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Emira Property Fund

WEBSITE TERMS AND CONDITIONS AND PRIVACY STATEMENT

1. INTRODUCTION

  1. Emira Property Fund Limited is a diversified real estate investment trust company, with a property portfolio of predominantly South African assets which span multiple sectors, namely office, retail, industrial and residential.
  2. These terms and conditions regulate the use of Emira Property Fund’s website and also incorporates its protection of personal information privacy statement. 
  • interpretation

The following words and expressions have the following meanings ascribed to them in these website terms and conditions: 

    1. “Content” means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our Website;
    2. “Data Message” shall have the same meaning attributed to it in terms of the Electronic Communications and Transactions Act (Act no. 25 of 2002);
    3. “Emira” or “us” or “we” or “our” means Emira Property Fund Limited (registration number: 2014/130842/06);
    4. “Intellectual Property” means but is not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including our site’s look and feel), inventions, trademarks, tables and compilations of data which are created, invented and/or developed, registered or unregistered on our Website and Content;
    5. “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, as contemplated in the Protection of Personal Information Act (Act no. 4 of 2013); 
    6. “Privacy Statement” means Emira’s protection of personal information privacy policy, which is incorporated in these Terms of Use; 
    7. “Processing” means the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form or merging, linking, as well as restriction, degradation, erasure or destruction of Personal Information;
    8. “Terms of Use” means these terms and conditions regulating the use of the Website;
    9. “User” or “you” means any person who access and/or uses the Website;
    10. “Website” means the website of Emira which can be accessed at  https://www.emira.co.za or such other URL as Emira may choose from time to time.
  2. TERMS OF USE
    1. These Terms of Use and our Privacy Statement incorporated herein are applicable to all persons who access and use the Website. 
    2. Before making use of our Website, please read these Terms of Use and our Privacy Statement carefully. By accessing, using and browsing our Website, and referring to, viewing, and/or downloading Content, you are entering into a legally binding contract with Emira upon (i) these Terms of Use; and (ii) our Privacy Statement incorporated into these Terms of Use and forms part thereof, and you further agree that:
      1. these Terms of Use and our Privacy Statement are valid, binding and enforceable from the moment you access our Website, 
      2. you conclude an agreement with us in respect thereof in Johannesburg, Gauteng Province, South Africa, which agreement is governed by the laws of the Republic of South Africa; 
      3. if any term or condition of these Terms of Use or our Privacy Statement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term of these Terms of Use or our Privacy Statement.
    3. These Terms of Use and our Privacy Statement apply to the entire content of the Website and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website for any purpose indicates that you have read, understood and accept these Terms of Use and the Privacy Statement and agree to be bound by them.
    4. If you do not agree to these Terms of Use and the Privacy Statement, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website.
  3. CHANGES TO THESE TERMS OF USE, OUR PRIVACY POLICY, THE Website and/or ANY Content
    1. We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
      1. change these Terms of Use or our Privacy Statement;
      2. change or remove Content accessible on the Website;
      3. change or discontinue any aspect of the Website or any services accessible on the Website; and
      4. change the software and/or hardware required to access and use the Website.
    2. Your continued access or use of the Website and its Content and/or any services offered will be subject to the Terms of Use in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or any services.
    3. We may update our Website and the Content from time to time.  
    4. We may stop publishing on our Website at any time. This may be done without notice and we will not be responsible for any consequences that result therefrom.
  4. ACCESSING OUR WEBSITE
    1. Access to our Website is made available free of charge.
    2. We do not guarantee that our Website and the Content will always be available or be uninterrupted or error free. Access to our Website is permitted on a temporary basis. We will not be liable to you, if for any reason, our Website is unavailable.
    3. You are responsible for the arrangements necessary for you to have access to our Website. This includes, but is not limited to, data and the costs associated with it.
    4. We do not guarantee that our Website will function on any particular hardware or devices. Use of our Website may also be subject to malfunctions and delays inherent to the use of the Internet and electronic communications.
    5. You are responsible for ensuring that all persons who access our site through your Internet connection are aware of these Terms of Use, and that they comply therewith.
  5. RIGHTS GRANTED TO YOU
    1. Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access, and use our Website and the Content at any time solely for your personal and non-commercial use. Use of any services that may be offered through our Website will be subject to these Terms of Use and our Privacy Statement.
    2. We reserve any rights not expressly granted herein. 
  6. Permitted use and PROHIBITED conduct
    1. We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:

