Advanced
Price Range From To
Other Features

Terms and Conditions

  1. INTRODUCTION

TERMS AND CONDITIONS

  1. 1.1.  The Website is owned and managed by Propert88, a company registered and owned by Katsha GROUP in South africa and Uganda with the company registration number K2021721320 and having its registered address at 34 Whiteley Road, Melrose Arch, Sandton. 2196 & Plot 134 Wampewo Avenue, Kololo, Uganda.
  2. 1.2.  Pursuant to the Estate Agents Affairs Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Propert88 as selling agents for your property.
  3. 1.3.  Please read the Terms and Conditions set out below. In order to avail Propert88 services you are required to accept these Terms and Conditions.
  4. 1.4.  References to “this Agreement” or “Terms and Conditions” are references to these Terms and Conditions and all Schedules
  1. ALTERATION TO THESE TERMS & CONDITIONS
  1. 2.1.  Propert88 reserves the right to amend or change these terms and conditions at any time by posting the last updated date at the bottom of the Terms and Conditions page.
  2. 2.2.  If it is necessary to change the terms and conditions or add or remove any part at any time in the future we will post such changes on our website, www.property88.co.ug, (the “Website”). It is your responsibility to review our Website for any changes and you agree to be bound by such changes if you should continue to use the Services.
  3. 2.3.  These standard terms and conditions together with the signed agreement (“the Contract”) concluded between Propert88 and each client who advertises on the Website (“Client”).
  4. 2.4.  If there is any discrepancy or conflict between these standard terms and conditions and the Contract, the provisions of the Contract will apply.
  1. IMPORTANT INFORMATION FOR CLIENTS
  1. 3.1.  Propert88 hosts a website under domain name www.property88.co.ug and provides online marketing of property listings for sale; advertising services of service providers in the real estate, legal and related industries and sales support services for a period of 3 months (“Initial Marketing Period”) during which we aim to sell your property however registration fee will be required whether your property is sold or not.
  2. 3.2.  You have the right to cancel this agreement within 14 days and at any time thereafter however please note that you will be charged for all services used and Additional Fees may also be chargeable, see Right to cancel for more information.
  3. 3.3.  Please note that services start from when you agree to accept an Agent Visit and for the avoidance of doubt, once your property is listed on the Property88 Website then all fees will be due and payable.
  4. 3.4.  Propert88 works with a number of third parties to provide the services and failure to make scheduled appointments without providing reasonable notice (1 working day) may result in additional charges.

3.5. A schedule of fees for the Packages offered by Propert88 provides. Additional Fee is included in Schedule 2: Packages and Service Fees, add-ons available from time to time will be detailed on our website.

  1. TERMS OF THIS AGREEMENT/THESE TERMS AND CONDITIONS:

Definitions Within this agreement/these Terms and Conditions and the following words of phrases shall, unless the context otherwise requires, have the following meanings:

  1. 4.1.  “Buyer”: The person or commercial entity buying your property;
  2. 4.2.  “Client”: See “Registered user” below;
  3. 4.3.  “Completion/Completed”: Legal completion of the sale of your Property;
  4. 4.4.  “Exchange”: When contracts of the sale of the property are legally exchanged and are legally binding;
  5. 4.5.  “Fees”: The amounts payable to Propert88 for the Services as detailed in Schedule 2;
  6. 4.6.  “Initial Marketing Period”: A period of 3 months, starting from the date of purchase of a Package, during which Propert88 provides the Services;
  7. 4.7.  “Packages”: Where the context permits in respect of any one of the packages “Packages” are the core services provided by Propert88 hereunder and as further set out in below and/or our Website;
  8. 4.8.  “Property”: The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”.
  9. 4.9.  “Registered User”: A user of the Services that has completed the registration requirements of the Website and is thereafter referred to as the “Client”;
  10. 4.10.  “Seller(s)”: Means the owner(s) of the property or the person who is legally entitled to sell the property;
  11. 4.11.  “Services”: Means the range of services offered by Propert88 including those detailed in the Packages and any add on services;
  12. 4.12.  “Purchasers” or “you”: Means the persons interested in purchasing of the property or the person who is legally entitled to purchase the property;
  13. 4.13.  “Propert88” or “We” and “Us”: Means Propert88 a company registered in Uganda, company registration number, K2021721320;
  14. 4.14.  “Propert88 website” or “Website”: Means www.property88.co.ug
  15. 4.15.  “Working Day”: Means a day other than Saturday, Sunday, a bank holiday or a public holiday.
  1. APPLICATION TO “USERS”
  1. 5.1.  By logging in, registering on, accessing or using the Website, all persons making use of the Website (“Users”) agree to be bound by these Standard Terms and Conditions, except those provisions which explicitly or implicitly, only apply to Clients.
  2. 5.2.  By logging in, user confirms:
  1. 5.2.1.  That your login details will be used by the user alone and
  2. 5.2.2.  User log in details may need to be shared with Property88 (Pty) photographers so that they may upload photographs for users of our Premium Portal.
  3. 5.2.3.  That your login details will not be disclosed to any third party.
  4. 5.2.4.  The Seller of a privately listed property, not represented by an estate agent on Propert88, entered into an agreement with Propert88 to market and sell the property listed on this website.

5.2.4.1. In case of open mandates, where other agencies are listing the property, the Agreement that users were introduced contingent of whether the buyer saw the listing created and advertised by Propert88 on their behalf.

5.2.5. As the Seller, you agree that you were introduced to the buyer to purchase property listed by Propert88.

5.3. By using the website, you agree to:

  1. 5.3.1.  Follow generally acceptable Internet etiquette
  2. 5.3.2.  Indemnify Propert88 free from any loss or damage of whatever nature caused as a result of using the website as stated below.
  3. 5.3.3.  Follow all laws applicable to the intellectual property rights of all content and available service s by accessing the Propert88 website as stated below.
  4. 5.3.4.  Not resell any content or use Propert88.’s content for monetary gain, unless permitted by Propert88 in writing as stated below.
  5. 5.3.5.  Not to copy any software, reproduce any part of any content or service or use any software and/or content in any work or publication as stated below.
  1. LEGAL ENTITLEMENT TO SELL

6.1. By submitting your details and your Property details to Propert88 and instructing us to market your Property for sale, you warrant, represent and undertake to us that:

  1. 6.1.1.  you are the owner of the property and you have the legal right to sell your Property;
  2. 6.1.2.  all owners of the Property are aware of and consent and agree to the marketing of the Property for sale; and
  3. 6.1.3.  you have all necessary rights and authorities to instruct us to market the Property for sale.

