Effective Date: Upon user registration

Operated by: Mandacate Pty Ltd (Registration No: 2025/515238/07)

Country of Operation: Republic of South Africa

1. INTRODUCTION

Mandacate Pty Ltd (“Mandacate”, “we”, “our”, or “the Platform”) operates an online property platform that enables property sellers to digitally allocate provisional mandates (“Mandate Allocation”) to one or more registered real estate agencies (“Agencies”).

These Terms & Conditions (“Terms”) govern the access and use of the Mandacate Platform by all users, including sellers (“Sellers”), real estate agencies (“Agencies”), practitioners, service providers (“Service Providers”), and other registered parties (collectively “Users”).

By accessing, browsing, or using the Mandacate Platform, the User agrees to be legally bound by these Terms. If a User does not agree, they must immediately cease use of the Platform. All Users acknowledge that they have read, understood, and agree to be bound by these Terms.

2. DEFINITIONS

• Agency – A real estate agency registered with the Property Practitioners Regulatory Authority (PPRA) and approved by Mandacate to receive digital mandate allocations.
• Seller – A lawful property owner wishing to allocate a mandate via the Mandacate Platform.
• Mandate Allocation – A provisional digital instruction created by a Seller on the Platform indicating the Seller’s chosen Agency/Agencies.
• Mandate Agreement – A legally binding mandate contract between the Agency and the Seller, enforceable only once accepted by the Agency.

3. LEGAL NATURE OF THE PLATFORM

• Mandacate is strictly a digital facilitator that connects Sellers with registered real estate agencies and Service Providers (such as compliance companies and bond originators).
• Mandacate is not:
  • A real estate agency;
  • A property practitioner;
  • A conveyancer;
  • A party to any sale agreement, Mandate Agreement, OTP (Offer to Purchase), or compliance process.
• Mandacate does not:
  • • Provide legal advice;
    • Interfere in agency operations;
    • Influence commission negotiations;
    • Intervene in any legal or operational disputes between Sellers, Agencies, Conveyancers, or any third party.

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• All Users use the Platform at their own risk. Mandacate aims to make the sale of a property easy, effortless, and efficient but provides a platform service only and does not itself provide real estate or compliance services.

4. USER ELIGIBILITY & RESPONSIBILITIES

• Agencies and Service Providers must be fully compliant with South African law, including holding a valid PPRA Fidelity Fund Certificate (FFC) (where applicable) and complying with all PPRA Codes of Conduct.
• All information uploaded or submitted on the Platform must be accurate, complete, and true. Users agree not to upload fraudulent, misleading, or illegal content.
• Agencies are fully responsible for their own Mandate Agreements, legal documentation, OTPs, and compliance processes.
• Sellers are responsible for verifying the credentials of Agencies and Service Providers they choose.
• Mandacate reserves the right to reject, suspend, or terminate any User found to be non-compliant, unethical, or in breach of these Terms.

5. DIGITAL MANDATE ALLOCATION

• Sellers select their preferred Agency/Agencies via the Platform. An automated notification is sent to the chosen Agency.
• Once a provisional mandate is allocated and received by the Agency, the mandate becomes legal and binding. The Seller confirms they have read and understood the full terms and conditions of the specific Mandate Agreement.
• The digital allocation is a provisional instruction until the Agency formally accepts it and executes the Mandate Agreement directly with the Seller.
• Mandacate is not liable for the content, terms, execution, or enforcement of any Mandate Agreement or any operational decisions made by Agencies or Sellers.

6. COMMISSION STRUCTURE

• All Agencies registering with Mandacate agree to consider services at a lower commission structure.
• All terms and conditions regarding commission are strictly set out in Mandacate’s Service Agreement between Mandacate and the Agency. Sellers agree not to interfere with or question any terms and conditions between the Agency and Mandacate.

7. COMPLIANCE CERTIFICATION

• Sellers receive the benefit that Mandacate pays for compliance certification, quotes, and repairs up to 0.5% of the selling price through registered Service Providers.
• Should compliance costs exceed 0.5%, the difference is payable by the Seller.
• Mandacate only uses registered, ethical compliance partners who allow payment on registration and transfer for the Seller’s convenience.
• Compliance quotations will only be issued once the sale is verified by the Agency.

8. SUBSCRIPTION & PAYMENT TERMS

Subscription fee terms and conditions apply only to Real Estate Agencies and Service Providers. Service Agreements between Mandacate Pty Ltd and Service Providers/Agencies are strictly confidential. Sellers and non-service provider Users must refrain from any discussion regarding this privileged information.

9. INTELLECTUAL PROPERTY & BUSINESS MODEL PROTECTION

The Mandacate Platform, including its processes, system design, branding, algorithms, and proprietary business methods, are protected intellectual property under South African law. No other company or individual may copy, reverse engineer, replicate, distribute, or attempt to duplicate Mandacate’s strategic business operations, technology, or systems. All rights are reserved by Mandacate Pty Ltd.

10. CONFIDENTIALITY

Users agree not to disclose the contents of service agreements, internal methods, fees, negotiations, proprietary information, or any confidential elements of Mandacate’s business structure, specifically prohibiting discussion of these details with Sellers or non-contracted third parties.

11. LIMITATION OF LIABILITY & DISCLAIMER

Mandacate will not be held liable for:

• Any disputes, financial losses, failed sales, delays, or negligence caused by Users or third parties;
• Errors in Mandate Agreements, OTPs, compliance processes, or services provided by Agencies/Service Providers;
• Damages, services not provided, or any Agency/Service Provider acting unlawfully, unethically, or illegally;
• Loss of data due to external factors (e.g., cyberattacks or system downtime);
• Direct, indirect, incidental, or consequential damages.

Mandacate provides no warranties (express or implied) regarding the success or outcomes of any property transaction.

12. INDEMNITY

By using the Platform, all Users agree to indemnify and hold harmless Mandacate Pty Ltd, its directors, employees, and affiliates from any claims, losses, damages, or liabilities arising from their use of the Platform, failure to comply with applicable laws, or the conduct of any third party connected through the Platform.

13. FUTURE BANK NOTIFICATIONS (BOND ACCOUNTS)

• The Platform offers Sellers the optional functionality to notify their bond-holding bank of the property sale.
• This is triggered only when the Seller personally selects and confirms their bank.
• Sellers use this function at their own risk. Mandacate is not responsible for timeliness, acceptance/rejection, penalties, interest, fees, or communication failures with the bank.
• Sellers provide full consent for transmission and indemnify Mandacate against any liability.

14. MUNICIPAL BUILDING PLANS

• The Platform provides an optional feature for Sellers/Owners to request municipal building plans at their own cost and risk.
• Mandacate does not guarantee availability, accuracy, completeness, or timeliness of plans supplied.
• Sellers/Owners indemnify Mandacate against any claim or loss arising from reliance on such plans.

15. USER DATA & PRIVACY

Personal information is processed in accordance with the Protection of Personal Information Act (POPIA). Mandacate will never sell or unlawfully distribute personal information.

15. BREACH OF TERMS

Mandacate may suspend or terminate any User (without prior notice in material cases) for illegal activity, non-payment, unethical conduct, PPRA non-compliance, or any violation of these Terms.

16. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

17. AMENDMENTS

Mandacate reserves the right to amend, update, or revise these Terms at any time without prior notice. Continued use of the Platform after amendments constitutes acceptance of the revised Terms.

18. ACCEPTANCE

By accessing or using the Mandacate Platform, the User confirms full understanding and acceptance of these Terms & Conditions.