property Management gives no warranties and makes no representations about the Lease, including any warranty or representation that the Lease is error-free or fit for purpose.
In no event shall Frost Peak Property Management be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) howsoever arising out of or in any way connected with your use of the Rental or Lease Service, whether as landlord or tenant, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise. You indemnify Frost Peak Property Management accordingly.
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