6.2. By submitting your details and your Property details to Propert88 and instructing us to introduce you as Buyer for a specific Property for sale, you warrant, represent and undertake to us that:

  1. 6.2.1.  you have the legal right to purchase Property;
  2. 6.2.2.  as Buyer for a Property are aware of and consent and agree to the terms and conditions herein regarding the Property for sale; and
  3. 6.2.3.  you have all necessary rights and authorities to instruct us to introduce you to the Seller of the Property for sale.
  1. PROPERT88 PROVIDES THE FOLLOWING SERVICES TO CLIENTS AND USERS:
  1. 7.1.  display and market on the Website the Advertisements provided to it by the Client from time to time and subject to the limitations as to the number, type, content and design of Advertisements as reasonably determined by Propert88 from time to time;
  2. 7.2.  Provide a telephonic support service from Monday to Friday, from 08:00 to 17:00, for Clients and Users.
  1. SALES PACKAGES
  1. 8.1.  The Premium Portal Package incurs a non-refundable up-front fee which is payable at the time of choosing the package and instructing the Propert88.
  2. 8.2.  The duration of marketing for all sales packages is three calendar months from the date you instruct the company to market your property or until an express instruction given by Sellers to remove the property from Propert88 portal after 3 months. The expiration of the agreement does not automatically end.
  3. 8.3.  The Propert88 will not market properties “for sale” on behalf of other estate agents or any entity or person who is not the owner of the property being presented for sale or have authority to sell on behalf of Seller.
  4. 8.4.  Propert88 has various package portals available of which benefits, and costs vary. See Schedule 2 and/or website www.property88.co.ug.
  5. 8.5.  These Packages entitle you to receive Services from Propert88 for the Initial Marketing Period. The details of each Package with the Services they include and all additional add- on Services available are set out on the Website.
  6. 8.6.  Fees may apply for optional Service “add-ons” as found on the Website (and Schedule 2).
  7. 8.7.  Please note that payment for a Package is required whether your Property is sold or not and Additional Fees may also be chargeable should you cancel your Package.
  1. PACKAGES THAT COME WITH A ONCE OFF REGISTRATION FEE

9.1. You will be required to pay Shs 0,00 registration fee for the Premium Portal Package selected by you immediately upon ordering.

  1. GENERAL TERMS
  1. 10.1.  If any part of these Terms and Conditions are found to be illegal, the term that is found to be illegal will be removed without effecting the other terms which will continue in full force and effect.
  2. 10.2.  Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  3. 10.3.  Even if we delay in enforcing these Terms and Conditions, we can still enforce samelater.
  4. 10.4.  If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you are no longer subject to these terms and conditions and it will not prevent us taking steps to secure our rights at a later date. For example, in the event you

fail to make payment and we do not send you notice of missed payment, but we continue to provide the services, we reserve the right to invoice you for a missed payment and require you to make the payment at a later date.

  1. GENERAL PROPERTY SALE TERMS
  1. 11.1.  After the Initial Marketing Period expires (or when Exchange or Completion has occurred on your Property), your Property will be taken off all portals. If you wish to extend the Initial Marketing Period, you can do so by purchasing an extension with us, see Schedule 2.
  2. 11.2.  If within the Initial Marketing Period you sell your Property by other means, Propert88 have the right to ask for proof of same.
  3. 11.3.  All Fees are listed in Schedule 2 of these terms and conditions, the fees listed are the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the Package you purchased is reduced at a later stage. All Fees are inclusive of VAT.
  4. 11.4.  Fees in Schedule 2 are for listing one Property. If you wish to list multiple properties, you will have to pay the relevant Package fee for each property you list.
  5. 11.5.  All add-on Services as listed on the Website (and/or Schedule 2) are listed at the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the add-ons you purchased are reduced at a later stage. All add -on Service fees are inclusive of VAT.
  6. 11.6.  If your Property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time and that you are not in breach of any terms agreed with any other agent(s). We accept no liability for any breach arising from your agreement with another estate agent. If you advertise with us in breach of the terms of contract with your other estate agent(s) then we can remove your listing with us by giving us a least 24 hours’ notice. However, you will not receive any refund on registration fees.
  7. 11.7.  Propert88 accepts payment via all major credit cards and debit cards Payment. All credit card and debit card information are collected securely and processed Propert88.’s nominated partner that may change from time to time.
  8. 11.8.  Following the commencement of the Services, Propert88 may terminate our agreement with you at any time by writing to you if you do not, within a reasonable time of Propert88 asking for it, provide us with information that it necessary in order for us to provide the Services (including but not limited to information requested to verify your identity and your ownership of the Property (where applicable to an instruction). If Propert88 is forced to terminate the agreement as a result of your breaking our agreement in this manner you may be liable for Additional Fees, see Schedule 1.
  1. GENERAL USAGE
  1. 12.1.  Propert88 does its utmost to ensure that the content on the Propert88 website is accurate. However, we do not guarantee that the information on the website, any tools available on the website including calculators, software or content including maps and floor plans of Standard Bank mandated properties, Absa properties, FNB properties, Estate Agent properties or private properties are correct.
  2. 12.2.  Propert88 facilitates the marketing process for property listings on its website www.property88.co.ug.
  3. 12.3.  There are 5 types of packages Propert88:
  1. 12.3.1.  DYI – free listing
  2. 12.3.2.  Premium
  3. 12.3.3.  Traditional Estate Agent
  1. 12.3.4.  Investors – Private
  2. 12.3.5.  Developer Portal
  1. 12.4.  Initial start-up registration fee is payable upon registration in the amount of SHS 0,00 for all packages.
  2. 12.5.  A flat rate commission of R35 000 will be due to Property88 (PTY)LTD should the sale of a property listed via any of Propert88, namely:
  1. 12.5.1.  DYI
  2. 12.5.2.  Premium
  3. 12.5.3.  Developers Portal
  1. 12.6.  Developers can sell their own developments through Propert88 by means of a separate agreement only.
  2. 12.7.  By making an offer on any property listed in Propert88 online, you warrant that you understand that making an offer is not entering into a bidding process.

12.7.1. An offer may be interpreted as entering into a bidding process due to the mechanism by which Propert88 notifies other buyers of offers made on the property on which they’ve made an offer, as a result of the algorithm written to provide this service.

