Terms and Conditions | MM Property Solutions

1. INTRODUCTION

These Terms and Conditions apply to your access to our website, web application and to any of the services provided. By continuing to access and make use of our website, web application, you accept that:

i. You have read these terms and conditions;

ii. You understand the rights and obligations set out in these terms and conditions;

iii. If you are accessing this website or web application in a representative capacity, that you are duly authorised to act on behalf of the person you represent;

iv. You, and where applicable the person you represent, agree to be contractually bound by the terms and conditions that appear in the latest version of these terms and conditions, as published on our website or web application at the time of each access by you; and

v. You grant to us the rights set out in these terms and conditions.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOUR ONLY RIGHT OR REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE OR WEB APPLICATION AND DISCONTINUE MAKING USE OF ANY OF THE SERVICES.

2. DEFINITIONS:

i. "authorisations" means all licenses, permits, or approvals of whatsoever nature required by you in terms of any regulatory provision to enable you to exercise your rights and fulfil your obligations under these Terms and Conditions.

ii. "material" means the content, trademarks, copyright, data, and other material, including but not limited to, information, files, folders, text, documents, graphics, logos, icons, hyperlinks and designs on our website or web application.

iii. "MM Property Solutions", "our", "us" or "we" means MM Property Solutions PROPERTIATY LIMITED. We are a private company registered in the Republic of South Africa with registration number 2024/286040/07.

iv. “Our staff” means any of our directors, employees, agents, contractors and/or consultants.

v. "regulatory provision" means, collectively, the prevailing laws, regulations, ordinances, directions, orders, decrees, policy directives and standards of the South African Government and any other competent authority, which in any way affect or apply to you, your access to the our website or web application and/or use of our services.

vi. "services" means any of the services provided by us via our website or web application.

vii. "Terms and Conditions" means the contract between you and MM Property Solutions, as recorded by the terms and conditions set out in this document.

viii. You" and/or "“your" means you, the natural or legal person accessing our website or web application and/or making use of our services and includes the person you may be representing when making use of our services.

3. OTHER TERMS THAT MAY TAKE PRECEDENCE:

Should any of the terms of these Terms and Conditions conflict with any of the terms contained in any other signed agreement you may have concluded with us, then those terms, to the extent where there is a conflict, contained in the signed agreement shall prevail.

NO TERMS AND CONDITIONS CONTAINED ON YOUR PURCHASE ORDER, ORDER ACCEPTANCE FORMS AND/OR INVOICES SHALL APPLY TO, SUPPLEMENT OR SUPERSEDE ANY TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS

4. NO OFFER

NO INFORMATION OR CONTENT CONTAINED ON OUR WEBSITE OR WEB APPLICATION IS OR SHOULD BE CONSTRUED AS AN OFFER BEING MADE BY US TO YOU.

5. PROHIBITIONS AND TERMS OF USE

The following is prohibited with respect to the use of the website:

i. Use of any robot, spider, other automatic device or manual process to monitor or copy any part of the website;

ii. Any attempt to access any area of the website to which access is not authorised.

iii. Use of any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.

iv. Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure.

v. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without prior written permission.

vi. Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

6.1 All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to MMPS.

6.2 At all times, all right, title and interest in and to our materials remains vested in us (i.e. belongs to us) and/or our licensors and/or suppliers, as the case may be, and are copyrighted and protected by regulatory provisions. These materials may not be copied, reproduced, modified, published, uploaded, posted to other websites, web applications or mobile apps or otherwise distributed in any way, without our prior written permission. Save as expressly provided for herein, we and/or our licensors and/or our suppliers do not grant any right to you to use or reproduce the materials. All our rights in this regard are and remain reserved.

6.3 Users of this website are not granted a licence or any other right including without limitation under Copyright, Trademark, Patent or Intellectual Property Rights in/or to the content.

7. THIRD PARTY PROMOTIONS AND OFFERS

7.1 Modification of Terms and Conditions

i. MMPS reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to all Promotional Offers, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

ii. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the above-mentioned website or elsewhere in any media.

iii. MMPS reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. MMPS will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MMPS against any damage or loss you may sustain as a result of the use of the our Services , or any error, delay, failure or non-availability of the Services.

iv. As changes will be posted MMPS and its third-party partners, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.

