Terms & Conditions

1.1Kerb is provided by Dynamus Technologies CC, trading as Kerb, registration number 2002/080618/23, of 22 Magwa Crescent, Gateway West, Midrand, 2066.

1.2These terms are an agreement between you and Kerb. They apply whether you use Kerb to list a property, to compete for mandates as an agent, or simply to browse.

1.3By publishing a listing, submitting an application as an agent, or continuing to use Kerb, you agree to these terms. If you do not, do not use Kerb.

1.4Kerb is offered in South Africa only, and to people aged 18 or over.

1.5If Kerb moves to another company. We may transfer these terms, and our rights and obligations under them, to a company that takes over the Kerb business — for example a company formed to run Kerb, or one that buys it as a going concern. We will tell you at least 30 days before it happens, and name the new company. Your rights under these terms, and our commitments in the Privacy Policy, stay the same. You may not transfer your account or these terms to anyone else without our written agreement.

2.1Kerb is a marketplace. A homeowner describes a property they intend to sell; verified estate agents who work that area compete for the mandate by sending proposals; the homeowner decides who, if anyone, to speak to.

2.2Kerb is not an estate agency. We do not market property, we do not negotiate, and we do not act for either side in a sale. We are not a property practitioner and we do not hold a Fidelity Fund Certificate.

2.3Kerb is not a valuer. Anything on Kerb that estimates what a property might be worth — including comparative reports built from deeds data — is an indication, not a valuation, and must not be relied on as one.

2.4Nothing on Kerb is advice. Not legal, not financial, not tax, not property advice. Get your own.

2.5A proposal is not a mandate. Nothing you do on Kerb appoints an agent. A mandate is a separate agreement, signed by you, directly with an agent, on their paper. Kerb is not a party to it and takes no rights under it.

2.6We do not guarantee that you will receive any proposal, that any agent will be suitable, or that your property will sell.

3.1You may hold one account. It is personal to you and you may not let anyone else use it.

3.2What you tell us must be accurate and kept up to date. Much of what Kerb does depends on it — a listing in the wrong suburb reaches the wrong agents, and a number that is not yours cannot be verified.

3.3We verify your mobile number by sending a code to it. You may not use a number you do not control.

3.4Keep your access secure and tell us immediately if you think it has been compromised.

3.5You may close your account at any time. §10 says what happens when you do.

4.1You must be entitled to sell. By publishing a listing you confirm that you own the property or are otherwise entitled to appoint an agent for it, and that you intend to sell it.

4.2Listing is free. Sellers pay Kerb nothing — not to list, not to receive proposals, and not to appoint an agent through us. Agents may pay Kerb a fee for business they win through Kerb (§6). It is never added to what you pay, and it never changes the commission you agree with your agent.

4.3Listing creates no obligation. You are not required to appoint anyone. You may take your listing down or pause it whenever you like.

4.4What you publish must be accurate. Describe the property honestly, and use only photographs you are entitled to use. Do not publish a property that is not yours.

4.5If an agent already holds a mandate over the property, tell us when you list. A sole mandate may restrict what you are allowed to do, and that is a matter between you and that agent.

4.6Your contact details stay hidden until you share them. When you share, that agent may contact you directly. We cannot recall what you have shared — §4.5 of the Privacy Policy explains what we can do instead.

4.7Listings run for a defined window and may lapse if nothing happens. You will be told before that happens.

4.8Messages about your listing. While your listing is taking proposals, we tell you about it by SMS and email, and on WhatsApp once you have opted in there: each proposal as it arrives, the window closing, and the choices open to you. These messages are part of the service. §5.6 of the Privacy Policy explains how to switch them off, and what you would then miss.

5.1Verification is a condition of access. You must hold a valid Fidelity Fund Certificate. We check it before you see a single mandate, and again when it expires. No valid certificate, no access — not a limited account, none. Your certificate is read by an AI model and held against what you told us; with the agreement you give when you finish your application, in the box where you accept these terms, we also check the ID number you give us against Home Affairs and your agency’s registration against the CIPC register. A person reads the answers beside your certificate before deciding.

5.2The details we show you back come from the register. If they are wrong, they must be corrected there first.

5.3You must not use another person’s certificate number, or apply on behalf of someone who cannot apply themselves.

5.4Where you say you work must be where you work. You may add a suburb you have no recorded sales in — and you will show as having sold none there, on every proposal, which we cannot change any more than you can.

5.5A proposal must be honest and complete. It must state your commission, the mandate type and period you are asking for, and what you will actually do. Do not misrepresent your record, your agency, or what a property is likely to achieve.

5.6Do not contact a seller outside Kerb before they share their details with you. Identifying a seller from their listing and approaching them directly defeats the only promise the platform makes. It will end your access.

5.7Once a seller shares their details, they are yours to hold under your own obligations — as a property practitioner and as a responsible party under POPIA. If a seller withdraws, stop contacting them.

