INKAROO PROPERTY LISTING SUBMISSION TERMS & CONDITIONS

Welcome to InKaroo. By submitting a property listing for publication on our website, you (the “Advertiser” or “Client”) agree to be bound by these Submission Terms and Conditions. Please read them carefully before uploading any content.

1. Compliance with the Property Practitioners Act (Act 22 of 2019)

If you are listing a property in your capacity as a professional Property Practitioner (estate agent, letting agent, property developer, or broker) as defined under South African law, you expressly warrant and agree that:

Fidelity Fund Certificate (FFC): You hold a valid, current Fidelity Fund Certificate issued by the Property Practitioners Regulatory Authority (PPRA). You must provide your FFC number upon registration or request.
Mandatory Disclosure Form: In accordance with Section 67 of the Act, you warrant that you are in possession of a fully completed and signed Immovable Property Condition Disclosure Form from the property owner/seller. You agree not to accept or upload any mandate without this document.
Mandatory Disclosures on Marketing Material: You acknowledge that you are legally required to prominently display the statutory wording confirming that you hold a valid FFC on all your digital marketing and listing materials generated through our platform.

2. Accuracy of Information & Consumer Protection (CPA 68 of 2008)

In line with the Consumer Protection Act, all listings must be honest, accurate, and fair.

No Misleading Content: You warrant that all descriptions, pricing, square footage, amenities, and photographs are true, accurate, and up-to-date. Misleading representation of properties is strictly prohibited.
Right to List: You warrant that you have obtained a lawful mandate or explicit permission from the registered property owner(s) to market and advertise the property on InKaroo.
Pricing: All prices displayed must be transparent. If the price excludes VAT, transfer duties, or specific levies, this must be explicitly stated in the listing description.

3. Data Protection and Privacy (POPIA Act 4 of 2013)

By submitting a listing, you become a joint Responsible Party alongside InKaroo regarding any personal information processed via the platform.

Consent: You warrant that you have obtained the necessary legal consent from the property owner to publish their property details, location data, and (where applicable) images that may identify their personal living space.
Lead Processing: Any personal information or leads (names, email addresses, phone numbers) you receive from users or prospective buyers/tenants through InKaroo must be processed strictly in accordance with POPIA. You may not use this information for unsolicited direct marketing without an explicit opt-in from the user.
Prohibited Data: Do not include sensitive personal info (such as the seller’s personal ID number or direct personal contact details) in the public-facing description text or listing images.

4. Intellectial Property & Content Guidelines

License to InKaroo: By uploading text, logos, blueprints, and photographs, you grant InKaroo a non-exclusive, royalty-free, perpetual license to display, host, and optimize the content on our website and affiliated marketing channels.
Copyright Warranties: You warrant that you own the copyright or hold a valid license for all media uploaded. You may not use watermarked images from other platforms or agencies without explicit written permission.

5. Indemnity & Limitation of Liability

Listing Platform Only: InKaroo acts solely as an online advertising platform and directory. We are not property practitioners, we do not act as agents, and we do not participate in negotiations or property transactions.
Indemnity: The Advertiser hereby indemnifies InKaroo, its directors, owners and employees against any legal claims, losses, damages, or regulatory fines (including those issued by the PPRA or Information Regulator) arising from inaccurate listings, missing documentation, or breaches of South African law by the Advertiser.
Right of Removal: InKaroo reserves the right to suspend, edit, or permanently remove any listing that violates these terms, receives public complaints, or fails to comply with statutory legal requirements, without any liability for refunds or compensation.

6. Governing Law

These Terms and Conditions are governed exclusively by and construed in accordance with the laws of the Republic of South Africa.