Terms of Use

Last updated on: 24 May 2024

TowerSpace (Pty) Ltd is a company incorporated under the laws of South Africa, registration number 2022/827496/07, and having its registered address at 27 Canford Park, 53 Anthony Road, Durban North, KwaZulu-Natal, 4051, South Africa (“TowerSpace”, “we”, “us”, or “our”).

These Terms of Use (“Terms”) govern your access to and use of our website located at towerspace.africa, associated social media pages on Facebook, LinkedIn, Instagram, our WhatsApp bot, and any electronic communications sent to us, collectively referred to as “Services”.

Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. By accessing or using the Services, you hereby agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Services.

TowerSpace reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time without prior notice. We will post any changes on this page and indicate the date of the latest revision at the top. It is your responsibility to periodically review these Terms to stay informed of any updates. Your continued access to or use of the Services following any changes to the Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Services immediately.

As a user of the Services, you agree not to engage in any activity or submit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You must not transmit or submit any material containing software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

TowerSpace may allow users to post, upload, or submit content to the Services, such as comments, feedback, or other materials (“User-Generated Content”). By posting, uploading, or submitting User-Generated Content, you grant TowerSpace a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content throughout the world in any media. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights to your User-Generated Content as set forth in these Terms and that such User-Generated Content does not infringe upon any third-party rights.

To provide you with optimal service, we utilise standard tracking tools, which include Facebook Ads, Google Ads, and Google Analytics. When using our ‘Lease Your Property’ forms, we collect personal data such as your name, property address, email, phone number, and your relationship to the property. We manage your information in strict compliance with data protection legislation. For more information, please refer to our Privacy Policy.

If you believe that any content on the Services infringes upon your copyright or the copyright of someone you represent, please notify us by providing a written notice containing the following information:

(1) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
(2) identification of the copyrighted work claimed to have been infringed;
(3) identification of the material that is claimed to be infringing, with sufficient detail to enable us to locate it on the Services;
(4) your contact information, including your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Send your notice of copyright infringement to the following email address: [email protected]

The Services may contain links to third-party websites, resources, or services that are not owned or controlled by TowerSpace. TowerSpace has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, resources, or services. You acknowledge and agree that TowerSpace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites, resources, or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

The Services and their contents are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, TowerSpace disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. TowerSpace does not warrant that the Services or their content will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

In no event shall TowerSpace, its directors, officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(1) your access to or use of or inability to access or use the Services;
(2) any conduct or content of any third party on the Services;
(3) any content obtained from the Services; and
(4) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not TowerSpace has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

You agree to defend, indemnify, and hold harmless TowerSpace, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorised in these Terms of Use, or your use of any information obtained from the Services.

TowerSpace reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason, including, without limitation, if TowerSpace believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. The provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms of Use and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the courts of South Africa, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If any dispute arises between you and TowerSpace in connection with your use of the Services, these Terms of Use, or any related matter, both parties agree to first attempt to resolve the dispute amicably through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules and procedures of the Arbitration Foundation of South Africa, and the decision of the arbitrator(s) shall be final and binding on both parties.

No waiver by TowerSpace of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TowerSpace to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use, together with our Privacy Policy, constitute the sole and entire agreement between you and TowerSpace with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

If you have any questions, concerns, or comments about these Terms of Use, please feel free to contact us at:

TowerSpace
27 Canford Park, 53 Anthony Road,
Durban North, KwaZulu-Natal, 4051
South Africa

Email
[email protected]