Habitat Realty

Terms & Conditions

Please read these terms carefully before using our website and services.

Last updated: February 2025

1. Acceptance of Terms

By accessing and using the Habitat Realty website (the "Website"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Website. Your continued use of the Website constitutes your acceptance of these Terms.

These Terms should be read together with our Privacy Policy, which governs the collection and use of your personal information.

2. About Us

Artelio Technology Services (Pty) Ltd, trading as Habitat Realty (Reg No. 2019/354460/07), is a real estate agency based at 298 Main Rd, Kenilworth, Cape Town, 7708, South Africa. Directors: Gillian Clemen (SA). We are registered with the Property Practitioners Regulatory Authority (FFC No. 202514012360000). We provide property sales, rental, and advisory services to buyers, sellers, landlords, and tenants.

3. Use of Website

You are granted a limited, non-exclusive, non-transferable licence to access and use this Website for personal, non-commercial purposes. You may view, download, and print pages from this Website for your own personal use, subject to the following restrictions:

  • You must not republish, sell, rent, or sub-license material from this Website
  • You must not reproduce, duplicate, or copy material from this Website for commercial purposes
  • You must not redistribute content from this Website except where content is specifically made available for redistribution
  • You must not use the Website in any way that causes or may cause damage to the Website or impairment of its availability

4. Property Information Disclaimer

Property listings, descriptions, photographs, measurements, features, and related information displayed on this Website are provided in good faith and are based on information supplied to us by property owners, developers, and other third parties. While we take reasonable care to ensure accuracy:

  • We do not warrant or guarantee the accuracy, completeness, or reliability of any property information displayed on this Website
  • Property information, including prices, availability, and features, may change without notice
  • Photographs may not accurately represent the current condition of a property
  • Floor plans and measurements are approximate and should be independently verified
  • Property listings on this Website do not constitute a legal offer to sell, lease, or rent
  • All property transactions are subject to separate written agreements between the relevant parties

We strongly recommend that you independently verify all property information before making any purchasing, renting, or investment decisions. You should engage qualified professionals (inspectors, valuators, conveyancers) for due diligence.

5. Bond Calculator Disclaimer

The bond (mortgage) calculator and any financial tools provided on this Website are for illustrative and informational purposes only. The results generated:

  • Are estimates based on the information you provide and assumptions about interest rates and loan terms
  • Do not constitute financial, investment, tax, or legal advice
  • Do not represent an offer of finance, a pre-approval, or a guarantee of any loan terms
  • May differ from actual bond repayments, which depend on your individual financial circumstances, creditworthiness, and lender requirements
  • Do not account for all costs associated with a property purchase (e.g., transfer duty, legal fees, rates, levies)

You should consult a qualified financial advisor or mortgage originator before making any financial decisions related to property.

6. User Accounts

If you create an account on our Website, you are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Ensuring that all information you provide is accurate and up to date
  • Notifying us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms, provided false information, or engaged in conduct that we consider harmful to our business or other users.

7. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, photographs, video, audio, software, and design, is the property of Habitat Realty, property owners, or our licensors, and is protected by South African and international copyright, trademark, and other intellectual property laws.

The Habitat Realty name, logo, and brand elements are trademarks of Habitat Realty. You may not use our trademarks without our prior written consent.

8. Acceptable Use

You agree not to use this Website to:

  • Engage in any unlawful, fraudulent, or harmful activity
  • Scrape, harvest, or extract data from the Website using automated tools or bots without our written permission
  • Transmit spam, unsolicited communications, or malicious content
  • Attempt to gain unauthorised access to our systems, accounts, or data
  • Interfere with or disrupt the operation of the Website
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Post or transmit any material that is defamatory, offensive, discriminatory, or otherwise objectionable
  • Use property listings or photographs for any purpose other than personal property search

9. Inquiries and Communications

When you submit an inquiry or communication through our Website:

  • We will make reasonable efforts to respond promptly, but do not guarantee specific response times
  • Inquiries and responses do not constitute binding offers, acceptances, or commitments to transact
  • Property availability and pricing are subject to change and must be confirmed in writing
  • Any information provided in response to your inquiry is for guidance only and should not be relied upon as professional advice

10. Limitation of Liability

To the fullest extent permitted by South African law:

  • We provide this Website and its content "as is" and "as available", without any warranties of any kind, whether express or implied
  • We do not accept liability for any inaccuracies or omissions in property information, pricing, or availability
  • We are not liable for any loss or damage arising from your reliance on property information, bond calculator results, or other content on this Website
  • We are not liable for any indirect, consequential, special, or incidental losses, including loss of profits, loss of data, or loss of opportunity
  • We are not liable for any decisions you make, including property purchases, investments, or financial commitments, based on information found on this Website
  • Our total liability to you for any claim arising from or related to this Website shall not exceed the amount you have paid to us, if any, in the 12 months preceding the claim

11. Indemnification

You agree to indemnify, defend, and hold harmless Habitat Realty, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from or related to your use of the Website, your violation of these Terms, or your infringement of any third-party rights.

12. Third-Party Links

This Website may contain links to third-party websites or services. These links are provided for your convenience only and do not imply endorsement, sponsorship, or approval. We have no control over the content, privacy practices, or availability of third-party websites and accept no responsibility or liability for them.

13. Amendments

We reserve the right to amend these Terms at any time. Any changes will be posted on this page with an updated "Last updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Website after any changes constitutes your acceptance of the amended Terms.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Western Cape Division.

16. Contact

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

Habitat Realty

Email: info@habitatrealty.co.za

Phone: +27 83 678 8877

Address: 298 Main Rd, Kenilworth, Cape Town, 7708, South Africa