Terms and Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE FILING OF AUDIT REPORTS ON LINE ON OUR WEBSITE OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002.
“MyPPRA Auditors Portal website" means the Property Practitioners Regulatory Authority MyPPRA Auditors Portal website located at http://www.theppra.org.za/myaudit and includes any part or element thereof.
“Property practitioner” has the same meaning assigned to it in the Property Practitioners Act 22 of 2019.
“Board” has the same meaning assigned to it in section 1 of the Estate Agency Affairs Act 112 of 1976.
“Audit” has the same meaning assigned to it in section 1 of the Audit Profession Act 26 of 2005, as amended.
"Registered Auditor" has the same meaning assigned to it in section 1 of the Auditing Profession Act 26 of 2005, as amended.
"Online submission services" means the electronic services provided by PPRA to auditors in respect of the submission of audit reports on MyPPRA Auditors Portal and the provision of ancillary services associated with audit reports.
"Terms and Conditions" means these PPRA Terms and Conditions.
"User" means any person who enters or uses the MyPPRA Auditors Portal website and includes an Auditor, notwithstanding the fact that such a person only visited the home page of the MyPPRA Auditors Portal website.
An expression which denotes:
any gender includes the other genders;
a natural person includes a juristic person and vice versa;
the singular includes the plural and vice versa.
1The PPRA website through MyPPRA portal provides auditors and Users with access to and use of online submission of audit reports.
ALLOWED USE AND LICENSE
2.1 The PPRA hereby grants the User the right to view, download and print the content of the MyPPRA Auditors Portal website for the purposes of accessing and using the on line submission of audit report services, provided that such content is only used by the User for personal, educational or non-commercial purposes. No further reproduction or any form of distribution of the content on the MyPPRA Auditors Portal website is allowed;
2.2 Content from the MyPPRA Auditors Portal shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of PPRA;
2.3 Users may only access and use the MyPPRA Auditors Portal for legal purposes;
2.4 The caching of the content on the MyPPRA Auditors Portal website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the MyPPRA Auditors Portal website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by PPRA.
2.5 If any User uses content from the MyPPRA Auditors Portal website in breach of the provisions detailed herein, PPRA reserves the right to take whatever action PPRA deems necessary to protect its proprietary and other interests in and to the content on the MyPPRA Auditors Portal website;
2.6 The PPRA shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of the content on the MyPPRA Auditors Portal website by the User or by any third party who obtains such content from the User;
2.7 Hyperlinks to the MyPPRA Auditors Portal website from any other source shall be directed only at the home page of the MyPPRA Auditors Portal website. PPRA shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of the content on the MyPPRA Auditors Portal website, if such content was accessed through a hyperlink not directed at the home page of the MyPPRA Auditors Portal website;
2.8 Users may quote from small and reasonable amounts of the content available on the MyPPRA Auditors Portal website only if such content is correctly quoted, is placed in inverted commas and is attributed to PPRA;
2.9 No person may frame the MyPPRA Auditors Portal website, in any manner whatsoever, without the prior written consent of PPRA;
2.10 Apart from the use of bona fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content on the MyPPRA Auditors Portal website for any purposes, without the prior written consent of PPRA.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 The User agrees not to do anything that may infringe PPRA intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material and shall comply with all laws applicable to any intellectual property rights (including without limitation trade secrets, copyright, trademarks, registered designs, and patents) in respect of any data, files and/or information accessed, retrieved or stored by the User through the User's use of the MyPPRA Auditors Portal services;
3.2 The User warrants that it will not use the PPRA website in any way that will infringe any person's intellectual property rights, and that it recognizes and uses any content in accordance with intellectual property rights. The User is prohibited from using the trademarks, logos, brand names, domain names or other marks of the PPRA.
4. SOFTWARE AND EQUIPMENT
4.1 It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, telecommunications lines and access accounts to access the Internet and the MyPPRA Auditors Portal website and/or download content from the MyPPRA Auditors Portal website.
