Terms and Conditions

Word of Mouth (Pty) Ltd Terms and Conditions

Effective Date: Date of Acceptance by User

Welcome to Word of Mouth, a referral-based platform that connects property professionals with potential clients through a trusted community network.

You represent and warrant that you have the legal capacity to enter into this agreement and are over the age of 18 years and, if acting on behalf of a company or other legal entity, that you have the authority to bind such entity to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Services.

You agree not to use the service for any unlawful or prohibited purpose, including attempting to interfere with or disrupt the platform or its servers.

Your personal data will be collected and processed according to our Privacy Policy, which explains how we handle and protect your information.

By registering for, accessing, or using our website, platform, or services (collectively, the "Services"), you expressly acknowledge and agree that: (a) you have read and understood these Terms and Conditions in their entirety; (b) you agree to be bound by these Terms and Conditions, including all limitations of liability and indemnification provisions contained herein; (c) where these Terms and Conditions constitute a fixed-term agreement as defined in the Consumer Protection Act 68 of 2008 ("CPA"), you acknowledge your rights under Sections 14 and 48 of that Act, including the right to cancel within the cooling-off period and the right to fair, reasonable, and just terms; (d) you have been given a reasonable opportunity to review these Terms and Conditions and seek independent legal advice if desired; and (e) you acknowledge that certain provisions of these Terms and Conditions may not apply to the extent that you qualify as a "consumer" under the CPA and such provisions are inconsistent with the CPA's mandatory protections.

1. Definitions

"Platform" refers to the Word of Mouth online system, including the website, mobile applications, software, and all related technology and services used to manage referrals and leads run by Word of Mouth (Pty) Ltd. All references to Word of Mouth include Word of Mouth (Pty) Ltd, registration number: 2022/639747/07.

"Service Provider" means Rawsons Parklands or other verified estate agent, property professional, or real estate business/agency registered on the platform to receive leads. Where Rawsons Parklands acts as the Service Provider, commission arrangements shall be governed by the separate commission sharing agreement between Service Providers and Rawsons Parklands.

"Lead Generator" means an individual or team that submits property leads through the platform and earns fees on successful transactions.

"Lead" refers to any prospective client (buyer, seller, or landlord) referred through the platform.

"Referral fee" refers to the finder's fee payable to the Lead Generator upon successful conclusion and registration (where applicable) of a property transaction, calculated as a percentage of the administrative fee received by Word of Mouth from the Service Provider. The referral fee is payable only after Word of Mouth has received cleared payment of its administrative fee from the Service Provider. For the avoidance of doubt, "cleared payment" means funds that have been received by Word of Mouth from the Service Provider, are available for use by Word of Mouth without restriction or risk of reversal, and have been determined by Word of Mouth in its sole discretion to be free from any actual or reasonably anticipated chargeback, dispute, refund claim, fraud risk, or other payment uncertainty.

2. Membership, Fees, and Subscription Terms

Service Providers pay a once-off membership fee of R9,999.00 (Nine Thousand Nine Hundred and Ninety-Nine Rand) (excluding VAT) for a 12-month membership period, payable in advance. The membership period commences on the date of payment confirmation and expires 12 months thereafter. Word of Mouth shall provide written notice to the Service Provider at least 60 days prior to the expiration of the membership period, advising of the renewal fee and process. Membership does not automatically renew unless the Service Provider elects to renew in writing and pays the applicable renewal fee, which is R999 (being 10% of the initial subscription fee, exclusive of VAT). If VAT rates change or become payable during the membership period, Word of Mouth reserves the right to adjust fees for renewals accordingly.

Lead Generators purchase one of three subscription packages — Silver, Gold, or Platinum — each providing 12 months of access to the platform from the date of payment confirmation. The pricing for each package tier is as set out on the Platform at the time of purchase and is exclusive of VAT. A copy of the pricing schedule applicable at the time of purchase shall be provided to the Lead Generator and shall form part of this agreement. Word of Mouth shall provide written notice to the Lead Generator at least 60 days prior to the expiration of the subscription period, advising of the renewal fee and process. Subscriptions do not automatically renew unless the Lead Generator elects to renew in writing and pays the applicable renewal fee, which is 10% of the initial subscription fee paid for that package tier, exclusive of VAT.

