Terms & Conditions

TERMS AND CONDITIONS

 

All references to “us”, “we”, “our” and “Starck Homes” shall refer to the trustees of the George Henry and Annie Starck Trust (MT4165/1958) and the trustees of the G H S Trust (IT722/2005), both being trusts duly registered with the Master of the High Court, Western Cape Division, together with the Starckwood Management Association.
All referenced to “you”, “your” or “User” shall be deemed to refer to any user/ and or visitor of https://www.starckhomes.co.za/ and any other related URLs, social media channels and/or any ancillary services (“Website”).

1 ACCEPTANCE OF THE TERMS
Starck Homes permits the use of the Website subject to these terms and conditions (“Terms and Conditions”). By accessing or using this Website, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use the Website if you do not agree to the Terms and Conditions.

2 USE OF THE WEBSITE
2.1 We operate within the retirement village sector and develop and provide retirement accommodation within the Western Cape. All properties mentioned or which feature on this website and the scope of services and other details such as process and specifications are strictly subject to availability. You understand and agree that the information and content set out on the Website may change from time to time without notice and is not intended to constitute a contract. Nothing on this website will be deemed to constitute an offer to contract.
2.2 The Website may therefore not always contain the correct or most up-to-date information, details and descriptions. You are advised to take appropriate steps to verify any information and contact us on 021 948-1844 before using or relying on the information on the Website.

3 OWNERSHIP AND INTELLECTUAL PROPERTY
3.1 All Intellectual Property rights are reserved. No part of this publication may be reproduced in any form whatsoever (which for the avoidance of doubt shall include photocopying or storing it in any medium by electronic means), save in respect of normal Internet site visits for personal use. Application for the copyright owner’s written permission to reproduce any part of this publication should be addressed to The Marketing Department at Starck Homes. No liability is accepted for the content of any website operated by a third party which holds information on Audley’s products and services.
3.2 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, images, trade names, appearance and graphics.
3.3 It is expressly forbidden to create a link to this website without obtaining prior express written consent from The Marketing Department of Starck Homes.

4 DISCLAIMERS
4.1 Any person who accesses the Website or relies on the Website or on the information contained in the Website does so at their own risk.
4.2 While Starck Homes takes reasonable measures to ensure that the contents of the Website are accurate and complete, Starck Homes makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
4.3 All information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
4.4 Starck Homes does not accept any responsibility for any errors or omissions on the Website.
4.5 We shall not be liable for any damages to or viruses that may infect your computer equipment, software, data or other property as a result of your access to, use of or browsing of this website or your downloading of any materials, data, text or images.
4.6 We do not warrant that the Website will be compatible with the device you use to access the Website.
4.7 We do not warrant the quality or suitability of any goods or services offered by any third-party providers that are in any way linked or associated with the Website.
4.8 The services are subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data.

5 THIRD PARTY WEBSITES
5.1 The Website may contain links or references to other websites or mobile applications (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Starck Homes is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
5.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

6 PRIVACY POLICY
6.1 We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.
6.2 By continuing to use the Website you agree to the Terms and Conditions and our Privacy Policy at https://www.starckhomes.co.za/ and you consent to us processing your Personal Information as set out in the Privacy Policy. If you do not agree with the Privacy Policy and the Terms and Conditions, please do not continue to use the Website.
6.3 You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle Starck Homes, inter alia, to terminate your use of the Website.

7 LIMITATION OF LIABILITY
7.1 As far as the law allows, Starck Homes shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Website and/or any linked third party website, unless such loss or damages arise due to the gross negligence of Starck Homes.
7.2 To the extent permissible, you hereby indemnify Starck Homes against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked third party website.

8 CHANGES
Starck Homes reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

9 AVAILABILITY AND TERMINATION
9.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
9.2 Starck Homes may in its sole discretion terminate, suspend and modify the Website, with or without notice to you. You agree that Starck Homes will not be liable to you in the event that it chooses to suspend, modify or terminate the Website.

10 GOVERNING LAW
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

11 GENERAL
11.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
11.2 Any failure on the part of you or Starck Homes to enforce any right in terms hereof shall not constitute a waiver of that right.
11.3 If any term or condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.
11.4 No indulgence, extension of time, relaxation or latitude which any party (the “Grantor”) may show grant or allow to the other (the “Grantee”) shall constitute a waiver by the Grantor of any of the Grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the Grantee which may have arisen in the past or which might arise in the future.
11.5 These Terms and Conditions together with the Privacy Policy, any license agreement between you and us contain the whole agreement between you and Starck Homes relating to the subject matter hereof and no other warranty or undertaking is valid.
11.6 For all legal correspondence, our is Frans Conradie Drive Bellville 7530 for all purposes of communication under these Terms and Conditions.
11.7 Should you wish to contact us please email us at sbastiaanse@starckhomes.co.za.