CLOSEDTRADE – TERMS OF USE

To use our Services, you have to follow our rules which are designed to keep the Services safe and enjoyable for all users.

These are the Terms of Use applicable to ClosedTrade, its website [www.closedtrade.com] applications, tools and all other services, (collectively referred to as “Services”).
ClosedTrade is a marketing platform and does not act as agent or client in any aspect of the real estate transaction process. It is a private site that requires full registration and verification before accessing any of its confidential information.

1. Confidentiality

Registered and qualifying users hereby agree to treat all information accessed through the Services as confidential and not to relay such to unrelated third parties, whether for gain or otherwise.

2. Your Licence to use the Services

The Services are owned exclusively by us. However, we grant you a limited, non- exclusive, non-transferable license to access and use the Services only as expressly permitted in the Terms of Use.

3. Accepting these Terms of Use and their Changes

By accessing or using the Services, you are agreeing to these Terms of Use. If you do not agree to the Terms of Use, you may not use the Services or create an account. As our business grows and improves, we may from time to time change these Terms of Use and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.

4. Eligibility and Registration

You may choose to create an account and provide certain information, including a valid email address and a password. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorised use of your information. You may not share your password with third parties. You are fully responsible for all uses of your password, account and username, and registration. We are authorised to act on instructions received through use of your account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. By providing your information, you consent to us contacting you about your interest in us or the Services by email, or through any other contact information you have chosen to provide. You may at any time opt out of marketing by following the instructions in our Privacy Statement.

5. Your Content and Submissions

Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions. Submissions must comply with our rules. You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services (collectively, “Submissions”). You acknowledge that when uploading content to the Services, you are granting us permission to make it available to our registered user base. Your Submissions may be identified by your actual name and/or that of your company. You acknowledge that once published, you cannot withdraw such Submissions. You represent and warrant that you own or otherwise control the contact of and all rights to your Submissions and that it/ they will not violate the Terms of Use or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice provided by you in your Submissions or by any third party. We have no obligation to post any of your Submissions.

The Data and information published by our Service is provided by third party users. We do not assume any responsibility for the validity of information on the site or any consequences arising from the inaccuracy of the data. As a user, your are responsible to perform your own due diligence on the parties and properties you interact and engage with. You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorisation, and in violation of the Terms of Use, scraped, copied, or distributed content from your Submissions and for which you have not granted such third parties a separate license to use.

In addition to complying with the rules specified in these Terms of Use, you agree when making submissions to comply with a number of rules, including but not limited to the following :

  • You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so;
  • You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;
  • You agree that we are not liable for Submissions made by you or others;
  • You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;
  • You will not share viruses or files that have the capability of causing damage to another’s computer;

We reserve the right to determine what types of conduct we consider to be an inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion.

6. Intellectual Property

All parts of the ClosedTrade Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are owned by us or our licensors and content suppliers, and are protected by law. You acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You may not use any of our trade names, service marks, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent. You further acknowledge that you have no ownership rights in or to any of such items. You may not frame the Websites but may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.

7. Services Auditing and Monitoring

We reserve the right to audit and monitor the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to comply with legal process; enforce the Terms of Use; respond to claims that any content you submit violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of us, our users and the public.

8. Disclaimer of Warranties

You agree that your use of the Services is at your sole risk and acknowledge that all information contained in the Services is relayed/ displayed “as is” and “as provided” and the we do not in any way warrant such, whether express or implied. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate. You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction or other marketing events, times and locations, relevant terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no

responsibility for such content, services, or information. You acknowledge that such third party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.

You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.

9. Limitation of Liability for Transactions Facilitated through the Services

You agree that AltPtopX is a mere advertiser of the real estate opportunity and potential transactions through the website . To etc extent permitted by law , our aggregate liability in connection with the services for damages will not be greater that the amount you paid to access the services or R 1000 ( one thousand South African Rands), whichever is the greater.

10. Indemnity

You agree to hold us harmless and to defend against claims and damages caused by your use of the Services or violation of the Terms of Use.

11. Privacy Statement

Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.

12. Binding Arbitration
By using the Services, you irrevocably agree to waive all rights to trial in a court of Law on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use and that all Claims will be determined exclusively by final and binding arbitration in Johannesburg South Africa before one arbitrator. The arbitrator, shall have exclusive authority to resolve any Claims in accordance with the prevailing laws of South Africa . However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorised access, fraud or computer fraud, and/or industrial espionage in a South African court of Law.

13. Notice and communications

We may provide you with notices, including those regarding changes to the Terms of Use by email, or communications though the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.