Terms of Service

By using the autoevict.com website (“Service”), or any services of AutoEvict, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

AutoEvict reserves the right to change these terms and conditions at any time. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Should any changes directly affect your current terms, you shall be notified in writing. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://autoevict.com/terms.

Violation of any of these Terms of Service will result in the termination of your account. While AutoEvict prohibits such conduct and content on the service, you understand and agree that AutoEvict cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

Interpretation of Terms and Conditions

1. The clause headings contained herein have been inserted for convenience only and are not to be taken into consideration in the interpretation of these Terms and Conditions.

2. Words and expressions defined in any clause will, for the purposes of these Terms and Conditions, bear the meaning assigned to the words and expressions in that clause.

3. Any reference to the singular includes the plural and vice versa. Any reference to one particular gender includes all other genders.

4. If any provision in a definition is a substantive provision, conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in these Terms and Conditions.

5. Where any number of days are prescribed in these Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or Public Holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday.

6. The rule of construction that any agreement shall be interpreted against the party responsible for the drafting or preparation thereof, shall not apply.

7. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

8. The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a party have the same meaning.

Account Terms

9. By using the autoevict.com website (“Service”), or any services of AutoEvict, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Continued use of and access to the autoevict.co.za website, will mean that you have read, understood and agree to be bound in full by the provisions of these terms and conditions. Unless the contrary is specified, these terms shall apply whether you use and access either free or paid-for services offered by the AutoEvict website.

10. By accessing AutoEvict’s website making use of the AutoEvict platform you warrant and represent that you have full legal capacity to make use of the services and will make use of this website for lawful purposes. You further agree, warrant and represent that the website and services provided by AutoEvict will only be used for its intended purpose.

11. AutoEvict’s website, branding, logo therein are protected under intellectual property legislation. Unless expressly authorised by these terms, further and alternatively without the express written consent of the authors and owners of said intellectual property, you undertake not to use, alter, copy, distribute, or transmit any content contained on this website. We claim no intellectual property rights over the material you, as the user provide to the Service, nor do we claim rights over any material that
is not subject to copyright protection. Your profile and materials uploaded remain yours. However, by setting your reports to be shared to people you choose, you agree to allow others to view and share your Content, and AutoEvict shall not be held liable for others sharing access to this content. AutoEvict does not pre-screen Content, but AutoEvict and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

12. The design, report templates and user interface of the Service is the sole intellectual property of AutoEvict Ltd, all rights reserved. You may not duplicate, copy, or reuse any portion of the Application, Documentation, Reports, visual design elements or concepts without express written permission from AutoEvict.

13. AutoEvict reserves the right to change these terms and conditions at any time. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Should any changes directly affect your current terms, you shall be notified in writing. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://autoevict.co.za/terms-of-service/

14. Violation of any of these Terms of Service will result in the termination of your account. While AutoEvict prohibits such conduct and content on the service, you understand and agree that AutoEvict cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

15. The user of the AutoEvict website hereby accepts and agrees that:

15.1. You must be 18 years or older to use this Service.

15.2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

15.3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

15.4. You are responsible for maintaining the security of your account and password. AutoEvict shall not be heldliable for any loss or damage from your failure to comply with this security obligation.

15.5. You are responsible for all content posted and activity that occurs under your account (even when said content is posted by others who have accounts under your account).

15.6. One person or legal entity may not maintain more than one free account.

15.7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

15.8. You hereby indemnify and hold AutoEvict harmless against any claim which may occur as a result of incorrect information provided to AutoEvict.

16. These Terms and Conditions will be binding on the parties hereto and their respective successors or
assigns.

Payment Terms

17. A valid credit card is required for paying accounts.

18. All charges are exclusive of VAT to SA based businesses and VAT will be added to your monthly bill. Please contact Support if you have an exemption.

19. All fees and charges payable to AutoEvict will be paid in South African Rands (ZAR), free from deduction or set-off whatsoever.

20. Insofar as it may be required by AutoEvict you hereby consent and authorise AutoEvict to draw against your nominated bank account, with banking details provided to AutoEvict, any amounts due and payable to AutoEvict on the day selected by you, or any other date as agreed between the parties.