  1. FEES
  1. 13.1.  The client accept responsibility to pay Propert88 fees and any other charges agreed by the client and Propert88. You, as the client, are hereby confirming to Propert88 that you are the sole or joint legal owner with another party and by agreeing to be bound by these terms and conditions, you are confirming to us that you are agreeing to these terms and conditions on behalf of all owners of the property.
  2. 13.2.  By accepting this agreement, the client is confirming that you have read and understood this agreement and that:
  3. 13.3.  You are personally liable for Propert88 fees and all agreed cost and charges; and that

13.3.1.1. Where you have signed on behalf of someone else, you are jointly and severally liable with that person for our fees (and where applicable, any other costs or charges agreed and incurred by us on your behalf).

13.4. Initial Fee

13.4.1.1. Once off registration start fee is SHS 0,00 to be payable on date of registration of a property on the Premium Portal

13.5. 13.6. 13.6.1.1.

Commission Fees
Our flat rate commission fee in the amount of R 35 000,00 is required to be paid on: completion of sale of property via our DIY, Premium or Developer’s Portal

13.6.1.2. the conclusion of the sale between Seller and Buyer, after the cancelling of the marketing of the Property with Propert88, which conclusion resulted through the introduction and Marketing efforts by Propert88.

13.7. Panel Conveyancing Discount

  1. 13.7.1.  A Panel Conveyancing Discount applies to Investor portal option for packages with conveyancing services from Propert88.’s recommended Panel of conveyancers.
  2. 13.7.2.  In the remaining packages, no discount of conveyancer fees is offered.
  3. 13.7.3.  Payment of conveyancer fee is to be made directly to the conveyancers as according to their rate and terms and conditions.
  1. 13.8.  Payment of fees
  2. 13.9.  Where you have an agreement with the Finance Provider payment of the Fees for the Package and add-on Services will be made by you to the Finance Provider in accordance with the terms and conditions of the agreement between you and the Finance Provider.
  3. 13.10.  However, if you do not pay the Fees or any outstanding amounts of the same in full on the due date then the Finance Provider; Conveyancer or agents may take steps to recover the outstanding amount from you. This may include but not be limited to bringing legal proceedings against you and you may be liable for our reasonable costs incurred in trying to recover the money you owe under this Agreement
  1. YOUR LISTING TERMS
  1. 14.1.  Your listing is with Propert88 and our portal partners as listed on the Website (which can change without notice).
  2. 14.2.  You are required to disclose any information of which you are aware in relation to the property in a clear, and timely fashion.
  3. 14.3.  You must take all reasonable steps to ensure that all information and statements about the Property that you disclose to Propert88 and to potential buyers or their representatives whether oral, pictorial or written, are accurate and are not misleading with al l material facts included. Furthermore, any answers to questions about the property must be truthful, materially complete and not misleading.
  4. 14.4.  Propert88 will use reasonable commercial endeavours to ensure that your property is listed on the Website during the Initial Marketing Period subject to you selling your Property sooner or you terminate the service. The Website may be subject to technology or server related interruptions from time to time therefore Propert88 gives no warranties or guarantees that the Website will operate error free at all times.
  5. 14.5.  Propert88 will use reasonable commercial efforts to upload all property details on to our property portal networks at all times. However, part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not appearing as instructed by you or any missing elements.
  6. 14.6.  Propert88 will place your listing on third party website portals. By agreeing to these Terms and Conditions you acknowledge that;
  1. 14.6.1.  these websites are subject to change; that they may or may not be controlled by a third party;
  2. 14.6.2.  that Propert88 do not provide any guarantees or warranties that your listing will be live or a continued presence on these websites; and

14.6.3. you further acknowledge that these third-party website portals may at times experience issues with displaying properties including but not limited to feed issues and Propert88 is unable to provide any guarantees or warranties as to when a listing will be back up live and showing on any particular Third-party website portal. Your property listing will be uploaded and displayed on our portal within 2 days after approval.

14.7. If you order the premium listing, then please note the following:

  1. 14.7.1.  this is a one-time activation that lasts for a minimum of 3 months without interruption. For example if you choose to de-list your property after 2 months of activation then your premium listing will instantly come to an end and no refund will be given in relation to any remaining time available for your listing.
  2. 14.7.2.  Premium listings may be added after your listing goes live.
  3. 14.7.3.  If you re-list the property at any time after the Premium Listing has been added then you will no longer be able to use the premium credit unless you purchase another one.

14.8. You automatically receive Services for the Initial Marketing Period during which time we will list your Property on the Website and all partner websites subject to the terms relating to Portals above.

  1. 14.8.1.  If your Property has not exchanged within the Initial Marketing Period, your listing will not expire automatically. Listing continues indefinitely and an express instruction in writing must be given to remove the listing.
  2. 14.8.2.  Propert88 will use reasonable endeavours to contact you to determine if you wish to extend the Initial Marketing Period.
  3. 14.8.3.  Properties listed on the DYI may after the 3 month period, be elected by the Seller to be converted to the Traditional Portal.
  1. 14.8.3.1.  An agent will contact the Seller and enter into a mandate with the Seller on their predetermined commission.
  2. 14.8.3.2.  Propert88 will be entitled to 10% of agent commission on sale price of property by in-house agents and 20% on sale of property by associate agents
  1. ADDITIONAL SERVICES

15.1. Propert88 may offer additional services via our partners to our sales and lettings customers which include mortgages, insurance products, conveyancing, tenant referencing, removal; website design; legal advice and other services and products.

  1. PHOTOS AND AGENTS VISITS
  1. 16.1.  Propert88 may send an agent to visit your property for verification, photography, floorplan or appraisal purposes at an additional fee.
  2. 16.2.  If you are supplying your own photographs (maximum 20) and description we require these to be accurate when they are sent to us or uploaded onto the Website,
  3. 16.3.  Should you require us to take photos of your property it will be subject to an additional fee.

16.3.1. Once you have agreed a date for the photographer to visit, you are obliged to keep the appointment (“Agent Appointment”), any cancellations must have 1 Working Day notice, otherwise you will incur costs, see Schedule 2.