Word of Mouth reserves the right to change membership fees or packages for new subscriptions or renewals upon 60 days' prior written notice to members via email to their registered email address. Fee changes will not apply to existing paid subscription periods and will only take effect upon renewal. Members who do not accept the new fees may choose not to renew their membership without penalty. Any fee increase exceeding 10% of the previous fee, or any cumulative increase exceeding 25% over any 3-year period, shall require express written acceptance by the member before renewal can be processed. Members shall have 30 days from the date of notice to accept or reject the new fees. Failure to respond within this period shall be deemed a rejection, and the membership shall not renew.

From time to time, promotional offers (including but not limited to free trial periods, discounted rates, or bonus features) may be available at Word of Mouth's sole discretion. All promotional offers are subject to these Terms and Conditions and any additional terms specified at the time of the offer. Word of Mouth reserves the right to modify or terminate any promotional offer at any time without prior notice. Promotional offers cannot be combined unless expressly stated otherwise.

3. Service Provider and Lead Generator Payments

Lead Generators earn a referral fee based on a percentage of the administrative fee received by Word of Mouth from the Service Provider for facilitating the referral:

  • Silver: 10% of the Fee received by Word of Mouth (Pty) Ltd
  • Gold: 15% of the Fee received by Word of Mouth (Pty) Ltd
  • Platinum: 20% of the Fee received by Word of Mouth (Pty) Ltd

Referral fees are payable to Lead Generators only after Word of Mouth has received and cleared payment of its administrative fee from the Service Provider for the concluded transaction. The Service Provider must notify Word of Mouth within 7 business days of concluding the transaction and provide necessary documentation for invoicing. Referral fee payments to Lead Generators must be made within 14 business days of Word of Mouth receiving cleared payment of its administrative fee, unless otherwise agreed in writing.

Word of Mouth charges an administrative fee to the Service Provider for facilitating, tracking, and administering the referral process. This administrative fee is invoiced directly to the Service Provider and covers platform maintenance, transaction tracking, payment processing, dispute resolution support, and compliance administration. The referral fee payable to Lead Generators is calculated as a percentage of this administrative fee received by Word of Mouth. Word of Mouth may adjust the administrative fee structure upon 90 days' prior written notice to all Service Providers, provided that any increase shall not exceed 20% in any 12-month period, calculated on a rolling basis from the date of each increase.

Word of Mouth facilitates tracking and verification of referrals through the Platform and invoices the Service Provider for administrative services. Word of Mouth is responsible for paying Lead Generator referral fees from the administrative fees it receives from the Service Provider. However, Word of Mouth is not a party to the underlying property transaction between the Service Provider and the client. Word of Mouth shall use reasonable efforts to assist in resolving payment disputes by providing access to transaction records and facilitating communication between parties within 10 business days of receiving a written dispute notice. Word of Mouth accepts no liability for the underlying property transaction or Service Provider's performance, except to the extent that disputes arise from: (a) Word of Mouth's own negligence, gross negligence, willful misconduct, or material breach of these Terms and Conditions; (b) Word of Mouth's failure to maintain accurate transaction records; (c) Word of Mouth's failure to provide reasonable assistance in dispute resolution as set forth in this clause; or (d) Word of Mouth's breach of its obligations under POPIA in relation to transaction data.

4. Service Provider Responsibilities

Service Providers agree to handle all leads professionally, ethically, and promptly.

All leads generated through the Platform are recorded and remain visible and traceable to relevant parties for transparency and dispute resolution purposes. Lead records will be retained for a minimum period of 6 years from the date of lead submission, or such longer period as may be required by applicable law, including but not limited to the Prescription Act 68 of 1969, the Tax Administration Act 28 of 2011, and POPIA. This retention period aligns with the general prescription period for contractual claims under South African law and tax record-keeping requirements. Access to lead records shall be provided to Service Providers and Lead Generators within 5 business days of a written request, in accordance with POPIA and our Privacy Policy.