8. PIN CODE AND DIGITAL ID

8.1 You are and remain responsible for ensuring that you maintain the confidentiality and/or protection from compromise (e.g. lost, stolen, used wrongfully, or used by any other person) of any personal identification number (PIN) and/or digital identity (e.g. digital certificate) that may be issued to you and used, amongst other things, to identify you to our website or web application, and you shall be fully responsible for all activities that occur when the PIN code or digital identity, as the case may be, is used, whether with or without your knowledge.

8.2 UNDER NO CIRCUMSTANCES MAY YOU PERMIT OR OTHERWISE ALLOW ANY OTHER PERSON TO USE YOUR PIN CODE AND/OR DIGITAL IDENTITY. Only you are authorised to use the PIN code and/or digital identity issued to you. The use of your PIN code and/or digital identity by any other person compromises the integrity thereof and requires such PIN code and/or digital identity to be revoked.

8.3 FURTHER USE BY YOU OF A COMPROMISED PIN CODE AND/OR DIGITAL IDENTITY IS NOT PERMITTED, and you are required to apply to be re- issued with a new PIN code and/or digital identity.

8.4 YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY COMPROMISE, OR SUSPECTED COMPROMISE, OF YOUR PIN CODE AND/OR DIGITAL IDENTITY, AND YOU INDEMNIFY US AGAINST ANY LOSS, DAMAGE, OR INJURY ARISING FROM YOUR FAILURE TO COMPLY HEREWITH.

9. THIRD PARTY FINANCIAL PRODUCTS AND / OR SERVICES

9.1 All information regarding the financial products and services referred to on our website or web application, including information of the terms and conditions applicable to such financial products and services, interest rates or any other matter, are for information purposes only and subject to change without notice.

9.2 The final terms and conditions which will apply to you in respect of any financial product or service will be those set out in the written document(s) issued to you by the applicable third-party provider at the relevant time. You will be required to sign such document(s) confirming your acceptance of the terms and conditions contained therein. Those terms and conditions will establish a separate binding contract between you and a third-party concerned.

9.3 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS AGAINST ALL LEGAL COSTS, CHARGES, LOSSES OR DAMAGES ARISING FROM ANY BREACH BY YOU OF ANY APPLICABLE THIRD-PARTY TERMS AND CONDITIONS. WE GIVE NO WARRANTY AND MAKE NO REPRESENTATION, BE IT EXPRESS OR IMPLIED, AS TO THE QUALITY OR FITNESS FOR PURPOSE OF SUCH FINANCIAL PRODUCTS OR SERVICES, AND ANY REMEDY YOU SEEK TO ENFORCE SHALL BE GOVERNED BY THE AGREEMENT WITH THE THIRD-PARTY CONCERNED.

10. YOUR CONDUCT AND MATERIAL ON OUR WEBSITE OR WEB APPLICATION:

10.1 In making use of our services, you may, from time to time, copy, upload, download, or share any material that belongs to you. You retain full ownership of this material and we do not claim any rights to it. You do however give us permission to use your material to do those things we need to do to be able to provide you with the services, which includes the choices we make to technically administer the services (e.g. backing up and storing data). This permission also extends to the third parties we work with to provide the services (e.g. the banks).

10.2 While using the services, you are, and at all times remain, solely responsible for:

i. your conduct;

ii. the content of your material;

iii. maintaining and backing up your material;

iv. loss or corruption of any of your material;

v. your electronic communications;

vi. what you copy, share, upload, download or otherwise use/share with others;

AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS AGAINST ALL LEGAL COSTS, CHARGES, LOSS OR DAMAGE WHICH WE MAY SUSTAIN AS A RESULT OF ANY OF THE AFORESAID FOR WHICH YOU ARE RESPONSIBLE WHILST USING OUR SERVICES.

11. ACCEPTABLE USE OF OUR WEBSITE OR WEB APPLICATION: YOU ACKNOWLEDGE AND AGREE NOT TO MISUSE OUR WEBSITE OR WEB APPLICATION.

