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WORD OF MOUTH – TERMS & CONDITIONS

Last Updated: 25 November 2025

  • 1. Introduction
  • These Terms and Conditions (“Terms”) govern your use of the platform provided by Word of Mouth (Pty) Ltd, registration number 2022/639747/07, a private company duly incorporated in accordance with the Companies Act 71 of 2008 with registered address at 41 Dormehl Street Brackenhurst, Alberton, Gauteng, South Africa 1448. ("Word of Mouth", "we", "us", or "our").
  • By clicking "I Accept," creating an account, submitting leads, accessing the Platform, or paying any fees, you ("User" or "you") expressly acknowledge that you have read, understood, and agree to be bound by these Terms, and that you have been given a reasonable opportunity to review these Terms before accepting them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Users who do not agree must not use the Platform.
  • 2. Definitions
  • - Casual Referrer – An individual who submits property leads at no cost.
  • - Lead Generator – A paying user who submits property leads and may earn referral fees subject to verification and successful transactions.
  • - Service Provider – A property professional who receives verified leads via the Platform.
  • - Lead – Any property opportunity submitted through the Platform.
  • - Verified Lead – A lead that passes all verification checks conducted by agents used by Word of Mouth. Word of Mouth retains discretion in applying these criteria but will act reasonably, in good faith, and in accordance with the verification procedures published on the Platform. Such verification procedures are published on the Platform and or shall be made available to users in writing upon request within five (5) business days, at no additional charge.
  • - Referral Fee – A fee payable only when a Verified Lead results in a completed property transaction.
  • 3. Services Provided
  • The Platform facilitates the submission, verification, routing, and tracking of property leads. All services are provided on an “as available” basis, and to the maximum extent permitted by law, without warranties of any kind. We may modify or discontinue any feature of the Platform at our discretion, provided that we give users at least thirty (30) days' prior written notice of material changes that adversely affect their rights or the core functionality of the Platform. Where fees have been paid for specific features that are discontinued, users will be entitled to either (a) a pro-rata refund calculated from the date of discontinuation, or (b) alternative accommodation of equivalent value, at the user's election. This right is in addition to any other rights under the Consumer Protection Act.
  • 4. Membership Packages, Fees & Annual Renewals
  • 4.1 Casual Referrers
  • - No registration or renewal fee required.
  • - Eligible for R1,000 referral fee per Verified Lead resulting in a completed property sale.
  • 4.2 Lead Generator Packages
  • - Silver: R999
  • - Gold: R4,999
  • - Platinum: R9,999
  • Referral Fees:
  • - Silver: 10%
  • - Gold: 15%
  • - Platinum: 20%
  • 4.3 Annual Renewal Fee
  • All Lead Generator and Service Provider accounts renew annually at 10% of the original once-off registration fee.
  • Failure to pay the renewal fee within thirty (30) days of the due date may result in suspension of the account, provided that such suspension shall not occur until the user has been given a final written notice by email. Users will receive written notice at least thirty (30) days prior to the renewal date and a reminder notice seven (7) days before suspension. Suspended accounts may be reactivated within ninety (90) days upon payment of outstanding fees plus a reactivation administration fee of Five Hundred Rand (R500.00), which represents Word of Mouth's reasonable costs of reactivation, after which the account may be permanently terminated subject to thirty (30) days' written notice to the user's last known address or email address.
  • 4.4 Service Provider Package
  • - R9,999 once-off
  • - Annual renewal R999.90
  • - Includes allocated Lead Generator accounts
  • - Access to leads depends on availability and the number of active Service Providers, and Lead Generators, and is not guaranteed. Service Providers acknowledge that lead volume may vary based on market conditions and other factors beyond Word of Mouth's control, and that Word of Mouth makes no representations or warranties regarding the specific quantity, quality, or conversion rate of leads, except that all leads distributed will have undergone the verification process described in Section 2. However, Word of Mouth will use reasonable commercial efforts to distribute leads fairly among Service Providers in accordance with the allocation methodology published on the Platform.
