Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Fixstead website, currently at fixstead.co.za (the “Site”), and related services, including browsing renovation-property listings, creating a buyer or seller account, listing a property, using the renovation and transfer-cost calculators, and requesting a viewing (together, the “Services”).

Fixstead is a trading name of Fixer Upper Properties (Pty) Ltd, registration number 2021/560822/07, a company registered in South Africa, of PO Box 3351, Tyger Valley, 7536 (“Fixstead,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. What Fixstead is (and is not)

1.1 A listing platform only. Fixstead is an online marketplace that allows sellers of fixer-upper properties (private homeowners and estate agents) to list those properties, and allows buyers to browse and enquire about them. Fixstead provides the platform only.

1.2 Not an estate agent. Fixstead is not an estate agent, property practitioner, broker, valuer, or adviser. We do not market or sell properties on behalf of sellers, we do not represent buyers or sellers in any transaction, we earn no commission on any sale, and we are not a party to any sale agreement concluded between a buyer and a seller. Any property sale is a matter solely between the buyer and the seller and their respective professional advisers.

1.3 No advice. Nothing on the Site constitutes property, legal, financial, tax, structural, or investment advice. The renovation and transfer-cost calculators provide rough estimates for general guidance only and must not be relied upon as accurate figures. You should obtain your own professional advice before making any decision.

1.4 Introductions only. The Services are limited to helping buyers and sellers find and contact one another. What happens after that, including viewings, negotiations, offers, agreements, payment, transfer, and renovation, is entirely between the buyer and the seller.

2. Eligibility and accounts

2.1 You must be at least 18 years old and legally able to enter into contracts to use the Services.

2.2 To list a property or make certain enquiries, you must create an account and provide accurate, current, and complete information. You are responsible for keeping your login details confidential and for all activity under your account.

2.3 You must notify us promptly of any unauthorised use of your account. We are not liable for any loss arising from unauthorised use of your account.

2.4 We may suspend or terminate an account that breaches these Terms, provides false information, or misuses the Services.

3. Listing a property

3.1 Genuine fixer-uppers only. Fixstead lists genuine renovation properties only. By listing a property, you confirm that it genuinely requires renovation, repair, or refurbishment, and that it is not a move-in-ready or newly developed property.

3.2 Accurate listings. You are solely responsible for the content of your listing. You confirm that all information you provide (including condition, defects, price, location, size, and photographs) is accurate, honest, and not misleading, and that the photographs are true and current representations of the property.

3.3 Your right to list. You confirm that you are the owner of the property or are duly authorised to list it (for example, a mandated estate agent), and that you have the right to sell or market it and to use and publish the photographs and information you upload.

3.4 Compliance. Estate agents confirm they hold a valid Fidelity Fund Certificate and comply with all laws applicable to property practitioners. You must comply with all applicable laws when listing and selling a property.

3.5 Our rights over listings. We may review, verify, edit for clarity, decline, or remove any listing at our discretion. We may also remove or suspend listings that we believe are inaccurate, misleading, fraudulent, unlawful, or in breach of these Terms.

4. The listing fee, verification, and refunds

4.1 Listing fee. A listing fee of R299 (the “Listing Fee”) is payable per property listing. The Listing Fee is charged at the time you submit your listing, before it is published, and is processed by our third-party payment processor, Paystack.

4.2 Verification. After payment, we review each listing to check that it is a genuine fixer-upper. This verification is a basic genuineness check only. It is not a structural survey, inspection, valuation, or confirmation of the accuracy of any information in the listing, and it must not be relied upon by any buyer as such.

4.3 When the Listing Fee is refunded. The Listing Fee is refundable only in one circumstance: if, on verification, we determine that the property is not a genuine fixer-upper and therefore decline to publish the listing. In that case, the Listing Fee is refunded in full.

4.4 When the Listing Fee is not refunded. Except as set out in clause 4.3, the Listing Fee is non-refundable. Without limitation, the Listing Fee is not refunded where: the listing is published and later removed; the seller cancels, withdraws, or edits the listing; the property does not sell; the listing is rejected or removed for reasons other than not being a genuine fixer-upper (for example, inaccurate information, poor-quality or misleading photographs, incomplete information, duplication, or breach of these Terms); or the property is marked sold, under offer, or removed by the seller.

4.5 Rejection reasons. Where we decline or remove a listing, we will provide the seller with a reason. Whether a refund applies is determined solely by clause 4.3.

4.6 Refund processing. Approved refunds are processed back to the original payment method via Paystack within a reasonable period.

5. Listing lifecycle and status

5.1 Sellers can manage their own listings from their account, including marking a listing as “Offer Pending” (a buyer is in the process of purchasing) or “Sold.”

5.2 A listing marked “Sold” remains visible with a sold indicator for a limited period (currently around 24 hours) before it is removed from public view. A listing marked “Offer Pending” remains visible with an indicator, and may be returned to active status if the offer does not proceed.