11.1 In this regard you may not, without limitation:

i. infringe the intellectual property rights, including copyright, of others;

ii. copy, upload, download, or share any material unless you have the lawful right to do so;

iii. probe, scan, or test the vulnerability of our website or web application, including any of our other systems and/or networks;

iv. breach or otherwise circumvent any security or authentication measures;

v. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the services offered;

vi. plant malware, spyware or otherwise use the services to distribute malware or spyware;

vii. access or search the services by any means other than our officially supported interfaces (for example, “scraping”);

viii. send unsolicited communications, promotions or advertisements, or spam;

ix. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing;”

x. publish anything that is fraudulent, false, misleading, or infringes another's rights;

xi. promote or advertise products or services other than your own without appropriate authorisation;

xii. impersonate or misrepresent your affiliation with any other person or entity;

xiii. publish or share materials that is pornographic, obscene or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

xiv. violate any applicable regulatory provision in any way, or to violate the privacy of others, or to defame others.

12. LINKS TO & FROM OTHER WEBSITES, WEB APPLICATIONS OR MOBILE APPS:

Links to third-party websites, web applications or mobile apps on our website, web application or mobile app are provided solely as a convenience to you. If you use these, links, you will leave our website and/or web application and/or our secure environment. We have not reviewed any or all of these third-party websites, web applications or mobile apps and do not control and are not responsible for any of these websites, web applications or mobile apps or their content. Thus, we do not endorse nor make any representations about them, or any information, software or other services or materials found there, nor any results that may be obtained from using them.

IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES, WEB APPLICATIONS OR MOBILE APPS, YOU DO SO ENTIRELY AT YOUR OWN RISK. UNLESS YOU HAVE RECEIVED OUR PRIOR WRITTEN PERMISSION, YOU SHALL NOT ESTABLISH A HYPERLINK, FRAME, METATAG, OR SIMILAR REFERENCE, ELECTRONICALLY OR OTHERWISE, TO OUR WEBSITE, WEB APPLICATION OR MOBILE APP.

13. ELECTRONIC COMMUNICATION

When you make use of any of the services and/or send e-mails to us, you consent to receiving communications from us electronically, and agree that all agreements, notices disclosures and other communications sent to you by us satisfy any legal requirements including, but not limited to, a requirement that such communications should be “in writing”.

14. SOFTWARE

Any software made available on or through our website or web application or any hardware rented or sold to you is governed by license terms that establish a binding contract with a third-party licensor.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS AGAINST ALL LEGAL COSTS, CHARGES, LOSSES OR DAMAGES ARISING FROM ANY BREACH BY YOU OF THESE LICENSE TERMS.

We give no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of the use of such software, and any remedy you seek to enforce shall be governed by the license agreement with the applicable third-party licensor.

15. YOUR PERSONAL INFORMATION AND DATA PROTECTION YOU FURTHER AGREE THAT WE MAY COLLECT, PROCESS, USE, TRANSFER AND STORE YOUR PERSONAL INFORMATION FOR PURPOSES OF PROVIDING YOU WITH THE SERVICES. YOU AGREE AND UNDERTAKE TO OBTAIN WRITTEN CONSENT FROM A DATA SUBJECT FOR SUCH COLLECTION, PROCESSING, USE, TRANSFER OR STORAGE OF A DATA SUBJECT’S PERSONAL INFORMATION WHENEVER THIS IS REQUIRED.

16. COMPLIANCE WITH LEGISLATION

You shall at your own risk and expense procure all authorisations that you may require in order to access our website or web application and/or make use of the services. We do not make any representations, nor do we give any warranties or guarantees of any nature whatsoever in relation to any authorisations, including the granting thereof and whether required by us or any other third-party. You agree to comply, at all times, with all authorisations and regulatory provisions, as well as the terms, standards and requirements prescribed by any regulatory provision or any competent authority which may be applicable from time to time in respect of the services. You agree to indemnify us against any breach by you of the aforesaid authorisations and regulatory provisions.