  • 4.5 Payment Terms
  • All fees are payable in South African Rand (ZAR) and are non-transferable. Fees are non-refundable except: (a) as required by the Consumer Protection Act 68 of 2008 or other applicable consumer protection legislation; (b) as otherwise specified in these Terms; (c) where Word of Mouth has materially breached its obligations and failed to remedy such breach within thirty (30) days of receiving written notice thereof; or (d) where a court of competent jurisdiction or the Consumer Tribunal orders a refund. Word of Mouth reserves the right to change fees upon at least sixty (60) days' prior written notice to users. Fee changes will not apply to existing paid subscriptions until their renewal date.
  • 5. Referral Fees
  • Referral fees are payable only if:
  • - A lead is verified as legitimate and original according to Word of Mouth's verification procedures, which include (without limitation) checking for duplicates, verifying property details, and confirming the lead source. Word of Mouth will exercise this verification function reasonably, in good faith, and in accordance with the detailed verification criteria, available on request.
  • - A completed property transaction occurs.
  • - The transaction is independently verified by Word of Mouth.
  • - The user complies with these Terms.
  • We may reject any lead or withhold referral fees where fraud, duplication, unverifiable information, or non-compliance is reasonably suspected. In such cases, Word of Mouth will provide the user with written reasons for the rejection or withholding within fourteen (14) days. The user may submit additional information or evidence within fourteen (14) days of receiving such reasons, which Word of Mouth will consider in good faith. Word of Mouth's decision after considering such additional information shall be final and binding, subject to the user's rights under applicable law, including the right to refer disputes to the Consumer Tribunal or to institute legal proceedings in a court of competent jurisdiction.
  • 6. User Responsibilities
  • Users must: (a) submit truthful, accurate, and complete lead information; (b) maintain the security and confidentiality of their login credentials and be responsible for all activities under their account, provided that users shall not submit leads for properties where they lack proper authorization or consent from the property owner or authorized representative. Users warrant that they have obtained all necessary consents and authorizations, including consent under POPIA from any data subjects whose personal information is submitted through the Platform.
  • 7. Platform Availability
  • The Platform is provided “as is” and “as available.” We may suspend or modify access for maintenance, security, or technical reasons. We will provide at least twenty-four (24) hours' notice where practicable, except in emergency situations where immediate action is required to protect the Platform, its users, or to comply with legal obligations. In the event of planned maintenance exceeding four (4) hours, we will provide at least forty-eight (48) hours' notice.
  • 8. POPIA Compliance & Data Sharing Consent
  • In accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), users expressly consent to Word of Mouth's collection, processing, storage, and sharing of their personal information with third parties (including Service Providers, Lead Generators, verification service providers, payment processors, and regulatory authorities where required by law) to the extent necessary and lawful for:
  • - Lead verification
  • - Referral fee processing
  • - Legal and regulatory compliance
  • - Platform functionality
  • We will not sell personal data to third parties. Users may exercise these rights by contacting us in writing at the details provided in Section 14. We will respond to such requests within thirty (30) days as required by POPIA, or within such extended period as may be permitted under POPIA where the request is complex or numerous. Our full Privacy Policy, which provides detailed information about our data processing practices, is available on the Platform and forms part of these Terms.
  • 9. Refund Policy
  • We will not sell personal data to third parties. Users may exercise these rights by contacting us in writing at the details provided in Section 14. We will respond to such requests within thirty (30) days as required by POPIA, or within such extended period as may be permitted under POPIA where the request is complex or numerous. Our full Privacy Policy, which provides detailed information about our data processing practices, is available on the Platform and forms part of these Terms.
  • 10. Compliance With the Property Practitioners Act
  • Users are not estate agents and may not perform any estate agency services as defined in the Property Practitioners Act 22 of 2019 unless they hold a valid Fidelity Fund Certificate (FFC) issued by the Property Practitioners Regulatory Authority (PPRA). Users warrant that they are not performing estate agency services through their use of the Platform and that their activities constitute permissible referrals only. Breach of this warranty may result in immediate termination of the user's account, forfeiture of any unpaid referral fees, and reporting to the PPRA. Word of Mouth reserves the right to request proof of FFC status from any user at any time.