5. PPRA DISCLOSURES
The following information is disclosed by PPRA in the interests of facilitating and enhancing the User's access to and use of the MyPPRA Auditors Portal services:
5.1 The full name and legal status of the website owner: Property Practitioners Regulatory Authority (PPRA);
5.2 Street address: 63 Wierda Road East, Wierda Valley, Sandton, Johannesburg, 2196;
5.3 Postal address: Private Bag X10, Benmore, 2010;
5.4 Physical address for the receipt of legal documents: 63 Wierda Road East, Wierda Valley, Sandton, Johannesburg, 2196;
6. CHANGES AND AMENDMENTS
6.1 The PPRA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice to the User:
change these Terms and Conditions;
change the content and/or services available from the MyPPRA Auditors Portal website;
discontinue any aspect of the MyPPRA Auditors Portal website; and/or
change the software and hardware required to access and use the MyPPRA Auditors Portal website.
6.2 Any new version of the Terms and Conditions will be displayed on the MyPPRA Auditors Portal website together with the date on which the new version of the Terms and Conditions will become or became effective. It is the Users obligation to visit the MyPPRA Auditors Portal website on a regular basis in order to determine whether any amendments have been made to the Terms and Conditions. By accessing the MyPPRA Auditors Portal website, the User will be bound by the latest version of the Terms and Conditions, as published on the MyPPRA Auditors Portal website.
7.1 PPRA shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause; "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000;
7.2 PPRA may electronically collect, collate, store and use the following personal information of Users;
name and surname;
contact number and address;
non-personal browsing habits and click patterns;
User name and selected password
7.3 The PPRA collects, stores and uses the abovementioned information for the following purposes;
Communicating with the User
Providing the User with access to restricted pages on this website; and
Compiling non-personal statistical information about browsing habits, click-patterns and access to the MyPPRA Auditors Portal website for purposes of service enhancement.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
7.5 The PPRA shall not disclose personal information from Users unless the User consents thereto;
7.6 The PPRA shall disclose information without the User's consent only through due legal process;
7.7 The PPRA may compile, use and share any information that does not relate to any specific individual;
7.8 The PPRA owns and retains all rights to non-personal statistical information collected and compiled by PPRA.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 The MyPPRA Auditors Portal website may contain links to third party websites with information or material produced by other parties. PPRA does not control these linked sites and is not responsible for any content, updates, links or changes to these linked sites;
8.2 Notwithstanding the fact that hyperlinks in these Terms and Conditions to copyright notices and legislation are deemed to be part of these Terms and Conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these Terms and Conditions.
9.1 The PPRA shall use all reasonable endeavours to secure the content of the MyPPRA Auditors Portal website and the information provided by and collected from Users from unauthorised access and/or disclosure;
9.2 Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code, such as computer viruses, to the MyPPRA Auditors Portal website or the server and computer network that support the MyPPRA Auditors Portal website;
9.3 Notwithstanding criminal prosecution, any person who delivers any damaging code to the MyPPRA Auditors Portal website, whether intentionally or negligently, shall, without any limitation, indemnify and hold PPRA harmless against any and all liability, damages and losses which PPRA and/or any third party may suffer as a result of such damaging code;
9.4 Users may not develop, distribute or use any device to breach or overcome the security system on the MyPPRA Auditors Portal website and PPRA reserves the right to take whatever action PPRA deems necessary to preserve the security and reliable operation of the MyPPRA Auditors Portal website or the server and computer network that support the MyPPRA Auditors Portal website, including without limitation the right to claim damages from any and all persons responsible for such security failure or breach;
9.5 Users may not interfere with data or services in a manner which causes such data or services to be modified, destroyed or otherwise rendered ineffective (e.g. denial of service attacks);
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by PPRA.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 To the extent permitted by law, PPRA (including its employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by person and resulting from:
access to the MyPPRA Auditors website;
access to websites linked to the MyPPRA Auditors Portal website;
inability to access the MyPPRA Auditors Portal website;
inability to access websites linked to the MyPPRA Auditors Portal website;
e.content available on the MyPPRA Auditors Portal website;
f. services available from the MyPPRA Auditors Portal website; and
downloads and use of content from the MyPPRA Auditors Portal website.