17. DISCLAIMER & RISK

17.1 The use of our website or web application, the services, and the content contained therein is provided “as is” and “as available” with no warranties whatsoever. We do not, either expressly or impliedly, make any warranties, claims or representations with respect to your use of our website, web application or mobile app, including, without limitation, warranties of quality, performance, non- infringement, merchantability, or fitness for use or a particular purpose. We further do not represent or warrant that our website, web application or mobile app will always be available, accessible, uninterrupted, timely, accurate, complete and error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system nor do we warrant any connection to or transmission from the internet.

17.2 In no event will we, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.

17.3 Insofar as the website contains links to any other internet websites, you acknowledge and agree that we do not have control over any such website and we shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.

17.4 Whilst reasonable care is taken to ensure that the information contained on this website is accurate, we cannot guarantee its accuracy, and we reserve the right to change the information on this website (including these terms and conditions) at any time without notice. You must check these terms and conditions for changes every time you intend to use this website. If you use this website after such updated or amended terms and conditions have been displayed on this website, you will be deemed to have accepted such updates or amendments.

17.5 You acknowledge and agree that the entire risk arising out your use of our website, web application or mobile app and services remains with you, to the maximum extent permitted by law.

18. LIMITATION OF LIABILITY:

18.1 You acknowledge and agree that we, our licensors, our suppliers and our staff will have no liability in connection with or arising from your use of our website, web application or mobile app or the services.

18.2 Under no circumstances are we, our licensors, our suppliers and our staff liable, whether in contract, warranty, delict, vicarious liability or any other form of liability, for any general, direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits, loss of data, interruption, computer failure or pecuniary loss) arising out of your use or inability to use our website, web application or mobile app and/or the services, even if we, our licensors, our suppliers, and our staff have been advised of the possibility of such damages.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS, DISSATISFACTION OR OTHER GRIEVANCE WITH OUR WEBSITE, WEB APPLICATION OR MOBILE APP AND/OR THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.

19. CHOICE OF LAW, JURISDICTION & COSTS:

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising out of or relating to these Terms and Conditions will be subject to the jurisdiction of the South African courts.

IN THE EVENT WE NEED TO INSTRUCT ATTORNEYS TO PROTECT OR ENFORCE ANY OF OUR RIGHTS AGAINST YOU IN TERMS OF THESE TERMS AND CONDITIONS, AND SHOULD WE BE AWARDED COSTS BY AN ARBITRATOR OR COURT, YOU AGREE YOU ARE RESPONSIBLE FOR AND UNDERTAKE TO REIMBURSE US SUCH COSTS ON AN “ATTORNEY-AND- OWN-CLIENT” BASIS, AS PER THE MANDATE BETWEEN US AND OUR ATTORNEYS.

20. ADDRESS FOR LEGAL PROCESS:

We choose the following address and email at where we will accept service of court papers/process and/or other legal documents:

Physical address: Block 27, 2nd Floor, The Woodlands Office Park, Woodlands, Woodmead, 2080 South Africa.

Email: legal@mortgagemarket.co.za

WE MAY CHANGE THE ABOVE DETAILS BY UPDATING THESE TERMS AND CONDITIONS FROM TIME TO TIME. PLEASE ENSURE YOU USE THE ADDRESS AND EMAIL THAT APPEAR IN THE VERSION OF THESE TERMS AND CONDITIONS PUBLISHED ON OUR WEBSITE, WEB APPLICATION OR MOBILE APP AT THE TIME YOU INTEND TO SERVE COURT PAPERS OR OTHER DOCUMENTS.

21. INVALID, VOID & UNENFORCEABLE TERMS

Should any of the terms and conditions herein be deemed invalid, void or unenforceable either in its entirety or in a particular application, such shall be severable, whilst the remainder of these Terms and Conditions shall nonetheless remain in full force and effect.

22. NO WAIVER

Any failure or delay by us at any time to require performance of any of the terms hereof shall in no manner or time be construed as a waiver by us of our rights, nor shall such affect our rights at a later time to enforce the same.

23. NO VARIATION:

No alteration, variation, or consensual cancellation of these Terms and Conditions, including this clause, shall be of any force or effect, unless it is recorded in writing and signed (as defined further on) by both you and MortgageMarket; “signed” referring to either a hand- written signature, or an “advanced electronic signature” as defined in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 202).

24. SEVERABILITY

These Terms & Conditions constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision.

