Terms & Conditions

1. Introduction

Welcome to Impahla Properties ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, mobile application, and related services (collectively, the "Platform").

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform. These Terms constitute a legally binding agreement between you and Impahla Properties.

2. Acceptance of Terms

By creating an account, listing a property, browsing properties, or otherwise using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Platform. If you are using the Platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Description of Service

Impahla Properties is an online platform that publishes property listings and connects property buyers, sellers, landlords, tenants, and agents. Our services include:

• Property listing and search functionality
• User account management
• Tools for buyers to enquire about listings (contact requests / leads)
• Premium listing and subscription features (subject to platform fees)
• Market insights and property information

We act as an online listing and lead platform only. We do not directly participate in property sale or rental transactions. We are not a real estate agency, property practitioner acting on behalf of a party to a deal, broker, conveyancer, or financial advisor.

3.1 What Impahla does not do

• No commission on closed deals: We do not charge or collect a commission or success fee on the sale price, rental amount, or closing of any property transaction. Platform fees (if any) are for listing, featured placement, or subscription products only.
• No holding of buyer or seller money: We do not operate a trust account for property transactions, do not hold deposits, purchase price, or rental funds for buyers, sellers, landlords, or tenants, and do not act as an escrow agent for deals.
• No Offer to Purchase drafting or agency of record: We do not draft, negotiate, or sign Offers to Purchase (OTP), lease agreements, or other transaction documents on your behalf, and we do not act as the estate agent or property practitioner of record for any listing. Users arrange viewings, negotiations, and legal formalities directly with one another and their own professionals.

Nothing on the Platform is legal advice. Compliance with the Property Practitioners Act and other laws depends on your circumstances. If you are unsure whether you need to register with the Property Practitioners Regulatory Authority (PPRA) or hold a Fidelity Fund Certificate, consult a qualified lawyer or the PPRA.

4. User Accounts

4.1 Account Registration

To use certain features of our Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Verification

We may require verification of your identity, email address, and phone number.

Agents and agencies: If you create an account or list as a real estate agent or agency (i.e. you market property in a professional capacity for others), you must provide a valid Fidelity Fund Certificate (FFC) registration number. We may verify that FFC before your professional listings are shown publicly. You remain responsible for holding any registration, FFC, or authorisation required by law to practise as a property practitioner.

Private individuals: If you list property that you own (or are otherwise entitled to sell or let) in a personal capacity—not as an agent acting for another—you generally do so as a private seller or landlord. Commentary on the Property Practitioners Act often treats that personal capacity differently from practising as a property practitioner for others. That is general information only and is not legal advice. You must satisfy yourself that your use of the Platform is lawful for your situation.

4.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason we deem necessary to protect the integrity of our Platform.

5. Property Listings

5.1 Listing Requirements

When listing a property, you agree to:

• Provide accurate and complete property information
• Use only genuine, high-quality images of the property
• Disclose all material facts about the property
• Comply with all applicable laws and regulations
• Not list properties you do not have the right to sell or rent

5.2 Premium Listings

Premium listings are subject to a fee. Premium listings receive enhanced visibility and features. Current pricing is available on request. Fees are non-refundable unless required by law.

5.3 Listing Moderation

We reserve the right to review, edit, or remove any listing that violates these Terms, contains false information, or is otherwise inappropriate. We are not obligated to publish or maintain any listing.

5.4 Property Status

You are responsible for keeping your listing status up to date. You must mark properties as "Sold" or "Withdrawn" when appropriate. Failure to do so may result in account suspension.

6. Fees and Payments

Certain features of our Platform may require payment of fees to Impahla for use of the Platform (for example listing products, featured placement, or agent subscriptions). These are platform service fees. They are not estate agent commission on a closed sale or rental, and payment of a platform fee does not make Impahla a party to your property transaction or the holder of transaction funds.

• Listing and premium products: Fees apply as shown at checkout or on our pricing pages.
• All fees are in South African Rand (ZAR)
• Fees are processed securely through third-party payment processors for amounts due to Impahla
• Fees are non-refundable unless required by law or as otherwise stated
• We reserve the right to change our fee structure with reasonable notice

7. Prohibited Activities

You agree not to:

• Post false, misleading, or fraudulent information
• List properties you do not own or have authority to sell/rent
• Use the Platform for any illegal purpose
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Use automated systems to scrape or extract data
• Interfere with or disrupt the Platform's functionality
• Impersonate any person or entity
• Violate any applicable laws or regulations

8. Intellectual Property

The Platform, including its design, text, graphics, logos, and software, is owned by Impahla Properties and protected by copyright and other intellectual property laws.

By listing a property, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your property images and information on our Platform and in marketing materials.

You retain ownership of your property images and information, but you represent that you have the right to grant us this license.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that:

• The Platform will be uninterrupted or error-free
• Property information is accurate or complete
• Transactions will be completed successfully
• The Platform will meet your specific requirements

We are not responsible for the accuracy of property listings, the conduct of users, or the outcome of any property transaction. Users are responsible for verifying all information and conducting their own due diligence.

10. Limitation of Liability

To the maximum extent permitted by law, Impahla Properties shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Property transaction disputes or failures
• Unauthorized access to or use of your account
• Errors or omissions in property listings

Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim, or R1,000, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Impahla Properties, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any rights of another party.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

We may terminate or suspend your account immediately, without prior notice, if you violate these Terms or for any other reason we deem necessary.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.