10.2 The MyPPRA Auditors Portal website and its content are supplied without any warranty or guarantee and have not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with PPRA, that the content available from and through the MyPPRA Auditors Portal website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
10.3 Information, ideas and opinions expressed on the MyPPRA Auditors Portal website do not constitute the professional advice or the official opinion of PPRA. Users are encouraged to obtain their own professional advice before taking any course of action related to the information, ideas or opinions expressed on the MyPPRA Auditors Portal website;
10.4 The PPRA does not make any warranties or representation that the content and services available from the MyPPRA Auditors Portal website will in all cases be true, correct or free from any errors. PPRA shall take all reasonable steps to ensure the quality and accuracy of the content available on the MyPPRA Auditors Portal website;
10.5 The PPRA makes no representations, warranties or guarantees that the MyPPRA Auditors Portal website shall be accessible at all times. Users acknowledge that the PPRA website may be inaccessible due to maintenance activities or due to circumstances beyond the reasonable control of PPRA, including, but not limited to virus infection, unauthorised access (hacking), power failure or other instances of force majeure beyond PPRA's reasonable control.
11. REMOVAL AND CORRECTION OF CONTENT
11.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the MyPPRA Auditors Portal website to PPRA and PPRA undertakes to correct and/or remove such content or any part thereof where PPRA determines within its sole discretion that such content is untrue, inaccurate, defamatory, illegal, infringing and/or harmful .
12. INTERCEPTION OF COMMUNICATIONS
12.1 The User acknowledges that PPRA and/or a third party network operator may under the circumstances prescribed in the Regulation of Interception of Communications Act 70 of 2002 ("RICA"), be required to intercept, block, filter, read, delete, edit, disclose and use communications sent or posted by the User via any third party network operator to the MyPPRA Auditors Portal website.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These Terms and Conditions are binding and enforceable against all Users that access MyPPRA Auditors Portal website or make use of the MyPPRA Auditors Portal website or any part thereof. Subject to the provisions of the Content Use License, these terms and conditions constitute the whole of the agreement between PPRA and the User relating to the subject matter hereof. PPRA shall not be bound by any representation, warranty, promise or the like that is not recorded herein unless it has been expressly agreed to by PPRA and reduced to writing. No representation, term, warranty, or express or implied condition shall be considered to be or to have been made or agreed or implied by reference to any other writing, advertisement or conversation and these Terms and Conditions shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by PPRA from the User;
13.2 Any indulgence which PPRA may grant to the User shall not constitute a waiver of any of PPRA' rights, and PPRA shall not thereby be precluded from exercising any right;
13.3 Any provision or clause of these Terms and Conditions which is or becomes invalid, illegal or unenforceable for any other reason whatsoever shall, only to the extent that such provision or clause is invalid, unlawful or unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.
14. AGREEMENT IN TERMS OF THE ECT ACT
The User and PPRA agree that:
14.1 The User shall be bound by these terms and conditions and the agreement is concluded in Johannesburg, Sandton (South Africa) at the time the User enters the MyPPRA Auditors Portal website for the first time or immediately after the User has indicated his or her consent as required in the Content Usage Agreement;
14.2 Data messages (as defined in the ECT Act) addressed by the User to PPRA shall only be deemed to have been received by PPRA if and when PPRA responds to and/or acknowledges receipt of such data message;
14.3 Data messages (as defined in the ECT Act) addressed to the User by PPRA shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 Data messages (as defined in the ECT Act) addressed by the User to PPRA shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 All electronic communications between the User and PPRA are valid and legally binding regardless of whether security mechanisms are applied or not (e.g. electronic signatures and encryption);
14.6 The User agrees and warrants that data messages that are sent to PPRA from any computer, IP address or mobile device normally are sent and/or authorised by the User personally.
