ZAPHUB™ (Pty) Ltd

Terms & Conditions

Version 1 – 29 October 2025

INTRODUCTION

By using www.ZAPHUB.co.za, you agree to these Terms and Conditions. The site is owned and operated by ZAPHUB™ (Pty) Ltd, a registered South African private company (Registration No: 2025/292480/07).

DEFINITIONS

1. The terms “you” and “user” refer to all individuals and/or entities accessing the website.
2. “The Company” and “the Website Owner” mean ZAPHUB™ (Pty) Ltd (Registration No: 2025/292480/07).
3. The term “website” refers to www.ZAPHUB.co.za.

GENERAL

Your access to and use of this website is conditioned on your acceptance of and compliance with these terms. The website reserves the right to amend these terms at any time by posting updates to this page. It is your responsibility to review this page periodically for changes.

You agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

ZAPHUB™ is firmly committed to the privacy of its subscribers. We will not share or disclose any personal information you provide on this website without your prior consent.

ZAPHUB™ reserves its rights, at its sole and absolute discretion, to review and to take steps to verify representations made by you as the integrity of the information contained on the website is dependent on the correctness and accuracy of the information provided by the subscribers of the website.

TERMS OF USE

1. Prohibited Content

   Users may not use the website to transmit, distribute, store, or destroy material that:

   • Violates any applicable law or regulation.
   • Infringes on copyright, trademark, trade secret, or other intellectual property or personal rights of others.
   • Is defamatory, obscene, threatening, abusive, or hateful.
2. Prohibited Actions

   Users are expressly prohibited from taking the following actions:

   • Doing anything that puts excessive strain on our website's resources or slows it down for other users.
   • Attempting to decompile, disassemble, or otherwise reverse-engineer the website's source code.
   • Attempting to gain unauthorized access to any non-public portion or feature of the website.
   • Copying, reproducing, modifying, or publicly displaying any content from the website without our prior written consent.
   • Using any automated device, process, or means such as a robot, spider, or scraper to monitor or copy any portion of the website.
   • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the website.
3. Copyright and Intellectual Property Rights

   This Website, including all associated materials and data, is protected by copyright law and is the property of ZAPHUB™. The content is provided for private, non-commercial use.

   Any commercial application of this website, in whole or in part, is expressly prohibited. Subject to these terms, users may print or save pages for personal use but may not alter, merge, or republish in any format. Actions such as "web scraping" or "data scraping" designed to collect or manipulate the data found on this website are strictly prohibited.

4. Marketing and Promotional Rights
   1. By providing any content (“User Content”) to ZAPHUB™, you grant a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, distribute, and commercialise your content for marketing, promotional, or business purposes across all media channels.
   2. This licence remains in full effect even if you delete your User Content or terminate your account. It applies to all content we have access to, including archived versions.
   3. You waive any right to inspect, approve, or receive compensation for our use of your content. To the fullest extent permitted by law, you also waive any claim to moral rights associated with your content.
   4. You represent and warrant that you have full legal authority to upload User Content and grant this licence. You agree to indemnify ZAPHUB™, its affiliates, and employees against any third-party claims (including legal fees) arising from our use of your content.
   5. If you do not agree to grant these rights, you must provide written notification to legal@zaphub.co.za prior to uploading any content. In the absence of such written notice, this clause remains binding.
5. Promotions and Special Offers
   1. ZAPHUB™ may, at its discretion, provide promotions, discounts, vouchers, or special offers (“Promotions”) to users.
   2. Each Promotion will have its own specific terms, which supplement these Terms and Conditions.
   3. Promotions may be limited in duration, redemptions, or applicability (e.g., first 100 customers).
   4. ZAPHUB™ may modify, suspend, or terminate any Promotion at any time without liability but will honour redemptions made before such change.
   5. Promotions are non-transferable, not redeemable for cash or credit, and cannot be combined unless expressly stated.
6. Warranty of Consent for Publication of Transactional Information
   1. The Property Practitioner warrants having obtained prior, express, specific, and informed written consent from both the Seller and Purchaser of the property (“the Property”).
   2. This consent authorises ZAPHUB™ to publish, display, process, and distribute information or media related to the transaction of the Property.
   3. Such information includes purchase price, date of sale, photos, videos, physical address, and property description.
   4. The publication of this information is permitted across digital or print platforms for purposes including marketing, comparative analysis, or industry data compilation.
   5. This consent complies with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable laws.
   6. The Property Practitioner indemnifies ZAPHUB™, its directors, employees, and agents against any claims or damages resulting from breach of these warranties.
7. Prohibitions on Security Violations

   Users are prohibited from violating or attempting to violate the security of the website, including unauthorised access, probing, or interference. Any violations may result in civil or criminal liability. ZAPHUB™ will cooperate with law enforcement authorities in prosecuting offenders.