25. QUERIES:

Any queries regarding these Terms and Conditions must be directed to our legal department on legal@mortgage.co.za

Company name: MM PROPERTY SOLUTIONS PROPRIETARY LIMITED

Registration number: 2024/286040/07

Physical address: Block 27, 2nd Floor, The Woodlands Office Park, Woodlands, Woodmead, 2080 South frica

Website address: www.mmpropertysolutions.co.za

Email address: hello@mmpropertysolutions.co.za

Telephone number: 011 568 9212

A. Terms and Conditions for MM Property Solutions (MMPS) Top Performing Real Estate Agent Competition

1. Competition Overview

The " MMPS Top Performing Real Estate Agent Competition" (hereinafter referred to as "the Competition") is organised by MMPS (hereinafter referred to as "the Organiser"). The Competition aims to reward the top-performing real estate agent with a car (hereinafter referred to as "the Prize") based on their performance over a 12-month period.

2. Eligibility

The Competition is open to all licensed and ‘active’ real estate agents who are actively employed by or associated with MMPS during the entire Competition period.

To be eligible the Agent must do the following:

a. Participants must be residents of South Africa and must be at least 18 years of age.

b. An agent shall be deemed an "Active Agent" immediately upon joining MM Property Solutions (MMPS). Each Active Agent is required to facilitate the sale of at least one property within the first four months of joining MMPS. From the third month of membership, the agent shall be expected to complete at least one property sale per calendar month. In cases where an agent facilitates the sale of a property valued at over R2 million, the agent’s performance will be evaluated on an individual basis. However, the agent will still be required to meet the condition of completing at least one sale within the first four months of joining MMPS.

c. Employees, officers, and directors of the Organizer, as well as their immediate family members, are not eligible to participate.

d. The Agent must be fully compliant with all PPRA and Fidelity Fund Certificate requirements.

3. Competition Period

The Competition will run from October 2024 to October 2025 (hereinafter referred to as "the Competition Period"). The MMPS reserves the right to extend or shorten the Competition Period at their discretion.

4. Criteria for Winning

The top-performing agent will be determined based on the following criteria:

i. Total number of property sales completed within the Competition Period.

ii. Total value of property sales within the Competition Period.

iii. Additional performance metrics as determined by MMPS, such as client feedback, teamwork, and adherence to company policies.

iv. The MMPS reserves the right to update or modify the criteria at any time without prior notice.

5. Prize

i. The Prize is a car to be purchased at MM’s discretion in terms of make, model and value.

ii. The Prize is non-transferable, non-exchangeable, and non-refundable.

iii. The Prize does not include insurance, maintenance, or any other costs associated with ownership of the car. These remain are the sole responsibility of the winner.

iv. MMPS reserves the right to substitute the Prize with another prize of equal or greater value if the advertised Prize is unavailable.

6. Winner Selection

The winner will be the active agent who has achieved the highest score based on the criteria set forth in Section 4.

In the event of a tie, MMPS will determine the winner based on additional performance metrics or by conducting a tie-breaking procedure. The winner will be notified within 60 days after the end of the Competition Period.

7. Winner Notification and Acceptance. The winner will be notified via electronic mail and must accept the Prize within seven days of notification.

If the winner does not accept the Prize within the specified period, the MMPS reserves the right to select an alternate winner. The winner may be required to provide proof of identity, employment, proof of address and eligibility to claim the Prize.

8. Publicity and Privacy

By accepting the Prize, the winner agrees to participate in promotional activities related to the Competition, including the use of their name, likeness, and performance details, without additional compensation. MMPS will handle personal data in accordance with its privacy policy, and participants' information will only be used for the purposes of administering the Competition.

9. General Conditions

MMPS reserves the right to cancel, terminate, modify, or suspend the Competition in whole or in part at any time without prior notice. MMPS's decisions in all matters related to the Competition, including but not limited to the interpretation of these terms and conditions, are final and binding. MMPS is not responsible for any technical malfunctions, interruptions, or failures that may affect the Competition. The Prize is not transferable by the winner to any other person. Where the winner is not able to accept the Prize then MMPS shall select an alternative winner. The Prize is not convertible to cash.