Word of Mouth shall implement appropriate technical and organisational measures to ensure the security and confidentiality of all lead records in accordance with POPIA requirements, including but not limited to: (a) encryption of data in transit and at rest using industry-standard protocols; (b) role-based access controls and authentication mechanisms; (c) regular security audits conducted at least annually by qualified information security professionals; (d) intrusion detection and prevention systems; (e) secure backup and disaster recovery procedures; and (f) security incident response procedures. Word of Mouth shall notify affected parties within 72 hours of becoming aware of any data breach that compromises personal information, in accordance with POPIA Section 22. Upon expiration of the retention period, lead records containing personal information shall be securely deleted or anonymised in accordance with POPIA requirements.

Service Providers may assign Lead Generator accounts (from their allocated bundle) to their team or network members, who will work to generate additional leads on their behalf. The Service Provider remains fully responsible for all actions taken by assigned Lead Generator accounts and must ensure that all assigned users comply with these Terms and Conditions. Service Providers must notify Word of Mouth of all account assignments and maintain accurate records of assigned users. All assigned users are required to register onto the Word of Mouth platform and agree to these Terms and Conditions before being granted access. The Service Provider shall ensure that all assigned users complete the registration process and shall provide Word of Mouth with a written list of all assigned users within 5 business days of any assignment or change. The Service Provider acknowledges that it remains liable for all actions of assigned users as if such actions were taken by the Service Provider directly, including any breaches, violations, or unlawful conduct.

Misuse of the Platform, failure to honour commission obligations, material breach of these Terms and Conditions, or engagement in fraudulent or unethical conduct may result in immediate suspension or termination of membership at Word of Mouth's discretion, without refund of any fees paid. Before terminating membership for breach (other than fraud or illegal activity), Word of Mouth shall provide the Service Provider with written notice of the alleged breach and an opportunity to remedy the breach within 10 business days, unless the breach is incapable of remedy or immediate termination is necessary to prevent harm to Word of Mouth, other users, or third parties. Word of Mouth shall act reasonably in exercising its termination rights. Word of Mouth reserves the right to pursue legal remedies for any losses suffered as a result of such breach.

Additional obligations for Primary Service Providers (including Rawsons Parklands):

  • Maintain adequate professional indemnity insurance of not less than R2,000,000
  • Ensure all personnel handling platform leads are properly licensed and trained
  • Provide monthly reporting on lead conversion rates and customer satisfaction metrics
  • Maintain response time standards of maximum 4 hours during business hours for lead acknowledgment
  • Participate in quarterly business reviews with Word of Mouth management
  • Implement and maintain data security measures equivalent to those specified in Section 4 of these Terms and Conditions

Service Providers shall maintain the confidentiality of all lead information and shall use such information solely for the purpose of servicing the referred client. Unauthorised use or disclosure of lead information may result in immediate termination of membership and legal action for damages.

Service Providers shall indemnify, defend, and hold harmless Word of Mouth, its officers, directors, employees, and agents from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) the Service Provider's use of the platform; (b) the Service Provider's violation of these Terms and Conditions; (c) the Service Provider's violation of any applicable law or regulation; or (d) any act or omission by the Service Provider that causes harm to third parties. This indemnity shall not apply to claims arising solely from Word of Mouth's gross negligence or willful misconduct.

The first sentence about suspension/termination is duplicative of paragraph 55AD41F6 and paragraph A0DC2FC9. More importantly, the indemnity clause should include "directors" for complete protection of Word of Mouth's leadership. Additionally, under South African law, an indemnity that covers the indemnified party's own gross negligence or willful misconduct may be unenforceable as against public policy. The carve-out protects the enforceability of the entire indemnity provision.

Word of Mouth may terminate membership immediately, without notice, in cases of fraud, illegal activity, or material breach of these Terms and Conditions. Upon termination, all access to the platform shall cease immediately.

5. Lead Generator Responsibilities

Lead Generators agree to submit only legitimate, verifiable leads.

