Last Updated: December 2024

1. Acceptance of Terms

By accessing and using the Word of Mouth platform, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, you should not use this platform.

2. Description of Service

Word of Mouth provides a platform that connects property lead generators and casual referrers with licensed estate agents and service providers. The platform facilitates the referral of property buyers, sellers, and landlords.

3. User Registration and Accounts

To use certain features of the platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

4. User Roles and Responsibilities

4.1 Casual Referrers

• May refer property leads at no cost
• Earn R1,000 per successful property transfer
• Must ensure leads are legitimate and accurate
• Cannot claim leads already registered in the system

4.2 Lead Generators

• Must subscribe to a paid package
• Earn referral fees based on package tier (15-50%)
• Must actively generate and submit property leads
• Responsible for verifying lead information before submission
• Cannot submit duplicate or fraudulent leads

4.3 Service Providers

• Must be licensed estate agents or registered agencies
• Must hold valid FFC (Fidelity Fund Certificate)
• Must have professional indemnity insurance
• Pay referral fees only on successfully transferred properties
• Must report deal status accurately and promptly

5. Referral Fees and Payments

Referral fees are payable only upon successful property transfer. The fee structure is as follows:

• Casual Referrers: Fixed R1,000 per successful transfer
• Lead Generators: 15-50% of service provider's commission (based on package tier)
• Payments are processed within 30 days of transfer completion
• All fees exclude VAT unless otherwise stated
• Word of Mouth reserves the right to adjust fee structures with 30 days notice

6. Lead Protection and Ownership

• Leads are timestamped and locked to the first submitter
• Duplicate submissions will be rejected
• Leads remain active for 12 months from submission
• Referrers maintain rights to their submitted leads
• Word of Mouth acts as intermediary and does not claim lead ownership

7. Subscription and Cancellation

• Lead Generator subscriptions are billed monthly
• Cancellations must be submitted 7 days before next billing cycle
• No refunds for partial months
• Active leads remain valid after cancellation
• Earned commissions will be paid regardless of subscription status

8. Prohibited Conduct

You agree not to:

• Submit false, misleading, or fraudulent information
• Impersonate another person or entity
• Attempt to circumvent the platform to avoid fees
• Harass, threaten, or abuse other users
• Use automated systems to scrape or collect data
• Violate any applicable laws or regulations
• Interfere with the platform's operation or security

9. Intellectual Property

All content on the Word of Mouth platform, including text, graphics, logos, and software, is the property of Word of Mouth or its licensors and is protected by South African and international intellectual property laws.

10. Disclaimer of Warranties

The platform is provided "as is" and "as available" without warranties of any kind. Word of Mouth does not guarantee:

• The accuracy of user-submitted information
• That leads will result in successful property transfers
• Uninterrupted or error-free operation
• The conduct or performance of other users

11. Limitation of Liability

Word of Mouth shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold Word of Mouth harmless from any claims, losses, damages, liabilities, and expenses arising from your use of the platform or violation of these terms.

13. Dispute Resolution

Any disputes arising from these terms shall be resolved through:

• Good faith negotiation between parties
• Mediation if negotiation fails
• Arbitration in accordance with South African law

14. Governing Law

These terms are governed by the laws of the Republic of South Africa. Any legal action must be brought in the appropriate courts of South Africa.

15. Changes to Terms

Word of Mouth reserves the right to modify these terms at any time. Users will be notified of significant changes via email. Continued use of the platform after changes constitutes acceptance of the modified terms.

16. Termination

Word of Mouth may terminate or suspend your account and access to the platform at any time, without prior notice, for conduct that violates these terms or is harmful to other users or the business.

17. Contact Information

For questions about these Terms & Conditions, please contact us:

• Email: services@wordofmouth.co.za
• Phone: 021 014 1068
• WhatsApp: +27 75 446 6282