10. Limitation of Liability

MMPS shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the Competition or the acceptance, use, or possession of the Prize.

11. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with the Competition shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Acceptance of Terms and Conditions

By participating in the Competition, participants agree to be bound by these terms and conditions.

B. Terms and Conditions for MMPS Electronic Device Hamper Competition

1. Competition Overview

The “MMPS Electronic Device Hamper Competition" (hereinafter referred to as "the Competition") is organized by MMPS (hereinafter referred to as "the Organizer"). The Competition offers a chance for one of the first one hundred real estate agents who joins MMPS to win an electronic device hamper (hereinafter referred to as "the Prize"), consisting of a laptop and a cellphone valued at R25,000.

2. Eligibility

i. The Competition is open to one of the first one hundred real estate agents who join MMPS and meet the following criteria:

ii. An agent shall be deemed an "Active Agent" immediately upon joining MM Property Solutions (MMPS). Each Active Agent is required to facilitate the sale of at least one property within the first four months of joining MMPS. From the third month of membership, the agent shall be expected to complete at least one property sale per calendar month. In cases where an agent facilitates the sale of a property valued at over R2 million, the agent’s performance will be evaluated on an individual basis. However, the agent will still be required to meet the condition of completing at least one sale within the first four months of joining MMPS.

iii. Must achieve at least R1 million in property sales within 3 months of joining MMPS

iv. Participants must be at least 18 years of age and legally permitted to work in South Africa.

v. Employees, officers, and directors of the Organizer, as well as their immediate family members, are not eligible to participate.

3. Competition Period

The Competition will begin on 01 October 2024 and will end once one hundred real estate agents have successfully joined MMPS and met the eligibility criteria. Thereafter, one eligible agent will be selected to win the prize. MMPS reserves the right to extend or shorten the Competition Period at their discretion.

4. Prize

The Prize consists of one electronic device hamper, including a laptop and a cellphone, collectively valued at R25,000. The devices will not include operating software, data subscriptions, or any other accessories. These additional costs are the sole responsibility of the winner. The Prize is non-transferable, non-exchangeable, and non-refundable. MMPS reserves the right to substitute the Prize with another prize of equal or greater value if the advertised Prize is unavailable.

5. Winner Selection

Winners will be chosen randomly from the pool of eligible participants who have met the criteria outlined in Section 2. The random draw will take place once MMPS has achieved a sign-up rate of one hundred real estate agents. Thereafter, one eligible winner will be selected from the pool of one hundred real estate agents. The winners will be notified within 30 days after the draw.

6. Winner Notification and Acceptance

Winners will be notified via electronic mail and must accept the Prize within seven days of notification. If a winner does not accept the Prize within the specified period, MMPS reserves the right to select an alternate winner. Winners may be required to provide proof of identity, employment, and eligibility to claim the Prize.

7. Active Listing Requirement

To remain eligible, participants must maintain active listings with MMPS throughout the Competition Period and at the time of the Prize draw. MMPS reserves the right to disqualify any participant who does not maintain active listings or who fails to achieve the required sales threshold.

8. Publicity and Privacy

By accepting the Prize, winners agree to participate in promotional activities related to the Competition, including the use of their name, likeness, and performance details, without additional compensation. MMPS will handle personal data in accordance with its privacy policy, and participants' information will only be used for the purposes of administering the Competition.

9. General Conditions

MMPS reserves the right to cancel, teminate, modify, or suspend the Competition in whole or in part at any time without prior notice. MMPS's decisions in all matters related to the Competition, including but not limited to the interpretation of these terms and conditions, are final and binding. MMPS is not responsible for any technical malfunctions, interruptions, or failures that may affect the Competition.

To be eligible for the car giveaway and device hamper competition agents will have to use all MMPS related services in the fulfilment of the property transaction, i.e. bond origination, in- house conveyancing, bridging finance gap funding, and insurance services (where required).

10. Limitation of Liability

11. Governing Law

12. Acceptance of Terms and Conditions

By participating in the Competition, participants agree to be bound by these terms and conditions.

