TERMS & CONDITIONS

1. Introduction

Welcome to the StayMelville website. If you wish to make use of this website, you must agree to the following terms and conditions of use. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, please do not use this website.

2. License to use website

Melville Place Development Company (Pty) Ltd, unless otherwise stated, owns the intellectual property rights to this website and all material on this website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

 

3. Acceptable use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Invitation Homes’ express written consent.

You may not use this website to transmit or send unsolicited commercial communications.

You may not use this website for any purposes related to marketing without the express written consent of Melville Place Development Company (Pty) Ltd.

4. No warranties

This website is provided “as is” without any representations or warranties, express or implied. Melville Place Development Company (Pty) Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Melville Place Development Company (Pty) Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, investment or property-related matter you should consult an appropriate professional.

5. Limitations of liability

Melville Place Development Company (Pty) Ltd will not be liable to you (whether under the law of contract or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Melville Place Development Company (Pty) Ltd has been expressly advised of the potential loss.

6. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Melville Place Development Company (Pty) Ltd in respect of any:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation on the part of Melville Place Development Company (Pty) Ltd;
  • matter which it would be illegal or unlawful for Melville Place Development Company (Pty) Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

7. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, please do not use this website.

8. Other parties

You accept that, as a limited liability entity, Melville Place Development Company (Pty) Ltd has an interest in limiting the personal liability of its directors and employees. You agree that you will not bring any claim personally against the directors or employees of Melville Place Development Company (Pty) Ltd in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the directors, employees, agents, subsidiaries, successors, assigns and sub-contractors of Melville Place Development Company (Pty) Ltd, as well as Melville Place Development Company (Pty) Ltd itself.

9. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

10. Indemnity

You hereby indemnify Melville Place Development Company (Pty) Ltd and undertake to keep Melville Place Development Company (Pty) Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Melville Place Development Company (Pty) Ltd to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Melville Place Development Company (Pty) Ltd arising out of any breach by you of any provision of these terms and conditions.

11. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, Melville Place Development Company (Pty) Ltd may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

12. Variation

Melville Place Development Company (Pty) Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

13. Assignment

Melville Place Development Company (Pty) Ltd may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

14. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.