8. Disclaimers and Limitation of Liability
   1. The Website serves solely as a venue for independent listings. ZAPHUB™ is not a party to any property transaction.
   2. ZAPHUB™ shall not be held liable for any user entering agreements or making decisions based on website content.
   3. No warranty is provided that the website will operate error-free or be free of malicious code.
   4. ZAPHUB™ and its content providers are not liable for direct or indirect losses arising from use or operational failure of the website.
   5. External links are outside ZAPHUB™’s control, and we accept no responsibility for their content.
9. General Provisions
   1. These Terms & Conditions constitute the entire agreement between the parties.
   2. Failure to enforce any right shall not constitute a waiver.
   3. If any term is deemed unenforceable or invalid, the remaining terms will remain in full force and effect.
10. Governing Law and Jurisdiction
    1. These Terms & Conditions are governed by the laws of the Republic of South Africa.
    2. You consent to the exclusive jurisdiction of South African courts for any disputes arising from these Terms.
11. Dispute Resolution
    1. All disputes will be finally settled by binding arbitration conducted in English in Johannesburg under the rules of the South African Arbitration Foundation.
    2. The unsuccessful party shall bear the reasonable costs of the successful party for preparation and attendance.

TERMS & CONDITIONS FOR THE PROPERTY LISTING SERVICE

1. Application and Definitions
   1. These terms apply to any use of the ZAPHUB™ Listing Service ("Listing Service") and supplement the general Terms & Conditions.
   2. In these terms, “material” includes any text, photos, floor plans, or other data submitted by the user or by third parties on the user’s behalf.
2. Disclaimer of Agency and Professional Role
   1. ZAPHUB™ is not an estate agent as contemplated in the Estate Agency Affairs Act, an attorney, conveyancer, financial advisor, mortgage originator, or valuer.
   2. ZAPHUB™ has no authority to act as agent for users or to negotiate / conclude agreements on their behalf. Users are solely liable for all obligations arising from agreements concluded following use of the Listing Service.
   3. Users are advised to seek independent professional advice before concluding any contracts with any party.
3. User Obligations and Warranties
   1. Assumption of Risk: Use of the Listing Service is entirely at the user’s risk.
   2. Prohibited Material: No submitted material may be unlawful, harmful to minors, fraudulent, false, misleading, defamatory, obscene, or infringe any third party’s intellectual property, personal, or confidentiality rights.
   3. Responsibility: The user is solely responsible for all submitted material and any consequences arising from its publication.
   4. Compliance with Laws: Users must comply with the Consumer Protection Act, the Alienation of Land Act, the Property Practitioners Act, and the Sectional Titles Schemes Management Act (among others).
   5. Language: All listings must be advertised in English.
4. Rights of ZAPHUB™
   1. Moderation & Discretion: ZAPHUB™ may monitor, moderate, refuse, or delete material and may suspend a user’s access (temporarily or permanently) for any breach.
   2. No Endorsement: ZAPHUB™ is not responsible for the accuracy of user-submitted material and does not endorse any material or product listed.
   3. Licence Grant: The user grants ZAPHUB™ a perpetual, royalty-free, transferable, worldwide licence to publish and otherwise use all submitted material.
5. Fees and Payment
   1. Users agree to pay all fees charged by ZAPHUB™ for the Listing Service.
   2. If fees are not paid when due, ZAPHUB™ may suspend access without prejudice to other rights. All fees are non-refundable.
6. Third-Party Service Providers
   1. Where ZAPHUB™ facilitates a contract with a third-party provider, ZAPHUB™ is not liable for any damages, costs, or losses arising from acts or omissions of such third party. The user indemnifies ZAPHUB™ against any related claims.

TERMS & CONDITIONS FOR THE TENANT SCREENING SERVICE

1. Service Description: An optional credit, identity, and payment-history screening service offered via the website.
2. Consent to Process Information: By opting in, you provide express consent for ZAPHUB™ and authorised partners/affiliates to collect and process your personal and special personal information (including ID numbers, credit data, and payment history).
3. Purpose and Compliance: Information is processed solely for tenant screening and in strict accordance with POPIA and applicable data-protection laws.

DATA SHARING FOR ‘ZAPHUB™ SERVICE PROVIDERS’ SERVICE

By using the ‘ZAPHUB™ Service Providers’ service, you provide express consent for ZAPHUB™ to disclose your personal information to vetted third-party service providers, solely so they can contact you regarding the services you requested in your area.

Such third parties are contractually obliged to process personal information exclusively for the specified purpose and in compliance with applicable data-protection legislation, including the Protection of Personal Information Act, 4 of 2013 (POPIA).

THIRD-PARTY ADVERTISING PRINCIPLES

ZAPHUB™ adheres to strict ethical principles for third-party advertising. The company will investigate reported or suspected instances of hateful speech, incorrect information, or discrimination in any form and, at its sole discretion, may remove content found to be in violation of these principles.