  1. 16.3.2.  When you instruct Propert88 to arrange for photographs to be taken of your Property (or for other add-ons), a Propert88 agent will use reasonable commercial efforts to contact you within 24/48 hours of ordering the relevant Package to arrange a visit, however on some occasions this may take longer.
  2. 16.3.3.  If you are supplying photographs taken from another photographer (or source) you must have permission to use the photographs from the photographer (or the owner of the photograph s). You will also grant Propert88 a royal free, unlimited, worldwide and non-exclusive license to use any photographs supplied by you or a third-party source.
  3. 16.3.4.  Propert88 have the right to take your listing off the Website and off the portals if notified by a third party that the photographs used may not be permitted for use by you.
  4. 16.3.5.  Propert88 will notify you and re-list the Property as soon as the correct/appropriate photographs are provided along with an authorisation from a third party to use the photographs, where appropriate.
  5. 16.3.6.  If we are providing your photographs, the fee paid will be for taking the photographs of one property.
  6. 16.3.7.  If a property has outbuildings, there will be an additional charge for these extra properties. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.
  1. 16.4.  Our network of agents covers most of the Uganda, there are certain areas where coverage is minimal and although we can still cover them, a fee may apply for our agents to visit these areas.
  2. 16.5.  Areas subject to a potential fee are set out in Schedule 2, Agent Fee, the additional costs will be advised to you prior to purchase.
  1. CONVEYANCER
  1. 17.1.  Propert88 offer conveyancing services from an expert panel of conveyancers (the “Panel”) with its Packages. By selecting to use Propert88, you select the discretion of Propert88 to select conveyancer on your behalf.
  2. 17.2.  The selected Panel conveyancer will contact you directly with a quote and its terms and conditions of service for providing the conveyancing services in relation to the sale of your property.
  3. 17.3.  The Panel Cancellation Fee will become due and payable immediately upon Propert88.’s receipt of notice from the Panel conveyancer or the Seller that either
  1. 17.3.1.  you have not instructed them within 14 days of your formal acceptance of an offer for the sale of the Property
  2. 17.3.2.  you have cancelled your agreement with them prior to Completion,

17.4. Payment of the Panel Cancellation Fee can be made using a credit or debit card.

  1. VALUATIONS
  1. 18.1.  We can provide a market appraisal of the value of your Property from the data we have which is pulled in from various sources and takes into account national and regional trends in the housing market, however, for the avoidance of doubt, the price at which you decide to market your Property will be solely down to your choice.
  2. 18.2.  An appraisal shall be made to determine the value of your property at your discretion, at “no- charge”.

18.2.1. Should you not be satisfied with the appraisal provided, another appraisal shall be appointed at which costs shall be for your account as an additional fee.

  1. EXISTING ESTATE AGENT CONTRACTUAL OBLIGATIONS
  1. 19.1.  It is the responsibility of the clients to make the Propert88 aware of any existing estate agents’ contractual obligations that they may be subject to. Clients who are subject to existing ‘sole agency’ or ‘sole selling rights’ contracts are required to change the contract to a open mandate agency agreement or give notice according to the terms of the existing contract if they wish to market their property with the Propert88.
  2. 19.2.  Clients who do not disclose to the Propert88 any other existing contractual obligations may be required to also pay fees to another firm as well as those payable to the Propert88.
  1. GAS & ELECTRICAL SAFETY INSPECTIONS
  1. 20.1.  It is a legal requirement to have property inspected and certificated on an annual basis for gas and electrical safety and compliance where a gas and electricity supply is connected to it. This remains the sole responsibility of the owner.
  2. 20.2.  Propert88 takes no responsibility for ensuring seller compliance with such legal and regulatory requirements. Where your property is subject to a gas and electrical safety inspection and certification.
  3. 20.3.  Propert88 shall have authority to appoint, on behalf of client, an inspector of which costs shall be paid separately by the Seller.
  1. BEETLE CERTIFICATES
  1. 21.1.  Under law if you are selling a property it must have a valid beetle certificate.
  2. 21.2.  Propert88 takes no responsibility for ensuring seller compliance with such legal and regulatory requirements.
  3. 21.3.  Propert88 shall have authority to appoint, on behalf of client, an inspector of which costs shall be paid separately by the Seller.
  1. SUB-CONTRACTING
  1. 22.1.  Property88 (Pty) may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client/User.
  2. 22.2.  The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without Propert88 prior written consent
  1. VIEWINGS / MESSAGES AND OFFERS RECEIVED FOR YOUR PROPERTY
  1. 23.1.  Applicants/Buyers of Propert88 username and their personal information will not be passed on until the parties proceed to Property viewing stage.
  2. 23.2.  Propert88 may vet messages sent via our platform.
  3. 23.3.  Once a viewing has been arranged, the confirmation email to both the Seller and the purchaser will list the property address, the time of the viewing, both parties and their respective contact details (name and phone numbers). After confirmation has been sent to both parties, Propert88 have no responsibility if either party (applicant or Seller) fail to show or are not available

for a viewing. Viewings are the responsibility of the Seller However, Propert88 can carry out viewings out at an extra cost chargeable to the Seller.

  1. 23.4.  Should a buyer wish to make an offer on a property notice must be given to Property88 who shall draft an offer to purchase upon receipt of the same
  2. 23.5.  Propert88 confirms that (unless otherwise instructed in writing by you, the Seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days of receipt of the same.
  3. 23.6.  Once a sale has been agreed and confirmed by both the Seller and the Buyer (“parties”), the following steps will be conducted:
  1. 23.6.1.  the parties will notify Propert88 via email;
  2. 23.6.2.  Propert88 will prepare and send out a Memorandum of Sale via email to the parties (or via their online account);
  3. 23.6.3.  Upon receipt of the signed Memorandum of Sale (indicating that both parties have an accepted the offer), Propert88 will forward the parties details to the appointed conveyancer;
  4. 23.6.4.  The Memorandum of Sale and the contact details of the parties will be sent to the appointed conveyancer.
  5. 23.6.5.  The appointed conveyancer shall contact the parties to obtain relevant supporting documentation; submit quote of conveyancing fees and arrange time for signing of the transfer documentation.
  1. YOUR OBLIGATIONS AS BUYER(S): 24.1. 1. You as a buyer/purchaser warrant that:
  1. 24.1.1.  you seek to purchase Property
  2. 24.1.2.  you do hereby grant Propert88, an Exclusive Buyer’s / Purchaser’s Sole Mandate to facilitate the purchase of a Property to be introduced to you by Propert88 upon the following terms and conditions:
  1. 24.1.2.1.  you will pay, if selected Traditional Estate Agent package, the Estate Agent commission according to the percentage set out in their terms and conditions; or
  2. 24.1.2.2.  you will pay, if selected DIY and Premium Portal packages, the flat rate of R 35 000,00
  1. 24.1.3.  you will pay, if an in possession of an Investor Portal membership, the agreed upon discounted flat rate afforded by the benefits and privileges bestowed upon you as an Investor Portal member
  2. 24.1.4.  you will be liable for payment of commission either during the period of the mandate, or, for a period of two (2) years after the expiry thereof, to any prospective Seller that was introduced to the Property by the Propert88;
  1. YOUR OBLIGATIONS AS THE SELLER(S): 25.1. Authority, Power Capacity
  1. 25.1.1.  The Seller(s) hereby confirm(s) and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement.
  2. 25.1.2.  The Seller(s) hereby confirm(s) and covenants that he/she/they are the beneficial owner(s) of the property listing; or have the authority from the beneficial owner to sell the Property on the above terms.