  • 11. Termination & Suspension
  • We may suspend or terminate accounts for fraud, unverifiable leads, unpaid renewal fees, or breaches of these Terms.
  • 12. Limitation of Liability
  • Word of Mouth is not liable for lost income, failed transactions, third‑party actions, or indirect damages. Liability is limited to the amount paid by the user in the 12 months before a claim.
  • 13. Governing Law
  • These Terms are governed by the laws of the Republic of South Africa. Disputes will be resolved in South African courts.
  • 14. Contact Information
  • Email: services@wordofmouth.co.za
  • Address: 41 Dormehl Str, Brackenhurst, Alberton, Gauteng, 1448
  • Phone: 021 014 1068

WORD OF MOUTH – SUMMER SPECIAL PROMOTION TERMS & CONDITIONS

Last Updated: 25 November 2025

These Summer Special Promotion Terms and Conditions (“Promotion Terms”) apply to the Word of Mouth Summer Special (“the Promotion”) running for a limited period (“Promotion Period”). These Promotion Terms supplement and form part of the standard Word of Mouth Terms & Conditions (“Standard Terms”), which are incorporated herein by reference and available at wordofmouth.co.za or by request. Where there is any conflict between these Promotion Terms and the Standard Terms, the Promotion Terms will prevail only with respect to leads submitted during the Promotion Period. In all other respects, the Standard Terms shall remain in full force and effect.

  • 1. Eligibility
  • - Applies to registered Lead Generators with active, fully paid accounts.
  • - Standard package fees remain unchanged: Silver R999.00 (Nine Hundred and Ninety-Nine Rand), Gold R4,999.00 (Four Thousand Nine Hundred and Ninety-Nine Rand), Platinum R9,999.00 (Nine Thousand Nine Hundred and Ninety-Nine Rand). All fees are exclusive of Value Added Tax (VAT) at the applicable rate unless otherwise stated. Word of Mouth (Pty) Ltd is not VAT registered.
  • - Renewal fee rules continue to apply.
  • 2. Enhanced Referral Fee Percentages
  • For Verified Leads submitted during the Promotion Period that result in completed property transactions, Lead Generators shall be entitled to receive referral fees calculated as a percentage of the fee earned by Word of Mouth from the use of the platform, as follows:
  • - Silver: 20%
  • - Gold: 30%
  • - Platinum: 50%
  • These enhanced percentages override any referral fee percentages specified in the Standard Terms, but only with respect to qualifying leads as defined in clause 3 below. All other terms and conditions relating to referral fees, including but not limited to payment terms (which shall not exceed thirty (30) days from the date of completion of the property transaction), verification requirements, and circumstances for withholding or forfeiture, shall continue to apply as set out in the Standard Terms.
  • 3. Qualifying Leads
  • A lead qualifies only if:
  • - Submitted during the Promotion Period
  • - Verified as a Verified Lead
  • - Results in a completed property transaction, being a transaction where transfer of the property has been registered in the Deeds Office and registration has been confirmed in writing by the conveyancer or, in the case of a lease exceeding a period of 12 months, where the lease agreement has been executed by all parties and the tenant has taken occupation as evidenced by written confirmation from the landlord or managing agent. For leases of 12 months or less, completion shall be deemed to occur upon execution of the lease agreement and receipt of cleared funds for the first month's rental by the landlord or managing agent
  • - Lead Generator complies with all Terms, including the Protection of Personal Information Act, 2013 (POPIA), the Property Practitioners Act, 2019 (PPA), the Consumer Protection Act, 2008 (CPA), the Electronic Communications and Transactions Act, 2002 (ECTA), and all regulations promulgated thereunder, as applicable to the Lead Generator's activities under this Promotion
  • Leads submitted before the commencement or after the expiry of the Promotion Period do not qualify for the enhanced referral fee percentages and shall be subject to the referral fee structure set out in the Standard Terms.
