Terms and conditions

ACCOUNT TERMS

  1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  2. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  3. You are responsible for maintaining the security of your account and password. Archicheck cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all Content posted and activity that occurs under your account.
  5. You may not use the service for any illegal or unauthorised purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

USE OF SERVICE

  1. By utilizing Archicheck (Pty) ltd. services, you expressly understand and agree that the information provided is intended to serve as a guide / advice to help clients make better informed investment decisions. Archicheck (Pty) ltd. cannot be held liable for the final decisions taken by any client.
  2. By utilizing Archicheck (Pty) ltd. services, you expressly understand and agree that Archicheck 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, resulting from your use of the Archicheck, the produced information, nor third-party data access.
  3. You agree to indemnify and hold Archicheck (Pty) ltd. harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Archicheck (Pty) ltd. by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Archicheck (Pty) ltd. in consequence of your breach of these Terms and Conditions.
  4. Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  5. To the extent permitted by law, Archicheck (Pty) ltd. will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
  6. Archicheck (Pty) ltd. makes no warranty that the Website/Services will meet your requirements. Content is limited by the accuracy and reliability of the most up-to-date data provided by government websites and public databases.
  7. Archicheck (Pty) ltd. makes no warranty that that the functionality of the Website/Services will be uninterrupted or error free.
  8. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
  9. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  10. Technical support is available via email.
  11. You understand that Archicheck (Pty) ltd. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  12. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any Archicheck (Pty) ltd. service.
  13. 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 Archicheck (Pty) ltd.
  14. 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.
  15. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Archicheck (Pty) ltd. customer, employee, member, or manager will result in immediate account termination.
  16. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  17. You must not transmit any worms or viruses or any code of a destructive nature.
  18. Archicheck (Pty) ltd. 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.
  19. The failure of Archicheck (Pty) ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes an agreement between you and Archicheck (Pty) ltd. and govern your use of the Service, superceding any prior agreements between you and Archicheck (Pty) ltd. (including, but not limited to, any prior versions of the Terms of Service).
  20. Questions about the Terms of Service should be sent to info@archichck.co.za.

 

AFFILIATED GOVERNMENT INFORMATION TERMS & CONDITIONS

  1. Archicheck (Pty) ltd. offers the service of data compilation and dissemination. This data is retrieved from trusted South African governmental websites; maps; databases; Land Use Zoning Scheme data and National Building Regulations guidelines. Any misrepresentation of property/stand /Erf data on these governmental facilities is not the responsibility of Archicheck (Pty) ltd.
  2. We track Land Use and Zoning schemes using all local municipal data systems that are available for public use including but not limited to local municipality websites, zoning maps, SG .
  3. Data remains valid for only as long as the information on governmental sources remain valid. Once these systems have been updated due to the change of zoning schemes or any other change in by-law or National Building Regulation, the information disseminated by Archicheck may become outdated.

 

PRIVACY

  1. At Archicheck (Pty) ltd. we recognize that privacy is important. Rest-assured that your information will not be sold nor distributed to unorthorized third-parties.
  2. Authorized third-parties include: PayFast (payment gateway)

 

PAYMENT AND REFUND POLICY

  1. At Archicheck (Pty) ltd. makes use PayFast, an authorized third-party payment gateway.
  2. Archicheck stands behind our product 100% and is dedicated to providing customers with the most accurate information available. After you purchase, we offer a 14 day refund period at our discretion.
  3. A valid credit card is required for paying accounts.
  4. We work hard at ensuring our software works. If there is a technical issue, allow us to help resolve that issue in a timely manner before a refund be granted.
  5. Our services are based on the accumulation and compilation of data from various government websites. Any information that has been misrepresented on these official sites does not warrant a refund from Archicheck (Pty) ltd.
  6. The 14 day period is from the start of your original purchase. What we mean by this is purchasing the software, getting a refund, and purchasing again does not allow the refund period to start over. This rule only applies to this situation and will be applied in cases where we feel the refund offer is being abused in this way.
  7. The 14 day refund may only apply for the inability of Archicheck to deliver the services required within the parameters set out in the terms and conditions. It is not the responsibility of Archicheck to ensure that the property information provided by the client is accurate, this onus falls upon the client.
  8. Additional properties over your plan’s limit will be added to your bill in arrears calculated on the day your subscription payment is due. The price per property will be charged at the current rate as listed.
  9. The Service is billed in advance of information dissemination and is non-refundable.
  10. All fees are exclusive of VAT and VAT will be added to your monthly package price.
  11. For any upgrade or downgrade in plan level, your credit or debit card that you provided will automatically be charged the new rate on your next billing cycle.
  12. Archicheck does not accept any liability for downloading and backing up any data post dissemination to client.

 

SEVERANCE

  1. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any local or national court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.