25.2. You, the Seller, undertake that you:

  1. 25.2.1.  will not do anything which might prevent, frustrate or hinder Propert88 from effecting a sale of the property listing.
  2. 25.2.2.  will not do anything which might in any way prevent or hinder Propert88 from effecting a sale of the Property in terms hereof.
  3. 25.2.3.  will pay to the Propert88 a commission R 35 000,00 in the event that the you sell the property listed, either during the period of sole mandate, or, for a period of two (2) years after the expiry thereof, to any prospective purchaser / buyer introduced to the property listed by the Propert88 on your behalf.

25.2.3.1. You will accept to bear the cost of an Electrical Compliance Certificate issued by an accredited electrical contractor and the cost of any necessary repairs to the Property to enable a certificate of compliance to be issued.

25.2.4. will accept the appointment of Propert88 panel of conveyancer or their duly authorised agents to attend to transfers and other property including legal related matters.

25.3. The Financial Intelligence Authority Act, 38 of 2001 (FIA)

  1. 25.3.1.  Under the The Financial Intelligence Authority Act, 38 of 2001 (FIA), Propert88 are required to carry out identity checks on both buyers and sellers of the properties that we market.
  2. 25.3.2.  Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.

25.4. Consumer Protection Act, 2008, (No 68 of 2008)

  1. 25.4.1.  Your Property details will be verified before marketing of the Property can commence. Our local

agent will approve your details.

  1. 25.4.2.  To ensure compliance with the Consumer Protection Act, 2008, (No 68 of 2008) the Seller must inform Propert88 immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
  2. 25.4.3.  Any amendments that you make to your Property listing will be fully vetted by Propert88 and if we conclude based on a reasonable suspicion that they are not valid we reserve the right to amend them appropriately without notice.
  3. 25.4.4.  Propert88 reserves the right not to publish certain information provided by the Seller in order to comply with the Consumer Protection Act.
  4. 25.4.5.  Any other publication (our brochure for example); may be subject to change a t any time. When changes are made to the website (including prices), these may not appear at the same in the brochure and such amendments may appear in the following version of the brochure.
  5. 25.4.6.  The Seller shall indemnify Propert88, its proprietors, directors, employees or agents against any loss or damage suffered by Propert88, its directors, employees or agents arising from; (i) any claim made by the Seller in respect of the Property; (ii) any inaccurate, false or misleading descriptions of the same; or (iii) any breach of applicable legislation or regulations including but not limited to the Consumer Protection Act.
  1. UNOCCUPIED PROPERTY

26.1. Propert88 does not accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.

  1. ACCEPTING OFFERS
  1. 27.1.  Sale properties – any offers received or accepted directly by the homeowner from a buyer must be communicated to Propert88 in writing by post or by email.
  2. 27.2.  Once an offer is accepted via the Propert88 system by the property owner, Propert88 will inform the prospective buyer via e-mail.
  3. 27.3.  This e-mail is sent from support@property88.co.ug to the e-mail address specified by the buyer when registering.
  4. 27.4.  It remains the responsibility of the buyer to add support@property88.co.ug to his/her safe sender list to make sure all emails sent by Propert88 are received timeously.
  5. 27.5.  Although every effort is taken to ensure that all emails are sent by Propert88, we cannot guarantee this
  1. COMPLAINTS
  1. 28.1.  Propert88 strives to deliver the best possible service however should you be less than happy, please contact us as soon as possible so we can resolve matters quickly and efficiently. Propert88 will use reasonable endeavours to answer all complaints in a reasonable amount of time and in accordance with the guidelines set out by the Property Ombudsman, our procedure is detailed below.
  2. 28.2.  Complaints Procedure

28.2.1. Step 1 – Raise with your dedicated agent

28.2.1.1. In the first instance, please speak with your Lister, Sales Negotiator or Sales progressor to try to resolve the issue.

28.2.2. Step 2 – Escalate to the Departmental Manager
28.2.2.1. Should your agent be unable to resolve your complaint they will refer your case to the

Departmental Manager.

28.2.3. Step 3 – Refer to the Customer Experience Department

28.2.3.1. If the Departmental Manager does not resolve the complaint, please put your complaint in writing to tyron@property88.co.ug. Your complaint will be acknowledged within 3 working days of receipt and addressed by the Customer Experience Department, we aim to respond to all complaints within 15 working days.

28.3. Conveyancing Complaints

  1. 28.3.1.  Your chosen conveyancer will work to a service level agreement that Propert88 has put in place.
  2. 28.3.2.  Propert88 will use reasonable commercial efforts to be available to assist you to resolve issues related to our services but any complaints regarding the conveyancing process must be directed to your conveyancer who will operate their own complaints procedure.
  3. 28.3.3.  Should your conveyancer fail to respond, kindly forward your complaint to info@esmlaw.co.za.
  1. DIRECT MARKETING & CANCELLATION
  1. 29.1.  Direct Marketing Contract” is any contract, including an upgrade of or an extension of a contract, concluded between a Client and Propert88 as a direct result of Propert88 approaching that Client, either in person, by email, phone, fax or SMS, for the purpose of promoting or offering to supply a Client with its services pertaining to Advertisements on the Website, but excludes contracts concluded as a result of an approach by a Client to Propert88, whether by phone, SMS, email or other method.
  2. 29.2.  Client may, without reason, cancel a Direct Marketing Contract, by giving written notice to Propert88 within 14 business days of concluding the Direct Marketing Contract.
  3. 29.3.  No refund will be provided to the Client in respect of that Direct Marketing Contract.
  4. 29.4.  Propert88 will not commence providing any services in respect of a Direct Marketing Contract until expiry of this 5-business day period unless Propert88 decides otherwise.
  1. CANCELLATION / TERMINATION

30.1. We may terminate our agreement with you and demand immediate payment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:

  1. 30.1.1.  we discover that our decision to defer your payment was based on inaccurate , misleading or incomplete information;
  2. 30.1.2.  someone serves a statutory demand on you or takes other steps to make you bankrupt;
  3. 30.1.3.  you die; or
  4. 30.1.4.  you materially breach these terms and conditions.
  1. 30.2.  Should you cancel your service and/or your finance with the Finance Provider you may still be liable for Cancellation Fees (with regards to panel of conveyancers) and Administration Fees as detailed in Schedule 2 and in the Right to Cancel 22.3. – 22.6. section below of the Terms and Conditions.
  2. 30.3.  14 days “cooling off period”
  1. 30.3.1.  The Right to Cancel off-premises contracts is regulated by provisions contained in the Agreement of Sale (Information, Cancellation and Additional Charges)
  2. 30.3.2.  Contracts entered off-premises or at distance are subject to a 14 day “cooling off period”. Where contracts are made off premises, you have the right to cancel the contract within
    period starting the day after the date these terms and conditions are agreed.
  3. 30.3.3.  In the event you wish to cancel the contract you must, within the 14 day “cooling off period”, inform Property88 (Pty)Ltd of your decision to cancel in writing by email to bjorn@property88.co.ug.