15. APPLICABLE LAW
These Terms and Conditions, including all transactions concluded on the MyPPRA Auditors Portal website, and all matters arising therefrom or in connection therewith are governed by and interpreted in accordance with the laws of the Republic of South Africa.
16. LEGAL COSTS
16.1 PPRA shall not be liable for any costs incurred by Users in obtaining professional advice relating to these Terms and Conditions.
CONDITIONS OF USE OF THE MYPPRA AUDITORS PORTALSERVICE
17.1 AUDITORS SUBMITTING AUDIT REPORTS
17.2 If the auditor registers on the MyPPRA Auditors Portal, then the auditor warrants to and in favour of PPRA that the auditor has been appointed in writing by the estate agency firm, which letter of appointment must be provided to PPRA and at a minimum provide that:
the auditor accepts the appointment as auditor of the estate agency firm;
the estate agent will be liable to PPRA for the due and timeous fulfilment of all the legislated obligations towards PPRA;
the auditor shall forthwith after completing such audit, transmit to the Board a report in the form from time to time determined by the board, in regard to his findings and a copy thereof to the relevant estate agent.
17.3 By submitting any information to PPRA by means of the MyPPRA Auditors Portal service, the auditor confirms that, to the best of his/her knowledge, such information has been provided by the estate agent to the auditor, is correct and complete and that all income and information relevant thereto provided by the estate agent to the auditor, is disclosed to PPRA.
USER NAME AND PASSWORD
18.1 On acceptance by PPRA of an auditor’s registration on the MyPPRA Auditors Portal, the auditor will be supplied with a user name and an initial password by such means and in such format as PPRA may determine from time to time.
18.2 Unless otherwise specified the auditor must change the initial password to a unique password of choice when the PPRA services are accessed for the first time.
18.3 The auditor undertakes in favour of PPRA to ensure that the user name and password are at all times kept secure and confidential by the auditor. Storing the username and/or password on a computer or network will be regarded as prima facie negligence on the part of the auditor.
18.4 The auditor undertakes to report any compromise or unauthorised disclosure of the user name and/or password to PPRA, without delay, via PPRA support desk and to provide PPRA with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of the auditor aforesaid notification, PPRA reserves the right to deactivate the auditor user name and/or password without further notice.
18.5 PPRA may at its sole discretion and for whatever reason require an auditor to change the auditor user name and/or password from time to time and the auditor undertakes to unconditionally and immediately comply with such a request from PPRA.
19. DUTIES OF PPRA
19.1 The MyPPRA Auditors Portal service provides facilities to the auditor to electronically submit audit reports of estate agency firms and provide on-line inquiry facilities to view such submitted audit reports.
19.2 The MyPPRA Auditors Portal service will forward the audit report or any related document or data message as completed by the auditor upon the auditor’s request to do so, to PPRA’s relevant system, and confirm within a reasonable time to the auditor whether such documents have been accepted and processed by PPRA.
20. RETENTION OF TRANSACTION INFORMATION
20.1 The PPRA will retain transaction information for on-line inquiries for a period of 12 (twelve) months after termination of this agreement and for an additional 5 (five) years from the date on which a transaction was performed in an off-line environment.
21. UNAVAILABILITY OF MYPPRA AUDITORS PORTAL SERVICES
21.1 The PPRA shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the MyPPRA Auditors Portal services without any prior notification to the User. PPRA shall be under no obligation whatsoever to provide any reason for such termination or suspension.
21.2 The User acknowledges and accepts that the MyPPRA Auditors Portal service may become unavailable from time-to-time due to various circumstances, including:
Technical failures or problems with the PPRA website or with the server and computer network that support the PPRA website.
Infrastructure: technical problems with third party information technology systems.
Unavailability of telecommunications or electricity services.
Other circumstances beyond the control of PPRA.
21.3 Without derogating from the provisions of this clause, the User undertakes to limit his or her potential losses caused by any unavailability of the MyPPRA Auditors Portal service by sending an email to firstname.lastname@example.org.