Terms of Service

By accessing or using the LuxeZA platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform. These Terms apply to all visitors, users, agents, and others who access or use the Service. By using our platform, you represent that you are at least 18 years old and have the legal capacity to enter into binding contracts. **Consumer Protection Act (CPA)**: Nothing in these Terms is intended to unlawfully restrict, limit, or avoid any rights or obligations under the Consumer Protection Act 68 of 2008 that cannot be restricted, limited, or avoided in law.

LuxeZA provides an online platform that connects property buyers, sellers, renters, and real estate agents in South Africa. Our services include: • **Property Listings**: Browse, search, and view property listings from verified agents. • **Agent Services**: Connect with qualified real estate professionals. • **Subscription Plans**: Premium features for real estate agents to enhance their listings. • **Communication Tools**: Secure messaging between users and agents. • **Market Insights**: Property valuations and market data (where available). We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice inside the bounds of reasonable commercial practice.

To access certain features, you must create an account. You are responsible for: • Maintaining the confidentiality of your account credentials • All activities that occur under your account • Notifying us immediately of any unauthorized use • Providing accurate and complete registration information **FICA Compliance**: As a platform facilitating property transactions, specific users (specifically Agents and Sellers) may be "Accountable Institutions" under the Financial Intelligence Centre Act (FICA). You agree to: • Provide certified copies of your Identity Document and Proof of Residence when required. • Cooperate with any due diligence or Know Your Client (KYC) checks initiated by agents or LuxeZA. We reserve the right to suspend accounts that fail to comply with FICA requirements.

Real estate agents using our platform must: • Hold a valid Fidelity Fund Certificate (FFC) issued by the Property Practitioners Regulatory Authority (PPRA) (formerly EAAB). • Provide accurate and truthful information in all listings. • Respond to inquiries in a timely and professional manner. • Comply with the Property Practitioners Act and all applicable regulations. • Not engage in discriminatory practices. • Maintain appropriate professional indemnity insurance. • Keep all listing information current and remove sold/let properties promptly. Violation of these responsibilities may result in account suspension or termination and reporting to the PPRA.

All property listings must: • Be accurate, truthful, and not misleading. • Include only properties the agent is authorized to market (Mandates). • Contain current pricing and availability information. • Include genuine photographs of the actual property. • Comply with the Consumer Protection Act. • Not infringe on any third-party rights. We do not guarantee the accuracy of any listing information. Users should independently verify all details before making any decisions.

**For Users**: Access to property listings and basic search features is free. **For Agents**: Subscription plans are available with varying features and pricing. By subscribing: • You authorize us to charge your payment method for applicable fees. • Subscriptions renew automatically unless cancelled via your account settings. • No refunds are provided for partial subscription periods, subject to CPA cooling-off rights where applicable. • Prices may change with 30 days' notice. • Failure to pay may result in suspension of services. All prices are in South African Rand (ZAR) and include VAT where applicable.

You agree not to: • Use the platform for any unlawful purpose. • Post false, inaccurate, or misleading content. • Impersonate any person or entity. • Harass, abuse, or harm other users. • Attempt to gain unauthorized access to our systems. • Interfere with the proper functioning of the platform. • Scrape, data-mine, or extract data without permission (except for public search engine indexing). • Use automated systems to access the platform without consent. • Circumvent any security measures. • Engage in anti-competitive practices.

All content on LuxeZA, including but not limited to logos, designs, text, graphics, and software, is owned by or licensed to us and is protected by intellectual property laws. **Your Content**: You retain ownership of content you post but grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute it on our platform and marketing channels. **Trademarks**: LuxeZA and our logo are registered trademarks. Use of our trademarks without prior written consent is prohibited.

To the maximum extent permitted by law: • LuxeZA is provided "as is" without warranties of any kind. • We do not guarantee uninterrupted or error-free service. • We are not liable for any indirect, incidental, or consequential damages. • Our total liability shall not exceed the amount you paid us in the past 12 months. • We are not responsible for actions of third parties, including agents and users. We do not act as a real estate agent or broker (unless explicitly stated) and are not party to any property transactions conducted through the platform.

You agree to indemnify, defend, and hold harmless LuxeZA, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: • Your use of the platform. • Your violation of these Terms. • Your violation of any third-party rights. • Any content you post or submit. • Any property transactions you enter into.

Any disputes arising from these Terms or your use of LuxeZA shall be: • First attempted to be resolved through informal negotiation within 14 days. • Subject to mediation in Johannesburg, South Africa. • If unresolved, referred to arbitration under the rules of the **Arbitration Foundation of Southern Africa (AFSA)**. • Governed by the laws of the Republic of South Africa. The courts of South Africa shall have exclusive jurisdiction over any matters arising from these Terms. Users (Consumers) may also refer disputes to the National Consumer Commission where applicable.

**Force Majeure**: We are not liable for failure to perform our obligations due to events beyond our control, including but not limited to Acts of God, load shedding (grid failure), strikes, or internet service provider failures. **Severability**: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. **Modifications**: We may modify these Terms at any time. Material changes will be communicated via email or prominent notice.

We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms. Upon termination: • Your right to use the platform ceases immediately. • Active subscriptions will not be refunded (except where CPA dictates). • We may delete your content and data subject to our Privacy Policy.

For questions about these Terms of Service, please contact us: **Email**: legal@luxeza.co.za **Address**: 123 Main Street, Sandton, Johannesburg, 2196 **Phone**: +27 11 123 4567 **Regulatory Bodies**: • Property Practitioners Regulatory Authority (PPRA): https://theppra.org.za/ • Estate Agency Affairs Board (EAAB): https://wcg.gov.za/