30.4. Cancellation Charges in the “cooling off period”

30.4.1. Should you agree to receive the Services including commencement of the marketing of your Property during the “cooling off period” then you will be charged for the Services provided as detailed below.

  1. 30.4.2.  Our Services are deemed to have been provided in full when your Property is listed on the Propert88 website and the Buyer signed the Agreement of Sale.
  2. 30.4.3.  If you have agreed that we begin the performance of Services during the “cooling off period” and then you later cancel during the “cooling off period”, you will be liable to us for the full amount of the Fees for all Services consumed in that period, (see Schedule 2 – Service Cancellation Fee), notwithstanding your cancellation.
  3. 30.4.4.  For the avoidance of doubt, if your Property has been listed on the Propert88 Website during the “cooling-off period” then all Fees for the Package and add-ons shall be payable in full on request, without refund.

30.5. Registration Once off fee of SHS 0,00
30.5.1. No refunds of registration fee will be made for cancellation of Propert88 services. 30.6. General Right to Cancel

  1. 30.6.1.  You may ask us to remove your details from the Propert88 website at any time after the 14 day “cooling off period” but you will not be entitled to any refund and may be subject to an Administration Fee, see Schedule 2.
  2. 30.6.2.  Once you have asked us to remove your details from the Propert88 website then you will not be able to re-instate them without payment of an additional fee and Propert88 will inform the Finance Provider of the cessation of service.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. 31.1.  All the content on the Website, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software and/or source codes, programming; algorithms databases, agreements, the name “Propert88” and the associated logo (which are both registered trademarks) the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of Propert88.
  2. 31.2.  The Clients and Users must not reverse-engineer or attempt to copy the Website in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the Website.
  3. 31.3.  Propert88 and/or its licensors is the owner or licensee of intellectual property rights in the Website and the Services, information and content (including photographs either supplied by us, you or a third party; all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name “Propert88” and the associated logo; the Website source code, copyrights and any modifications and/or upgrades thereto) available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered).
  4. 31.4.  Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.
  5. 31.5.  We grant you a non-exclusive, non-transferable licence to use the Website solely in executable form and only to the extent necessary for use of the Website and the Services, and for no other purpose.
  6. 31.6.  You must not use an automated program (including, without limitation, any web-crawling or screen- scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this

Website. Any such use of an automated program is prohibited and shall be a breach of these Terms and Conditions.

  1. 31.7.  You may not reproduce, copy, edit, republish, transmit materials including but not limited to; articles, incorporating into any other materials, or distribute any material article, photographs, images or submissions, information or content on this Website, or that form part of the Services, without Propert88.’s prior written consent. However, you are granted a limited right to access and use the Website and our Services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and the Services only. We reserve the right, in our sole discretion and without notice to you, to terminate your account with Propert88 and to prevent future access by you to this Website.
  2. 31.8.  You may not do anything which may be seen to take unfair advantage of the reputation and goodwill of Propert88 or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Propert88.
  1. YOUR GENERAL OBLIGATIONS AND USE OF WEBSITE
  1. 32.1.  You agree that you are solely responsible and liable for all your activity on the Website, whether you are a Registered User or an unregistered user.
  2. 32.2.  You must promptly notify Propert88 in the event there is a breach of security or any unauthorised use of the login details where you are a Registered User. Propert88 may be contacted by email at breach@property88.co.ug.
  3. 32.3.  You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in any format that may reasonably be deemed to be;
  1. 32.3.1.  offensive, illegal, inappropriate or in any way;
  2. 32.3.2.  promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. 32.3.3.  harass or advocate harassment of another person;
  4. 32.3.4.  display pornographic or sexually explicit material;
  5. 32.3.5.  promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
  6. 32.3.6.  promote any illegal activities;
  7. 32.3.7.  provide instructional information about illegal activities, including violating someone else’ s privacy or providing or creating computer viruses;
  8. 32.3.8.  promote or contain information that you know or believe to be inaccurate, false or misleading;
  9. 32.3.9.  engage in or promote commercial activities and/or sales, without the prior written consent of Propert88; or
  10. 32.3.10.  infringe any rights of any third party.
  11. 32.3.11.  You acknowledge that by submitting information to the Website specifically for publication on the Website whether via your registered account or otherwise (“User Submission”) does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Propert88 may, at its sole discretion, choose to display any User Submission or any

part of a User Submission that you make on the Website and hereby grant to Propert88 a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

32.4. You warrant:

  1. 32.4.1.  that Propert88 does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website;
  2. 32.4.2.  by using the Website, each User acknowledges that Propert88 uses “cookies” on the Website to enable it to personalise each User’s visits to the Website, simplify the signing -in procedure, keep track of your preferences and to track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of the User’s computer by the browser. The browser will have the option to prevent websites using cookies, but this may reduce the functionality of the Website.
  3. 32.4.3.  No-one may link any page on the Website without Propert88.’s prior written consent. The Website contains links to other third-party websites over which Propert88 has no control. Propert88.’s does not recommend any products or services advertised on those websites and the Client/User uses them at its own risk.
  4. 32.4.4.  That you represent that you own or are authorised to use any and all the intellectual property rights in any User Submissions that you make to the Website.
  5. 32.4.5.  that the content, form and design of the photos and other information provided by the user to Property88 (Pty) (Ltd) does not, and will not, infringe any intellectual property rights of any other person. The user indemnifies Propert88 and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these Standard Terms and Conditions or the Contract.