  • 4. Promotion Period and Commencement
  • - The Promotion Period shall commence on 28 November 2025 and end on 31 January 2026 (both dates inclusive) ("Promotion Period"), as published on the Platform at wordofmouth.co.za. The specific dates shall be deemed incorporated into these Promotion Terms upon publication.
  • - Word of Mouth may shorten or terminate the Promotion Period only in circumstances of force majeure (as defined in clause 11 below), legal or regulatory requirement, or material breach by a specific Lead Generator (which termination shall only affect that Lead Generator and not the Promotion as a whole unless the breach is systemic), and only upon providing not less than fourteen (14) days' prior written notice, except in cases of legal or regulatory requirement where immediate compliance is mandated, in which case notice shall be given as soon as reasonably practicable. Any such modification shall not affect the rights of Lead Generators in respect of Verified Leads already submitted prior to the date of such notice. In the event of early termination, Lead Generators shall have a period of thirty (30) days from the date of termination notice to submit any remaining leads to qualify for the enhanced referral fees.
  • 5. Exclusions & Limitations
  • - Does not modify registration fees, renewal fees, verification rules, POPIA, PPA compliance, or platform restrictions.
  • - Leads failing verification or not resulting in completed transactions earn no referral fee.
  • - Word of Mouth may reject or withhold referral fees where fraud or material non-compliance is reasonably suspected on the basis of objective evidence, provided that Word of Mouth shall notify the Lead Generator in writing within seven (7) business days of forming such suspicion, specifying in reasonable detail the grounds for suspicion and the evidence relied upon. The Lead Generator shall have the right to respond within fourteen (14) days and to provide evidence to rebut such suspicion. Word of Mouth shall make a final determination within fourteen (14) days of receiving the Lead Generator's response, or if no response is received, within fourteen (14) days of the expiry of the response period. If Word of Mouth's suspicion is not substantiated, the referral fee shall be paid within seven (7) days of the final determination.
  • 6. PPA Compliance
  • Lead Generators remain prohibited from performing estate agency services as defined in section 1 of the Property Practitioners Act, 2019, unless holding a valid Fidelity Fund Certificate (FFC) issued by the Property Practitioners Regulatory Authority in terms of section 55 of the PPA. Lead Generators warrant and undertake that they shall not perform any act which would constitute estate agency services under the PPA in connection with leads submitted under this Promotion. Lead Generators acknowledge that breach of this provision may result in criminal liability under section 72 of the PPA and immediate termination of their participation in the Promotion without refund of any fees paid.
  • Promotion does not authorise acting as an estate agent.
  • 7. POPIA Compliance
  • - All POPIA rules in the Standard Terms apply.
  • Lead Generators consent to the processing and sharing of their personal information and the personal information of leads submitted by them, strictly in accordance with POPIA and only to the extent necessary for the purposes of administering this Promotion and facilitating property transactions. Such consent may be withdrawn at any time by written notice to Word of Mouth, provided that withdrawal of consent may result in inability to participate in the Promotion. Lead Generators warrant that they have obtained all necessary consents from data subjects (leads) in accordance with POPIA before submitting their personal information to Word of Mouth.
  • 8. Limitation of Liability
  • Limitation of liability provisions in the Standard Terms apply in full to this Promotion, save that nothing in these Promotion Terms or the Standard Terms shall exclude or limit either party's liability for: (a) death or personal injury caused by that party's negligence or that of its employees, agents, or contractors; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 61 of the Consumer Protection Act, 2008; (d) gross negligence or willful misconduct; or (e) any other liability which cannot be excluded or limited under applicable South African law. Subject to the foregoing, Word of Mouth's total aggregate liability under these Promotion Terms shall not exceed the total amount of referral fees paid to the Lead Generator in the twelve (12) months preceding the event giving rise to the claim.
  • 9. Termination of Promotion
  • Word of Mouth may suspend, modify, or cancel the Promotion for operational, legal, or regulatory reasons.
  • 10. Acceptance
  • Submitting leads during the Promotion Period constitutes acceptance of these Promotion Terms.