5.3 Marking a listing as Offer Pending, Sold, or removing it does not entitle the seller to any refund of the Listing Fee (see clause 4.4).

5.4 We may remove any listing from public view at our discretion. We retain listing records for our own administrative and reporting purposes.

6. Buyers: viewings, enquiries, and due diligence

6.1 Enquiries. When you request a viewing or make an enquiry, your details are sent to the person or agency who listed the property so they can contact you. You are contacting and dealing directly with the seller, not with Fixstead.

6.2 Due diligence is your responsibility. Fixstead does not verify, and makes no representation or warranty about, the condition, safety, legal status, ownership, boundaries, compliance, value, or accuracy of any property or listing. Before making any offer or purchase, you must carry out your own independent due diligence, including your own viewings, professional inspections, surveys, searches, valuations, and legal advice.

6.3 Renovation properties carry risk. You acknowledge that fixer-upper properties by their nature require repair or renovation, may have significant defects (including defects not disclosed or not visible), and that renovation costs and timelines are uncertain. Any estimates on the Site are indicative only.

6.4 No guarantee of outcome. We do not guarantee that any listing will result in a viewing, an offer, or a sale, or that any property is available, accurately described, or suitable for your purposes.

7. Acceptable use

You agree not to:

• post false, misleading, fraudulent, or unlawful content;
• list properties that are not genuine fixer-uppers, or that you have no right to list;
• impersonate any person or misrepresent your affiliation;
• use the Services to harass, spam, or defraud other users;
• attempt to circumvent the Listing Fee or verification process;
• scrape, copy, or harvest listings, photographs, or user data without our permission;
• interfere with, disrupt, or attempt to gain unauthorised access to the Site or its systems; or
• use the Services in breach of any applicable law.

We may suspend or remove content or accounts that breach this clause.

8. Intellectual property

8.1 The Site, the Fixstead brand, logo, and all content we create remain our property or that of our licensors. You may not use them without our permission.

8.2 You retain ownership of the content you upload (such as listing information and photographs), but you grant us a non-exclusive, royalty-free licence to host, display, reproduce, and use that content for the purpose of operating and promoting the Services. You confirm you have the rights necessary to grant this licence.

9. Disclaimers

9.1 The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we exclude all warranties, whether express or implied, including as to accuracy, availability, fitness for purpose, and non-infringement.

9.2 We do not warrant that the Site will be uninterrupted, error-free, or secure, or that listings or calculator estimates are accurate, complete, or current.

9.3 Any reliance you place on any listing, estimate, or content on the Site is at your own risk.

10. Limitation of liability

10.1 To the fullest extent permitted by law, Fixstead (and its directors, employees, and agents) will not be liable for any indirect, incidental, special, or consequential loss, or any loss of profit, opportunity, or data, arising out of or in connection with your use of the Services.

10.2 Without limiting clause 10.1, Fixstead is not liable for any loss or dispute arising from: the condition, description, price, legality, or suitability of any property; any dealing, agreement, or dispute between a buyer and a seller; the conduct of any user; the accuracy of any listing or calculator estimate; or any renovation, transaction, or transfer.

10.3 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act 68 of 2008 where it applies.

10.4 To the extent we are found liable despite the above, our total liability to you is limited to the amount of the Listing Fee you paid to us in respect of the relevant listing.

11. Indemnity

You agree to indemnify and hold Fixstead harmless from any claim, loss, or expense (including reasonable legal costs) arising from your breach of these Terms, your listings or content, your dealings with other users, or your use of the Services.

12. Suspension and termination

12.1 You may stop using the Services at any time.

12.2 We may suspend or terminate your access to the Services, or remove your listings or account, if you breach these Terms or where we reasonably consider it necessary to protect the Services or other users.

12.3 Termination does not affect any rights or obligations that arose before termination, including any obligation to pay, or any non-refundable Listing Fee already charged.

13. Changes to these Terms and the Services

We may update these Terms from time to time. Changes take effect when we post the updated Terms on the Site, with a revised “Last updated” date. Your continued use of the Services after that constitutes acceptance. We may also change, suspend, or discontinue any part of the Services at any time.

14. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. You agree to the jurisdiction of the South African courts. We encourage you to contact us first to resolve any dispute informally.

15. General

15.1 If any provision of these Terms is found unenforceable, the rest remain in effect.

15.2 Our failure to enforce any provision is not a waiver of it.

15.3 These Terms are the entire agreement between you and us regarding the Services and, together with our Privacy Policy, supersede any prior understanding.

16. Contact us

Questions about these Terms can be sent to:

• Fixer Upper Properties (Pty) Ltd (trading as Fixstead)
• Email: tayla@fixstead.co.za
• Address: PO Box 3351, Tyger Valley, 7536