32.5. You hereby grant to Propert88:

  1. 32.5.1.  a non-exclusive, irrevocable authority to make the User Submissions available to other Registered and unregistered users of the Website and to edit the User Submissions in the event that Propert88 deems it necessary or desirable to do so for any reason;
  2. 32.5.2.  a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Propert88 deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
  3. 32.5.3.  If you feel that any User Submission made by other Registered Users (and unregistered users) is objectionable, you are advised to contact Propert88 using the contact details set out on the Website. Propert88 shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.

32.6. You further agree that at all times, you shall:

  1. 32.6.1.  if you are a Registered User, not use your login details with the intent of impersonating another person;
  2. 32.6.2.  if you are a Registered User, not allow any other person to use your login details except the photographers as stated in clause 5.2.2. above;
  3. 32.6.3.  not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
  4. 32.6.4.  not do anything likely to impair, interfere with or damage or cause any harm or distress to any persons using the Website or in respect of the network;
  1. 32.6.5.  not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
  2. 32.6.6.  not use any information obtained using the Website otherwise than in accordance with these Terms;
  3. 32.6.7.  comply with all instructions and policies from Propert88 from time to time in respect of the Website;
  4. 32.6.8.  co-operate with any reasonable security or other checks or requests for information made by Propert88 from time to time; and
  5. 32.6.9.  use the information made available to you on the Website at your own risk.
  6. 32.6.10.  comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
  1. 32.7.  In the event that Propert88, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause, Propert88 shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
  2. 32.8.  Without prejudice to any of Propert88 ‘s other rights and remedies, Propert88 reserves the right, in its sole and absolute discretion, make a decision to terminate this agreement and recover all and any costs related to such termination and to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause.
  1. VIRUSES
  1. 33.1.  Propert88 offer no guarantees of any kind regarding the standard of services or the content on the Website.
  2. 33.2.  Propert88 does not warrant that:
  1. 33.2.1.  The website is error- free;
  2. 33.2.2.  The website will be accessible and operative on a 24 hour-per-day, 7 days-per-week basis;
  3. 33.2.3.  That any downloads or applications will be secure or free from bugs, Trojan horses, worms or any other computer viruses accessed through the Website.
  1. 33.3.  All responsibility for configuration of your information technology, computer programme and platform in order to access the Websites will lie with you.
  2. 33.4.  You should employ your own virus protection software.
  3. 33.5.  You must not misuse the Websites by introducing material which is malicious or technologically harmful including but not limited to; viruses, trojans, worms and logic bombs.
  4. 33.6.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

33.7. Unauthorised access to the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites is strictly prohibited.

  1. INDEMNIFICATION AND WAIVER

34.1. You, as registered user, agree to indemnify, defend and hold Propert88 and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from:

34.1.1. any and all claims or demands, loss, damage, costs and expenses made by any third party arising from any act omission or breach by you in relation to your agreement with the Finance Provider or

  1. 34.1.1.1.  through your password or otherwise, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any other person or entity
  2. 34.1.1.2.  As a buyer you indemnify Propert88 harmless:
  1. 34.1.1.2.1.  from any and all claims or demands, loss, damage, costs and expenses made by any third party along with any associated legal costs due to or arising out of your use of this Website;
  2. 34.1.1.2.2.  for any injuries sustained by the buyer who views the Property or any member of his/her family, visitors or tradesmen. The limitation of the Propert88.’s liability as aforesaid shall apply whether the injury, damage, inconvenience or loss is sustained inside or outside the said Property
  3. 34.1.1.2.3.  for all damage caused by an act or omission committed by the Seller;

34.1.1.3. As a Seller you indemnify Propert88 harmless:

  1. 34.1.1.3.1.  for any injuries sustained by the Purchasers who view the Property or any member of his/her family, visitors or tradesmen. The limitation of the AGENT’s liability as aforesaid shall apply whether the injury, damage, inconvenience or loss is sustained inside or outside the said Property.
  2. 34.1.1.3.2.  to keep the inside of the Property clean and in good order and not be liable for all damage to the Property caused by an act or omission committed by the Purchaser.
  3. 34.1.1.3.3.  for any damage or theft caused to any the Property by a burglary or attempted burglary

34.2. Each Client and User hereby acknowledges that:

  1. 34.2.1.  Propert88 is not an attorney, financial adviser or other professional adviser;
  2. 34.2.2.  each Client/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
  3. 34.2.3.  there is an obligation on a Client/User to make use of any of the service providers advertised on the Website;
  4. 34.2.4.  Propert88 does not regulate or take any responsibility for the content, accuracy or completeness of the Advertisements, the Client’s/User’s information or for the security of the Client’s/User’s passwords in respect of the Website.
  1. NOTICES

35.1. You agree that we may communicate with you by sending notices, information, documents and any statements to you in relation to this Agreement;

  1. 35.1.1.  to the most recent address we hold for you;
  2. 35.1.2.  sending you a PDF of the notice, information, document or statement concerned to any email address you have provided to us; or
  3. 35.1.3.  by delivery of an SMS to any mobile telephone number you have given to us.

35.2. Where you have provided us with an email address, we may contact you by email in relation to your application including any issue which may arise under this Agreement throughout the duration of this Agreement.

  1. USE OF YOUR INFORMATION
  1. 36.1.  In this clause, references to “We” or “us” include the Finance Provider and conveyancers
  2. 36.2.  Fraud Prevention Checks:

36.2.1. We will verify the personal information you provide to us with fraud prevention agencies before we agree to allow you to proceed with use of our services.

  1. 36.2.1.1.  If false or inaccurate information is provided, or if fraud is identified, details may be passed to fraud prevention agencies.
  2. 36.2.1.2.  Law enforcement agencies may access and use this information. We, and other organisations, may also use and access this information to prevent crime, including fraud and money laundering, for example, when checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts or facilities and recovering debt.

36.2.2. We may access and use from other countries the information recorded by fraud prevention agencies in addition to accessing and using the information recorded by the Uganda’s fraud prevention agencies.

  1. 36.2.2.1.  These organisations may be in countries outside the Uganda’s Economic Area.
  2. 36.2.2.2.  You can contact us at the address above if you would like the details of the relevant fraud prevention agencies.

36.3. Identity Checks

36.3.1. To protect you and us from financial crime, we may be required to verify the identity of our users. We may do this by either using reference agencies to search sources of information relating to you (an identity search) or relying on the Estate Agent to verify your identity and your residential address.

36.3.1.1. This will not affect your credit rating. If this fails, we may need to approach you to obtain documentary evidence of identity.