      1. such Content is used for non-commercial purposes only;
      2. any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our Intellectual Property rights or the Intellectual Property rights of third parties;
      3. use of the Content is in accordance with these Terms of Use and the Privacy Statement;
    2. You must not, directly or indirectly, do any of the following things:
      1. perform any action that violates these Terms of Use or the Privacy Statement or any guidelines or policies posted by us;
      2. use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
      3. perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including Intellectual Property rights;
      4. use any technology or other means to access, index, frame or link to any services (including the Content) in a way that is not expressly authorized by us;
      5. collect or process information in violation of our Privacy Statement; or
      6. interfere with any other person’s use and enjoyment of any services, the Website, or the Content;
    3. Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
    4. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.
    5. You may not use our Website or the Content:
      1. in any way that breaches any applicable local, national or international laws or regulations;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; 
      3. to transmit, or procure the sending of, unsolicited or unauthorised advertising, promotional material or any other form of similar solicitation (“Spam”);
      4. to knowingly transmit/send viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs; or
      5. to gain unauthorised access, interfere with, damage or disrupt any part of our Website and the equipment or network on which the Website is stored;
      6. to make any speculative, false or fraudulent statements or enquiries;
      7. to remove any copyright, trademark or other proprietary notices from our Website or any of the Content;
      8. to reproduce, copy, modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or any part thereof or the Content;
      9. to decompile, reverse engineer or disassemble our site or any of the Content;
      10. to cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of the Website; 
      11. for unduly burdening or hindering the operation and/or functionality of any aspect of our Website;
      12. to frame our Website;
      13. to access or use our website or the Content through automated means, including but not limited through the use of robots, spiders, or offline readers; or
      14. to attempt to gain unauthorised access to or impair any aspect of our Website and its related systems or networks;
      15. to incorporate e-mail addresses, names, telephone numbers and/or fax numbers published on our Website into any database used for commercial purposes or electronic marketing or similar purposes in contravention with our Privacy Statement and POPIA.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property attached to or displayed on the Website is the property of Emira or it is duly licensed to Emira and may not be used outside the licensed terms as set out under these Terms of Use.
    2. You may draw the attention of other persons to the Content posted on our Website or by sharing it via social networks or other means available.
    3. You may not modify copies of the Content you have printed off or downloaded from our Website. Any illustrations, photographs, video or audio sequences or graphics which accompany text, may not be used separately from the text nor may you claim that it is yours.
    4. Unless otherwise agreed to under these Terms of Use, Emira does not grant you any rights:
      1. in or related to our Website or any services displayed thereon; or
      2. to use Emira’s business name, logo, trademarks or those of our licensors (whether registered or un-registered).
  8. CPA, POPIA and other laws
    1. If these Terms of Use (or any contract governed by these Terms of Use) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008 (“CPA””), POPIA or any other other laws, it is not intended that any provision of these Terms of Use contravene any provision of the CPA, POPIA or such other laws. 
    2. Therefore all provisions of these Terms of Use must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, POPIA and such other laws are complied with.
    3. No provision of these Terms of Use (or any contract governed by these Terms of Use):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into these Terms of Use (or any contract governed by these Terms of Use) by the CPA, POPIA or other applicable laws (to the extent applicable) or which we give under the CPA, POPIA, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  9. LIMITATION OF LIABILITY

IMPORTANT NOTICE:

    1. Subject to the provisions of clause 9 above, and to the extent allowed by law, Emira shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or any services or the Content provided from and through the Website. 
    2. You are granted access to the Website on an “as is” basis and our Website has not been compiled or supplied to meet any User’s individual requirements.
    3. Any information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
    4. Emira excludes all conditions, warranties, representations or other terms which may apply to our Website or the Content on it, whether express or implied. Emira makes no representations, guarantees or warranties regarding the quality, reliability, suitability, or availability of the Website or the Content.
    5. You agree that it is within your sole discretion to access and use our Website and that the risk arising out of your access and use of the Website remains solely with you to the maximum extent permitted under any applicable law. 
    6. You indemnify Emira, its shareholders, directors, partners, employees, agents, affiliates and representatives against any claim, demand, damage, costs, loss or liability (including reasonable attorney fees) of whatever nature and related to you using and accessing the Website and/or browsing, referring to, viewing, and/or downloading the Content.
    7. You indemnify and hold Emira, its shareholders, directors, partners, employees, agents, affiliates and/or representatives agents harmless from all claims, demands, losses, liabilities and expenses (including attorney and own client fees), arising out of or in connection with: 
      1. your breach or violation of any of these Terms of Use or our Privacy Statement; and/or
      2. your violation of the rights of any third party.
  2. SECURITY
    1. It is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our Website are completely secure at all times.
    2. To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the Electronic Communications and Transactions Act (Act no. 25 of 2002), you agree to our right to intercept, monitor, block, read, delete or access all data sent to our website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications.  
    3. Emira does not guarantee that documents or files downloaded from our Website will be free from viruses and does not accept any responsibility for any damage or loss caused by any virus. You must ensure that you use virus-checking software when using our Website and further agree not to upload or provide, through our Website, any document or file which may contain a virus.
  3. LINKING TO OUR WEBSITE
    1. Any linking must occur in a manner that is fair, legal and does not damage Emira’s reputation, take advantage of it or breaches any provision of these Terms of Use.
    2. No link may be established in such a manner that suggests any form of association, approval or endorsement with or by Emira, where none exists.
    3. No link to our Website may be provided in any website that is not owned by you.
    4. Emira reserves the right to withdraw linking permission without notice.
  4. HYPERLINKS FROM OUR WEBSITE

Where our Website or any of the Content contain links to other websites, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies or statements may apply to your use of such third party websites. Emira does not endorse or approve of the operators and/or owners of any third party websites, and/or material on such those third party websites.