21. All such withdrawals from your bank account by AutoEvict shall be treated as though they had been signed or authorised by you personally. You hereby authorise AutoEvict to verify the Client’s bank account details with the relevant bank as required by law.

22. You hereby agree to sign any documentation required by AutoEvict to give effect to the provision as set out in above.

23. A tax invoice rendered by AutoEvict shall serve as prima facie proof of any amounts due and owing to AutoEvict by yourself.

24. AutoEvict reserves the right to increase or amend any charges or fees payable by yourself to AutoEvict in respect of the services offered or rendered by AutoEvict. In such instance AutoEvict will provide you with 30 (Thirty) days’ written notice of any such amendment or change.

Modifications to the Service and Prices

25. AutoEvict reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

26. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the AutoEvict Blog (autoevict.com/blog) or the Service itself.

27. AutoEvict shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

28. AutoEvict does not pre-screen Content, but AutoEvict and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

Jurisdiction and Governing Law

29. All agreements or transactions between you and AutoEvict, including these Terms and Conditions will be governed by the laws of the Republic of South Africa.

30. Without limiting the jurisdiction that any other court may have, the parties consent, in terms of section 45 of the Magistrates’ Courts Act 32 of 1944 to the jurisdiction of the Magistrate’s Court for the purpose of any proceedings in terms of or incidental to these Terms and Conditions or any Service between you and AutoEvict, even in the event that the amount claimed or the value of the matter in dispute may exceed such jurisdiction.

Domicilium and Notices

31. You choose as your domicilium citandi et executandi for all purposes relating to any service and these Terms and Conditions as the addresses, specifically the e-mail address, as provided to AutoEvict during the signup process.

32. You agree that AutoEvict will be entitled to deliver any notice to you by e-mail, sent to the e-mail address provided to AutoEvict during the signup process. All e-mails will be deemed to be received on the day of dispatch. You shall bear the burden of proof proving that a notice was not received.

33. Notwithstanding anything to the contrary contained in these Terms and Conditions, a written notice actually received by shall be an adequate notice or communication, even in the event that it was not sent to or delivered in terms of this clause. The onus is on the user to ensure that within 14 (fourteen) business days thereof, that they will notify AutoEvict of any changes to their domicilium address.

34. Any notice in terms of, or in connection with any service provided or these Terms and Conditions shall be valid and effective only if in writing.

Obligations of AutoEvict

35. AutoEvict undertakes to exclusively act within the legal framework set out in terms of all regulations and legislation, including but not limited to, rental housing, consumer protection, the protection of personal information and electronic communications and transactions.

36. AutoEvict will notify you of any changes to these Terms and Conditions or amendments to services offered by AutoEvict.

User Obligations

37. You undertake to at all times provide AutoEvict correct, unaltered and current information regarding the tenant when using the AutoEvict service.

38. You shall do all things necessary and will provide AutoEvict with any information, assistance or support as requested from or required by AutoEvict in order to render or give effect to the services offered by AutoEvict.

39. You undertake to fulfil all obligations in terms of the lease agreement and to comply with all laws and regulations regarding rental housing. In the event that you are or were in breach of any of your own obligations in terms of the lease agreement, AutoEvict will be entitled to deny any request for actions in terms of the services offered by AutoEvict on your behalf.

40. You will not infringe upon the rights of the tenant in any way, should you deprive the tenant of undisturbed use of the property in any way, for instance by locking the tenant out or interfering in any way with any utility supply to the property, AutoEvict reserves the right to decline any further services. In so doing AutoEvict will be entitled to retain any moneys paid by you in respect of previous services rendered.

Confidentiality and Compliance

41. The parties hereto shall to the extent necessary exchange such proprietary or confidential information as is reasonably necessary for each to perform its obligations and exercise its rights in terms of the service.

42. Information relating or pursuant to the agreement provided by either party to the other in any form, whether identified as confidential or proprietary or not, is deemed to be confidential information. As such, each party hereto shall treat all information in the strictest of confidence and shall not use such information for any purpose other than contemplated by the service and as included in these Terms and Conditions.

