Terms and conditions



    1. This page sets out the terms and conditions (“Terms”) of Orbit Data (Pty) Ltd (registration number: 2019/622815/07) (“ORBIT”) pertaining to the access and use of the information, products, services and functions provided on www.orbitdata.co.za (“Website”).
    2. In these Terms, a reference to “us”, “we”, “our” and cognate expressions should be construed as a reference to ORBIT.
    3. Please read these Terms carefully and ensure that you understand them before using the Website and/or using our services.
    4. Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
    5. ORBIT reserves the right in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by ORBIT from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
    6. In order to use the Website you must be over 18 years of age.
    7. If there is anything in these Terms that you do not understand then please contact us as soon as possible at legal@orbitproperty.co.za.


    1. ORBIT is an online real-estate metasearch platform that provides tools to facilitate the exchange of service and information. We provide a general-purpose search engine for real estate data – including information about properties advertised online for sale or rent.
    2. ORBIT adheres to strict principles in providing its services relating to the operation of search engines –
      1. in our aggregated search results the source of the posting is always displayed, so end users will visit the source for further information about the posting which ultimately benefits the original poster;
      2. we only display content which is publicly available and strictly follow robot.txt search engine restrictions.
      3. we store only factual technical data and at no time will we store images or individual description texts of the postings which may violate copyright laws in any given jurisdiction.
    3. We stand that access to exchange-related data should be as open and transparent as possible and that such transparency creates enormous possibilities in the exchange space by increasing efficiencies and democratising opportunities.
    4. If you are of the view that ORBIT is sharing data in a way which infringes any copyright or any other law, please contact us (contact details in clause 16 below) for us to engage with you.


    1. ORBIT reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
    2. ORBIT may restrict access to all or parts of the Website and will not be liable to you if, for any reasons, the Website is unavailable at any time.
    3. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
    4. You must not use the Website –
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
    5. ORBIT reserves the right to change and amend the products, prices and rates quoted on the Website from time to time without notice.
    6. ORBIT may use the services of third parties to provide information on the Website. ORBIT has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that ORBIT and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, however these may arise.
    7. ORBIT makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
      1. ORBIT does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. ORBIT expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
      2. whilst ORBIT has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
      3. ORBIT disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which ORBIT receives it and statements from external parties are accepted as fact.


    1. ORBIT may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and ORBIT does not endorse, nor does the inclusion of any link imply ORBIT’s endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
    2. While ORBIT tries to provide links only to reputable websites or online partners, ORBIT cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of ORBIT. ORBIT is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
    3. You agree that ORBIT shall not be held liable, directly or indirectly, in any way for the content, use or inability to use or access any linked website or link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealing with, or as the result of the presence of such third party linked websites on the Website. Any dealing that you may have with any linked websites found on the Website are solely between you and the third-party website.
    1. ORBIT does not seek to act as a real estate agent or professional. If you seek advice on real estate matters, we strongly advise you to consult with a licensed real estate agent or professional. ORBIT does not perform any services apart from the exchange-related data for its users, including but not limited to real estate brokerage, legal, financial or accounting services.
    2. As provided in 4 above, ORBIT does not assume any liability or responsibility for the services of third parties or any of their agents and representatives.
    3. You understand and agree that ORBIT has not entered into any form of fiduciary or brokerage relationship with you solely by your use of the Website or your accessing of the materials available on the Website.
    1. ORBIT collects and indexes listings and factual listing information which is publicly available on the Internet. We do not intend to index websites whose authors do not want their materials listed in our search results.
    2. If an author or publisher does not want their listings in our search results, then shall remove that portion of the search results and previously gather information without notice (in accordance with the Digital Millennium Copyright Act). ORBIT does not intend to offer access to websites whose authors do not want their materials listed in our search results.
    3. We respect the principles and regulations established by general search engines and we display only publicly available content and follow robot.txt search engine restrictions.
    4. Where authors and publishers wish for their documents and postings not to be included in search results (by tagging a file for “robot exclusion”), we intend to respect their wishes. Please do keep in mind that this may result in loss of traffic to your website.
    5. Robots.txt can be used to block access to the whole domain or any file or directory within the domain. There is a large number of resources for website hosts and owners describing this method and how to use it. For more information on this please visit http://www.robotstxt.org.
    6. To remove your website from ORBIT, place a robots.txt file at the top level of your website which will –
      1. remove postings from your domain from the ORBIT search results;
      2. till tell us not to crawl your site in the future; and
      3. tell us do delete any previously gathered information.
    7. ORBIT does not collect or index listings from websites that require a shrink-wrap, click-wrap and browse-wrap license agreement covering the access and use of materials.