False or misleading submissions, submission of fabricated leads, or any fraudulent activity will result in immediate termination of membership without refund of any fees paid. Word of Mouth reserves the right to pursue legal action and claim damages for any losses suffered as a result of such conduct.

Lead Generators must not interfere in, attempt to influence, or directly participate in any negotiations, communications, or transactions between clients and Service Providers. Lead Generators must not contact leads directly after submission except with the express written consent of the Service Provider. Any breach of this provision may result in immediate termination and forfeiture of any unpaid commissions.

6. Payments and Refunds

All payments for membership fees and subscriptions are processed securely through Word of Mouth's approved third-party payment service providers. By making a payment, you authorise Word of Mouth to charge the payment method provided for all applicable fees. Word of Mouth is not responsible for any fees, charges, or costs imposed by your bank or payment provider. All payment information is handled in accordance with applicable payment card industry standards and our Privacy Policy.

Membership fees and subscription fees are non-refundable except where required by applicable law. Where these Terms and Conditions constitute a fixed-term agreement as defined in the Consumer Protection Act 68 of 2008 ("CPA"), consumers have the right to cancel in accordance with Section 14 of the CPA, subject to reasonable cancellation penalties as permitted by law. The cancellation penalty will be calculated as 10% of the unexpired portion of the subscription fee, or such other amount as may be reasonable in the circumstances. To exercise cancellation rights, written notice must be provided to Word of Mouth at services@wordofmouth.co.za. Cancellation will be effective 20 business days after receipt of the cancellation notice, as provided in the CPA.

Membership fees are non-refundable except as follows: (a) if a member terminates membership within fourteen (14) days of the initial purchase and has not used the platform, a full refund of membership fees shall be issued; (b) if Word of Mouth terminates membership due to its own breach or violation of these Terms and Conditions, a pro-rata refund of unused membership fees shall be issued; (c) no refunds shall be issued for termination due to member breach, fraud, or misuse of the platform. All refund requests must be submitted in writing within thirty (30) days of the qualifying event.

Commission payments are handled according to agreements between the Service Provider and Lead Generator, with Word of Mouth acting as the facilitator.

7. Intellectual Property

All platform content, software, and branding belong to Word of Mouth. Users may not copy, modify, or redistribute any part of the platform without written consent.

8. Privacy and Data Protection

Word of Mouth processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). All personal information collected is used only for legitimate business purposes as defined in our Privacy Policy. We act as both an Operator and Responsible Party as defined in POPIA. Data subjects have all rights provided under POPIA, including but not limited to the right to access, correct, and request deletion of their personal information. Our detailed Privacy Policy and POPIA compliance documentation is available at www.wordofmouth.co.za.

9. Termination

Word of Mouth may suspend or terminate any account that violates these Terms or engages in fraudulent or unethical activity.

10. Disclaimer and Limitation of Liability

The platform is provided "as is" and "as available". Word of Mouth makes no warranties or representations of any kind, whether express or implied, regarding the platform's operation or availability. Word of Mouth acts solely as a facilitator and is not a party to any property transaction. To the fullest extent permitted by South African law, Word of Mouth shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of income, profits, data, business opportunities, or any other losses arising from or in connection with the use of the platform, even if Word of Mouth has been advised of the possibility of such damages.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). If the dispute remains unresolved within 30 days of the mediation's commencement, it shall be finally resolved by arbitration under AFSA rules. The seat of arbitration shall be Johannesburg, South Africa. This clause shall not prevent either party from seeking urgent interim relief from any court of competent jurisdiction.

Special Dispute Resolution for Primary Service Provider Relationships:

For disputes involving Primary Service Providers (including Rawsons Parklands) that may materially affect platform operations or Lead Generator payments:

  • An expedited mediation process shall apply with resolution targeted within 14 days
  • Either party may request interim measures to preserve the status quo pending resolution
  • Word of Mouth may implement temporary alternative arrangements to protect Lead Generator interests
  • Any suspension of services pending dispute resolution shall be limited to the minimum necessary to protect all parties' interests

12. Contact Information

For questions or assistance, contact us at:

services@wordofmouth.co.za