  1. SOCIAL MEDIA
    1. You agree that when using and accessing the Website and/or browsing, referring to, viewing, and/or downloading the Content, or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Facebook, Twitter, LinkedIn) or any other social network facility made available by us, you will: 
      1. not use it in any improper or unlawful manner or in breach of any licence that applies to you;
      2. not harass others or disclose personal information about others;
      3. not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
      4. not submit, post or upload files, without consent, that contain software or other material, the intellectual property rights of which are owned by any third party, or that is protected by rights of privacy or publicity of any third party;
      5. not upload files that contain viruses, corrupted files, or any other software or programs that may 
      6. interfere with or damage the operation of the social network page or any other computer;
      7. not impersonate any person or entity or falsely misrepresent yourself in any way;
      8. not promote any illegal activity;
      9. not use software to harvest information from the social media network page;
      10. not submit any material which is prohibited by any applicable data protection or privacy legislation;
      11. not submit, post or upload any Content or materials or otherwise do anything in breach of the social media platform’s Terms of Use and Conditions;
      12. abide to the particular social media platform’s Code of Conduct or Community Guidelines or any other similar rules and guidelines;
      13. be solely responsible for all Content, information or materials of whatever nature or medium that you submit, post, upload, publish or display on or through any social media network, or transmit to or share with other Users. 
    2. You acknowledge and agree that:
      1. although we are not obligated, we may monitor the Content on our social media platform page(s). This includes, but is not limited to, deleting from the said page without notice, any Content of whatever nature, for any or no reason;
      2. social media is not a medium for conflict resolution or lodging complaints and any complaints must be e-mailed to info@emira.co.za.
  2. Use of Cookies
    1. The Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
    2. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize some of Emira’s pages, a cookie helps Emira to recall your specific information on subsequent visits. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the Emira features that you customised.
    3. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience some of the features of the Website.
  3. Data protection
    1. We collect Personal Information from you and you may submit Personal Information to us. We will handle the collection, processing and storage of your Personal Information in accordance with our Privacy Statement.
    2. By disclosing or submitting your Personal Information to us, you consent to us collecting, processing and storing your Personal Information for the purposes described in our Privacy Statement.
  4. BREACH, SUSPENSION AND TERMINATION
    1. It is solely within Emira’s discretion to determine whether, through your use, there has been a breach of these Terms of Use. When a breach occurs, we may take such action as we deem appropriate.
    2. We specifically exclude any liability for our actions taken in response to any breach of these Terms of Use.
    3. All costs, charges and expenses which may be incurred by us in enforcing our rights in terms hereof, shall be recoverable from you if the above rights are successfully enforced. These costs, charges and expenses include, without limitation, legal costs on the scale as between an attorney and own client and collection commission and is irrespective of whether any action has been instituted;
    4. No relaxation or indulgence, by either Emira or you, shall constitute a waiver of the rights of that party. It also shall not preclude that party from exercising any rights which may have arisen in the past or may arise in future.
    5. Any provision under these Terms of Use which contemplates performance or observance, after any termination or expiration of these Terms of Use, shall survive any termination or expiration and shall continue in full force and effect.
  5. ELECTRONIC COMMUNICATION AND CONTACT
    1. Any Data Messages sent by us to you shall be deemed to have been sent from Emira’s address at the First Floor, Building A, Knightsbridge, 33 Sloane Street, Bryanston, Gauteng Province.
    2. A Data Message is deemed to be sent:
      1. By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
      2. By you, at the time when we confirm receipt (excluding an automated response) thereof.
    3. A Data Message is deemed to be received:
      1. By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated as such by us; and
      2. By you, once it enters your information system;
    4. All information incorporated by the use of hyperlinks and / or other methods of reference shall form part of these Terms of Use. 
    5. You agree and warrant that any Data Message sent from any computer or device that is owned by you or programmed by you to us was sent by you.
    6. For purposes of electronic communications between you and us no electronic signature is required. The mere browsing of our Website demonstrates your intent to be a party to these Terms of Use.
  6. OUR PRIVACY STATEMENT
    1. Application

This Privacy Statement applicable to:

