1. Parties and Acceptance
These Terms and Conditions ("Terms") govern your access to and use of the TapToView platform ("Platform"), operated by TapToView ("we", "us", "our"). By registering an account or using the Platform in any capacity, you ("Agent", "User") agree to be bound by these Terms. If you do not agree, you must not use the Platform.
TapToView is a South African technology platform designed to assist registered estate agents and property professionals in generating QR codes for property listings and capturing buyer leads in a POPIA-compliant manner.
2. Eligibility
You must be at least 18 years of age and a registered or authorised property professional in South Africa to use the agent-facing features of the Platform. By registering, you confirm that the information you provide is accurate, complete, and up to date.
3. Platform Services
TapToView provides the following services to registered agents:
- Generation of unique QR codes linked to property listings
- A mobile-optimised buyer landing page per property
- Lead capture and storage (buyer name, email, mobile number)
- Automated email notifications to agents upon lead capture
- A buyer confirmation email upon form submission
- An agent dashboard to manage listings and view leads
We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time, with reasonable notice where practicable.
4. Agent Responsibilities
As an agent using the Platform, you agree to:
- Use the Platform only for lawful purposes and in compliance with all applicable South African law, including the Estate Agency Affairs Act 112 of 1976, POPIA, and the Consumer Protection Act.
- Ensure that all property information you upload is accurate, not misleading, and that you are authorised to market the property.
- Only use buyer lead data captured through the Platform for the purpose of the specific property enquiry for which it was collected.
- Not sell, transfer, or share buyer lead data with third parties without the explicit consent of the data subject.
- Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised access.
- Not use the Platform to send unsolicited communications (spam) to buyers.
5. Intellectual Property
All intellectual property rights in the Platform, including but not limited to the TapToView brand, software, design, and content, are owned by or licensed to TapToView. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for its intended purpose. You may not copy, modify, distribute, or reverse-engineer any part of the Platform.
Property content (descriptions, photos) uploaded by agents remains the intellectual property of the agent or the relevant rights holder. By uploading content, you grant TapToView a limited licence to display that content on the Platform for the purpose of delivering the service.
6. Data and Privacy
Your use of the Platform is subject to our Privacy Policy and our POPIA Information Notice. By using the Platform, you acknowledge that we process personal information in accordance with those documents and the Protection of Personal Information Act 4 of 2013.
As an agent, you act as a responsible party in respect of buyer lead data you collect through the Platform. You are responsible for ensuring your own POPIA compliance in how you use that data.
7. Limitation of Liability
To the maximum extent permitted by South African law, TapToView shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of or inability to use the Platform.
TapToView does not guarantee that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant the accuracy or completeness of any information on the Platform.
Our total aggregate liability to you in connection with the Platform shall not exceed the amount paid by you (if any) to TapToView in the 12 months preceding the claim.
8. Indemnity
You agree to indemnify, defend, and hold harmless TapToView and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.
9. Termination
We reserve the right to suspend or terminate your account at any time if you breach these Terms, engage in fraudulent activity, or use the Platform in a manner that is harmful to other users or to TapToView. You may close your account at any time by contacting us at [email protected].
Upon termination, your access to the Platform will cease. We will retain your data for the period required by law and as described in our Privacy Policy.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
11. Changes to These Terms
We may update these Terms from time to time. We will notify registered users of material changes via email or a prominent notice on the Platform. Your continued use of the Platform after such notice constitutes your acceptance of the updated Terms.
12. Contact
For any questions regarding these Terms, please contact us at: [email protected]