43. This clause will survive the suspension or cancellation of any agreement between yourself and AutoEvict.

44. You agree that AutoEvict may collect and store any personal information obtained during the application process or any time thereafter. You undertake to provide such personal information on request by AutoEvict, failure to do so may result in the inability to process the service or effectively attend to any actions by AutoEvict required in terms of these Terms and Conditions.

45. The type of personal information required by AutoEvict by you may depend on the nature of the interaction with AutoEvict. AutoEvict undertakes to only collect personal information to the extent that it is necessary or appropriate to fulfil the purpose of your interaction with AutoEvict.

46. AutoEvict undertakes to only disclose personal information to those of its employees, agents, service providers and affiliated organisations that require such information for the purposing of processing such information or to give effect to any provision of these Terms and Condition or any services offered by AutoEvict and not to disclose such information to any other person.

47. AutoEvict undertakes to take all steps reasonably necessary to safeguard personal information against unauthorised access, use, adjustment or distribution.

48. AutoEvict may for transparency, fraud prevention, investigative purposes, or for the purposes of screening and validating your use of AutoEvict services; directly or with a third party use personal information or request additional personal information from you to attend to potential additional checks required by AutoEvict for the purpose of giving effect to these Terms and Conditions or any service agreement between AutoEvict and yourself.

Limitation of Liability

49. AutoEvict will not be held liable for any loss or damage suffered by you as a result of any actions by AutoEvict, unless it occurred as a result of gross negligence by AutoEvict or as a result of contravention of any laws.

50. Should either party suffer any loss as a result of a reason beyond the control of the other party, it is hereby agreed that neither party will be entitled to a claim for damages as a result of such incident. In the event that any incident beyond the control of the parties renders performance by either party impossible, the service agreement between the parties shall terminate immediately and neither party shall have any claim for damages against the other.
 

General Conditions

51. AutoEvict is based on South African Law and can only be used for properties situated within the borders of South Africa.

52. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. In addition to the warranties and indemnities set out above, you hereby agree and undertake to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your violation of any provision of these Terms; your violation of any third party right including, without limitation any intellectual property rights, or other property or privacy rights; or any claim that the user content caused damage to a third party. All indemnity provisions set out in these Terms will survive termination, modification or expiration of these Terms.

53. Technical support is only provided to paying account holders and is only guaranteed via email, phone lines are available during office hours but availability cannot be guaranteed.

54. You understand that AutoEvict uses third-party vendors and partners to provide parts of the necessary hardware, networking, storage, and related technology required to run the Service.

55. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, AutoEvict, or any other AutoEvict service.

56. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AutoEvict.

57. You agree that by using the Service, you grant AutoEvict permission to use your company name and logo in our promotional marketing, website and exhibitions.

58. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

59. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AutoEvict customer, employee, member, or manager will result in immediate account termination.

60. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

61. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.

62. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by AutoEvict) of other AutoEvict customers, we reserve the right to request an increase or upgrade of your account to meet service standards.

63. AutoEvict does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected immediately.

64. You expressly understand and agree that AutoEvict shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AutoEvict has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

65. The failure of AutoEvict to exercise or enforce any right or provision of the Terms of Service, or any indulgence granted by AutoEvict, shall not constitute a waiver of such right or provision.

66. The Terms of Service constitute the entire agreement between you and AutoEvict and govern your use of the Service, superceding any prior agreements between you and AutoEvict (including, but not limited to, any prior versions of the Terms of Service).

67. You agree that all terms of these Terms and Conditions are severable, regardless of the particular grouping of terms. You acknowledge your intention to be bound by these Terms and Conditions even in the event that any provision may be found to be unenforceable or void or voidable, in which case the provision concerned shall be severed from the other provisions. The remaining provisions shall continue to be of full force and effect.

68. You and AutoEvict undertake to do all such things necessary, to perform all such acts and to take all such steps as may be available to and necessary for or incidental to give effect to or maintain these Terms and Conditions and service between the parties.

Queries regarding the Terms of Service may be sent to info@autoevict.co.za.