      1. the Website; and
      2. all Users that access and use the Website and/or browse, refer to, view, and/or download the Content,
      3. all the Personal Information which is collected and Processed by Emira when you access and use the Website and/or browse, refer to, view, and/or download the Content, and which may be provided to any operators for a specific purpose.
    2. Processing of Personal Information
      1. By accessing and using the Website you: 
        1. acknowledge that Personal Information has been collected directly from you and you expressly consent to its collection and Processing by Emira for the purposes stated in this Privacy Statement;
        2. acknowledge that you have read and understand this Privacy Statement;
        3. agree to be bound by this Privacy Statement; and 
        4. agree to comply with this Privacy Statement.
      2. Where you submit Personal Information (such as a name, residential or business address, telephone number, email address, identity number or juristic entity registration number) via the Website (for example through completing any online form) the following principles are observed in the processing of that Personal Information:
        1. Emira will only collect Personal Information for a purpose, consistent with the purpose for which the Personal Information is required. The specific purpose for which Personal Information is collected will be apparent from the context in which it is requested and provided.
        2. Emira will only process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it the Personal Information is processed.
        3. Personal Information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing, or Emira is permitted in terms of national legislation of general application to process the Personal Information for an alternative purpose as such.
        4. Emira will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 1 (One) year from the date on which it was last used.
        5. Emira will not disclose any Personal Information relating to you to any third party unless your prior written consent thereto has been obtained, or Emira is required to do so by law.
        6. If Personal Information is released to any third party with your consent, Emira will retain a record of the Personal Information released as such, the third party to which it was released, the reason for the release thereof and the date of release, for a period of 1 (One) year from the date on which it was last used.
        7. Emira may from time to time share Personal Information with the following parties:
          1. Emira’s employees, which will only be done on a need to know basis;
          2. Emira’s carefully selected business partners who may be of benefit to you, which will only be done on a need to know basis; and
          3. Emira’s operators such as service providers and agents who perform services on behalf of Emira, which will only be done on a need to know basis and in terms of an operator’s agreement.
        8. Emira does not share Personal Information with any third parties who have not been described above, unless:
          1. it is legally obliged to provide such information to another for legal or regulatory purposes;
          2. it is required to do so for purposes of existing or future legal proceedings;
          3. the onward transmission or sharing of the Personal Information is necessary for the pursuance or protection of Emira’s legitimate interests or that of a third party.
      3. Emira is involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption.
      4. Emira will destroy or delete any Personal Information that is no longer required by it for the purpose it was initially collected, or subsequently processed.
      5. As permitted by the Electronic Communications and Transactions Act (Act no. 25 of 2002), Emira may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
    3. Cross Border Transfer of Personal Information 

Where Emira has to transfer Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA or in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

    1. Information Quality/Openness/Data Subject Participation
      1. Whilst Emira will make all effort to ensure the integrity and accuracy of all Personal Information, this may not at all times be possible. Following this, you accept the responsibility for keeping your Personal Information up to date, and undertake to inform Emira of any changes to your Personal Information.
      2. You have a right of access to any Personal Information which Emira may have and where applicable may request Emira to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal Promotion of Access to Information process, which is accessible  the Website.
  2. Security
    1. Emira makes all reasonable effort to keep the Website secure at all times, however it cannot guarantee the security of any Personal Information provided by you through the Website. Accordingly, Emira cannot be held responsible for any loss or unauthorised use or interception of Personal Information transmitted via social media and electronic platforms or sites, including the Internet, which is beyond Emira’s reasonable control.
    2. The Website and telephone facilities and your use of them will be monitored on a regular basis including the recordal and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),
    3. Subject to the provisions above, Emira has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from you against unauthorised access, accidental or willful manipulation, loss or destruction.. 
  3. CONTACT US
    1. Questions or queries: Send us an email omadikela@emira.co.za.
    2. Complaints: Send us an email at omadikela@emira.co.za. We will use our best endeavours to reply to your complaint as soon as practically possible, but we stand under no legal obligation to resolve such complaint.
    3. Legal Documentation or Notices:
      1. Physical address: First Floor, Building A, Kinghtsbridge, 33 Sloane Street, Bryanston, Gauteng Province
      2. Email: omadikela@emira.co.za
      3. Marked for the attention of: The Legal Manager 
    4. If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your postal address. If delivery to the aforesaid addresses is not successful, you agree that we can then use such contact details as we may find on the Internet about you.
    5. Any notice to you, or us, which is:
      1. delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
      2. sent by electronic mail to the addressee shall be deemed to be received on at the time shown on such message, or if not so shown, at the time shown on your information system.
    6. Notwithstanding anything to the contrary herein, a written notice actually received by you or us, shall be an adequate notice to it despite it not being sent or delivered to the chosen address.