36.4. Credit Reference Checks

  1. 36.4.1.  We will conduct a full credit check using credit reference checking services before we agree to forward relevant interested parties regarding properties listed.
  2. 36.4.2.  We may do this for example if this is necessary for compliance with applicable laws or regulatory rules.
  1. GENERAL USAGE OF PERSONAL INFORMATION

37.1. We may use credit reference agencies, including their records, to obtain information on you, including on your credit history and in order to ascertain risks.

37.1.1. When the credit reference agencies receive a search from us, they will conduct a full credit check on your credit file that may be seen by other lenders and other companies unrelated to us.

37.1.1.1. These search footprints, personal information and (possibly) account performance data may be used by other lenders and credit reference agencies customers. The credit reference agencies may add the details of our search and information we hold about you to their records relating to you.

  1. 37.1.2.  Credit searches and other information about you which is provided by us to the credit reference agencies may be used and disclosed by credit reference agencies to other companies unrelated to us for the purposes mentioned above and to enable those other companies to trace your whereabouts, recover debts that you owe and verify your identity.
  2. 37.1.3.  Records remain on file at the credit reference agencies for 6 years after they are closed, whether settled by you or defaulted. credit reference agencies may also use the information referred to in this regard for the purpose of statistical analysis about credit ratings.
  3. 37.1.4.  We may access and use from other countries the information recorded by credit reference agencies, in addition to accessing and using the information recorded by the credit reference agencies. These organisations may be in countries outside the Uganda’s Economic Area.
  4. 37.1.5.  If you tell us that you have a spouse or financial associate with whom you have a personal relationship that creates a joint financial unit in a similar way to a married couple (for example if you have been living at the same address at same the time) we may:
  1. 37.1.5.1.  search, link and/or record information at credit reference agencies about you both;
  2. 37.1.5.2.  link any individual identified as your financial associate, in our own records;
  3. 37.1.5.3.  take both your and their information into account in future applications by either or both of you; and
  4. 37.1.5.4.  continue this linking until for example one of you notifies us that you are no longer linked.

37.1.6. When credit reference agencies receive a search from us they will link together the records of you and your spouse or financial associate.

37.1.6.1. Links between all such persons will remain on your files and their files until such time as you or the other relevant person successfully files for a disassociation with the credit reference agencies. If your circumstances change such that you are no longer a financial unit with another person you should contact the credit reference agencies about this.

37.2. Each user and client agree that:

  1. 37.2.1.  by using the Website, they provide Propert88 with certain personal information, including, without limitation, its name, company details, property searches, addresses, contact numbers, email address, Advertisements, sales statistics, location information, valuations, prices and rentals (“Personal Info”).
  2. 37.2.2.  Propert88 may collect Personal Info to compile the Website, provide services to the Users and Clients and related purposes. It is mandatory for the Client / User to provide some Personal Info in order to access the Website, as indicated on the Website.
  3. 37.2.3.  By using the Website, each User and Client explicitly consents to Propert88 using or disclosing the Personal Info in the following circumstances:

for communication purposes from time to time, provided that the User / Client may request to be removed from a communication system;

de-identified or aggregated Personal Info may be used for statistical and data analysis purposes; to improve the Website, to improve and develop new products, features and services;
in the ordinary course of its business and for promotions and marketing;
for use by its business partners for commercial or marketing purposes;

to any party if it believes that it is required by law or by a court to do so or if Propert88 believes that this is necessary to prevent or lessen any unlawful or harmful actions.

In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right :

of access to and the right to rectify the Personal Info collected; to object to the processing of Personal Info;

to lodge a complaint to the Information Regulator whose details may be obtained from Propert88.

To email support@property88.co.ug to remove any information of the user after services has been completed.

KEEP INFORMED OF UPDATED PERSONAL INFORMATION

You must inform Propert88 and the Finance Provider as soon as reasonably possible and in any event within 10 working days if you change:

your residential address;
your home telephone number;
your mobile telephone number;
your email address; or
your bank account details or your Debit Card Details.

CONFIDENTIALITY

Each Client and User undertakes to:

keep confidential all information, whether written or oral, concerning the business and affairs of Propert88 and of each other whether obtained from that party or any third party (“the Information”);

not disclose the Information to any person other than its employees, agents and/or consultants involved in the implementation of this agreement, without that party’s prior written consent;

use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and

39.1.4. keep confidential the terms and conditions of this agreement.
39.2. The provisions of this clause do not apply to any Information which is:

  1. 39.2.1.  independently developed by the recipient;
  2. 39.2.2.  publicly available without breach of this agreement; or
  3. 39.2.3.  released for disclosure by the disclosing party with its written consent.
  1. BREACH AND FAIR USE POLICY
  1. 40.1.  In order to protect users of our services and the Propert88’s website we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and in that event we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach.
  2. 40.2.  Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
  1. MISCELLANEOUS
  1. 41.1.  You may not assign, cede or otherwise transfer any of your rights under these Terms and Conditions.
  2. 41.2.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
  3. 41.3.  If you breach these Terms and Conditions and Propert88 ignores this, Propert88 will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
  4. 41.4.  Propert88 shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
  1. WHOLE AGREEMENT

42.1. This agreement constitutes the whole of the agreement between you and Propert88 in regard to the subject matter thereof, there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which you are relying in concluding this agreement.

  1. UGANDAN LAW
  1. 43.1.  These terms and conditions will be interpreted and used in conjunction with the laws of the Republic of Uganda, and your use of Propert88 will reflect your approval and compliance to the jurisdiction of Ugandan courts.
  2. 43.2.  The latter will be true regarding all applications, transactions and proceedings as well as the misuse or any violation of these Terms and Conditions.
  1. JURISDICTION

44.1. The parties irrevocably submit to the non-exclusive jurisdiction of the Uganda Magistrate’s Court, in respect of any action or proceeding arising from this agreement

Schedule 2: Packages and Service Fees

Propert88 offers three property sales Packages: Essential, Classic and Premium, the Services included in these Packages are described on the Website. The Fees for the Packages are detailed below:

Agent Photographer Fee

Included in listing fee

Service Cancellation Fee

Should the Seller/ Purchaser cancel the Finance Agreement with the Finance Provider, then charges for all of the services which have been provided to the Seller will be immediately due and payable to the Financial Provider and/or

Determined by the Financial Provider

Conveyancer.

Panel Cancellation Fee

Should the Seller choose cancel their instruction with the Propert88 introduced conveyancer prior to completion a Panel Cancellation Fee will immediately be due and payable on request.

For the avoidance of doubt, no Panel Cancellation Fee will be charged to you in the event that the Panel conveyancer does not, for any reason whatsoever, accept your instruction.

Determined by the Panel of conveyancer appointed

 

Compare listings

Compare