MMPS (“us,” “we,” or “our”) Privacy Policy sets out how we use and process your Personal Information in compliance with the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”). This is not a legal document, but rather an explanation in simple terms of what we do and do not do. MMPS respects your privacy and is committed to the protection of your Personal Information. Our Privacy Policy applies to all Users of our website, related mobi-sites and software applications, collectively referred to as our “Platforms,” which are accessed by Users to use our Services. By making use of our Platforms, Users agree to this Privacy Policy together with our other terms and conditions. By agreeing to this Privacy Policy, you are giving us your express consent and agreement that we may collect, obtain, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your Personal Information in the manner set out in this Privacy Policy.

Users that are below the age of 18 have to obtain consent from their parent or guardian before accessing our Platforms or providing us with Personal Information. We may request confirmation from your parent or guardian that they have given such consent and contact them to verify the information provided by you. Where we cannot obtain such confirmation or verify your information provided, you are not entitled to make use of our platforms and we will not use or retain your Personal Information.

i. Email Address Database

We collect your email addresses for inclusion in our marketing materials and any other ad hoc campaigns. This is only done with your consent when you ask us to keep you informed through our Subscription page or when you tick the Subscribe button upon checkout or when you submit a competition entry on our website, app or social media pages such as Facebook or Instagram. When you signed up to our mailing list, you did so because you want to receive emails from us, and not from someone else. We will never, sell your email address to anyone else. We may occasionally include a third-party promotion in our emails to you, but this will be in line with what we do. Please be assured that we would only send you something that we feel would be of genuine interest to you.

ii. Marketing Purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

iii. Agents and Employees

We may need to disclose personal information to our Agents and/or employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

iv. Change of Ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

v. Personal Data on our website

On our own website we capture information that may include your name, contact details, ID numbers and other information relevant to the Services we offer. This information you provide is the usual type of information that you are required to provide so that we can offer you our Services without any hassles. We are committed to protecting your Personal Information from misuse, loss, unauthorised access, modification or disclosure by using a combination of physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your personal information do the same. Whilst we will make every effort to secure our Platforms, please note that the internet is not completely secure. Therefore, when you submit or post Personal Information online, we cannot completely guarantee the security of any personal information that you submit or post online. We will inform you if your privacy is ever compromised.

vi. Cookies

Cookies are data files that are placed on your device or computer and often include an anonymous unique identifier. MMPS will set and access its own cookies on your computer to allow you to buy and interact at the site.

vii. Sharing your information

We may share information collected by us with third parties to help process your order (e.g. shipping companies, credit card processors, suppliers that ship directly to the customer etc.) or to provide statistical and demographic analysis to MMPS to help us and our business partners provide you with better services and offerings. We will not share, rent, lease, or sell your personal information (e.g. your email address, your name, your address, etc.) to any third party for their independent use or benefit. That is our pledge to you!

viii. Security

All the information we receive about you is stored on secure servers and we have implemented technical and organisational measures that are suitable and necessary to protect your personal data. We continually evaluate the security of our network and adequacy of our internal information security program which is designed to (a) help secure your data against accidental or unlawful loss, access or disclosure, (b) identify reasonably foreseeable risks to the security of our network, and (c) minimize security risks, including through risk assessment and regular testing. Please note, despite the measures we have implemented to protect your data, the transfer of data through the Internet or other open networks is never completely secure and there is a risk that your personal data may be accessed by unauthorised third parties.

ix. Links to other sites

Our site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

x. Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. We may request you to update your personal information on the website. You are able to review or update your personal information by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we will take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

xi. Changes to the Privacy Policy

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the site after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Privacy Policy.

xii. Your Rights

You have the right to know what personal information we have about you, to correct it and to opt-out of any marketing.

You have the right to:

a. ask what personal information we hold about you;

b. ask what information was sent to our suppliers, service providers or any other third party;

c. ask us to update, correct or delete any out-of-date or incorrect personal information we hold about you;

d. unsubscribe from any direct marketing communications we may send you;

e. object to the processing of your personal information. It can take us up to 21 (twenty-one) days to respond to your request. You have the right to request a copy of the personal information we hold about you, ask questions about this policy or to remove your personal information from our database. To do this, simply email us on legal@mortgagemarket.co.za and specify what information you require. We may need a copy of your ID document to confirm your identity before providing details of your personal information.