    1. It is our policy to respond to notices of alleged copyright infringement that complies with applicable international intellectual property law and to terminate the accounts of repeat infringers. However, and as a first measure, we advise you to keep in mind the content in clause 6 above as is common practice with any other search engine.
    2. If you believe that your content has been copied in a way that constitutes a copyright infringement, please provide us with a notice containing the following information:
      1. a signature (physical or electronic) of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;
      2. identification of the copyrighted work claimed to have been infringed;
      3. identification of the material that is claimed to be infringing or to the subject of infringing activity and that is to be removed or access to which is to be disabled;
      4. information reasonably sufficient to enable us to contact you, such as your name, physical address, email address and telephone number;
      5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
      6. a statement that the information in the notice is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
    3. We reserve the right to remove any content which is alleged to be infringing a copyright without prior notice and at our sole discretion.
    4. For information on legal and copyright matters, you can reach us at legal@orbitproperty.co.za.


    1. Your access to the Website is licensed and not sold. Subject to your compliance with the Terms, ORBIT agrees to provide you with a personal, revocable, non-transferable and non-exclusive license to access and use the Website and our services.
    2. All content that we make available to view and/or download from the Website is owned by and is the copyrighted work of ORBIT and/or our suppliers and is licensed, not sold.
    3. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website and to block or prevent future access to and use of the Website.
    4. Your use of the Website is done only in terms of the limited license granted to you and you do not possess any other right or license by implication, estoppel or otherwise in or under any patent trademark, copyright, or proprietary right of ORBIT or any third party.
    5. Any unauthorised use of the Website and/or our services will terminate the permission or license granted by these Terms.
    6. Unless otherwise authorized under this Agreement, Customer must not (and will not allow any third party to):
      1. sell, rent, lease, license, sublicense, distribute, pledge, assign or otherwise transfer, in whole or in part the Services or any interest in them to another party;
      2. install or use the Platform in a manner that circumvents or interferes with the operation of the technological measure that controls the access to the Service;
      3. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Platform, or any software, documentation or data related to the Service;
      4. attempt to copy, parse, crawl, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
      5. access all or any part of the Platform in order to build a product or service which competes with it;
      6. use the Service in any way that is contrary to the terms and conditions of this Agreement;
      7. use the Service for any unlawful purposes.

         The user hereby agrees that it shall not itself, nor through a third party:

  1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  2. decompile, disassemble or reverse engineer any portion of the Website;
  3. write and/or develop any derivative of the Website or any other software program based on the Website;
  4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of ORBIT;
  5. without ORBIT’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
  6. remove any identification, trademark, copyright or other notices from the Website; and/or
  7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.


    1. In order to ensure the security and reliable operation of the services to all ORBIT’s users, ORBIT hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
    2. You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should ORBIT suffer any damage or loss, civil damages shall be claimed by ORBIT against the user.
    3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 [inclusive]) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by ORBIT and its affiliates, agents and/or partners.


    1. For the purpose of this clause, the following words shall have the following meanings assigned to them:
      1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by ORBIT, now or in the future, including without limitation, ORBIT’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, ORBIT and as such are protected from infringement by local and international legislation and treaties.
    3. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
    4. Except with ORBIT’s express written permission, no proprietary material from this Website may be copied or retransmitted.
    5. You may not systematically extract and/or reutilise parts of the Website or its content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Websites (e.g. our prices and product listings) without our prior written consent.
    6. Irrespective of the existence of copyright, the user acknowledges that ORBIT is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
    7. ORBIT authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for the licensed and for information purposes only.


    1. The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
    2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall ORBIT be liable for any loss, harm, or damage suffered by the user as a result thereof. ORBIT reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should ORBIT deem it necessary.
    3. To the extent permissible by law:
      1. Neither ORBIT, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if ORBIT knows or should reasonably have known or is expressly advised thereof.
      2. The liability of ORBIT for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that ORBIT is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of ORBIT. However, in no event shall ORBIT be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
      3. You hereby unconditionally and irrevocably indemnify ORBIT and agree to hold ORBIT free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by ORBIT or instituted against ORBIT as a direct or indirect result of:
        1. your use of the website;
        2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of ORBIT;
        3. your failure to comply with any of the terms or any other requirements which ORBIT may impose from time to time;
        4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
        5. any unavailability of, or interruption in, the service which is beyond the control of ORBIT.
      4. ORBIT makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against ORBIT for any loss suffered by you, as a result of information supplied by ORBIT being incorrect, incomplete or inaccurate.

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