5.8Automatic bidding submits proposals on your behalf under rules you set. They are your proposals and you are responsible for them.

5.9If you practise under an agency, your bidding may run on the agency’s account and the agency settles it. A proposal belongs to the agency it was submitted under.

5.10We may remove you for any of the above, and for abusive conduct toward a seller or toward our staff.

6.1Sellers pay nothing — not to list, not to receive proposals, and not to appoint an agent. Agents may pay Kerb a fee for business they win through Kerb. That fee is never added to what a seller pays and never changes the commission a seller agrees with their agent. It has no effect on which proposals a seller sees, or the order they appear in.

6.2Free during the founding period. Kerb is free for agents during its founding period. No fee of any kind is payable on a proposal submitted during it — not when a seller shares their details with you, not when you are appointed, and not when the property sells. The founding period ends only after the notice in 6.9.

6.3How a fee is set. Fees are set out in the fee schedule for the territory in which the property is located. The schedule says what the fee is, what it is calculated on, and the moment it becomes due. A fee may be a fixed amount, or a percentage of the commission you earn on a mandate won through Kerb. It may become due when a seller shares their details with you, when you are appointed, or when the sale transfers.

6.4Shown before you submit, fixed when you do. The fee that would apply to a proposal, and when it would become due, are shown to you before you submit it. By submitting, you accept them. That fee is then fixed for that proposal and for any mandate that follows from it: a later change to the fee schedule never applies to it. We keep a record of the fee shown with each proposal, and you can see it on the proposal. Where you use automatic bidding, the fee is shown to you when you set it up; when the fee schedule changes, automatic bidding pauses until you accept the new fee.

6.5A fee based on commission. Where a fee is a percentage of your commission:

6.6Who pays. Where you propose under an agency, the fee is charged to the agency’s account (5.9); otherwise to you. Fees are exclusive of VAT.

6.7Invoicing. Fees are invoiced monthly in arrears and are payable within 30 days of the invoice date. Kerb never receives or stores card or bank details; payment is made on the payment provider’s own page.

6.8Credits. Where a fee is charged for a connection, it is credited where the seller does not respond to your reasonable attempts at contact within seven days and confirms to Kerb that they are not proceeding, or where the seller held an undisclosed signed mandate at the time of the connection. It is not credited because a mandate was not awarded.

6.9Changes to the fee schedule. We will give at least 10 days’ notice, by email and in Kerb, before we end the founding period, introduce a fee, or increase one. A new or higher fee applies only to proposals you submit after it takes effect, and you accept it each time you submit (6.4).

6.10If an invoice goes unpaid past its terms we may suspend bidding until it is settled. We will tell you before we do, and you will be able to see the account that caused it.

6.11The fee is between you and Kerb. Kerb is not a party to your mandate and takes no rights under it (2.5). You may not pass a Kerb fee on to the seller. A Kerb listing is not an advertisement of the property for sale.

You may not:

• scrape, copy, or systematically extract listings, agent records or deeds data from Kerb;
• use automated means to access Kerb, other than the features we provide;
• attempt to identify or contact a seller outside Kerb before they have shared their details with you;
• circumvent the platform to avoid a fee that is due;
• misrepresent who you are, who you work for, or what your record is;
• publish anything unlawful, misleading, discriminatory or abusive;
• interfere with the security or operation of Kerb, or probe it without our written permission;
• use anything you find on Kerb for your own marketing, or pass it to anyone who will.

7.1We may investigate suspected breaches, and we may suspend access while we do.

8.1What you publish stays yours. Your listing text and your photographs remain your property.

8.2You give Kerb a licence to host, display and reproduce that content for the purpose of running the marketplace — showing it to matched agents, and in your own reports. The licence ends when the content is removed, except where we are obliged to keep a copy.

8.3You confirm you have the right to give that licence, including for photographs taken by someone else.

8.4What is ours stays ours. The Kerb name, marks, the site, its software, and the compilations and reports we build — including how deeds data is assembled and presented — belong to Kerb.

8.5Proposals you submit as an agent may be shown to the seller they were made to, kept in that seller’s record, and used by us in anonymised, aggregated form for reporting.

8.6If you think something on Kerb infringes your rights, write to us at support@kerb.properties and we will act on it.

8.7Public data we build on. Suburb and municipal boundaries on Kerb derive from Statistics South Africa (Census 2011 geography) and the Municipal Demarcation Board. Their data remains theirs and is used with acknowledgement; the compilation and presentation are ours. Nothing in these terms grants you rights in either.

9.1Kerb is provided as it is. We do not promise it will be uninterrupted or error-free, and we may change or withdraw features.

9.2We are not responsible for agents, and we are not responsible for sellers. Verification confirms a certificate; it is not a guarantee of competence, honesty or outcome. What passes between a seller and an agent after details are shared is between them.

9.3We do not guarantee a sale, a mandate, a proposal, or any price.

9.4Information from third-party records — the deeds registry, the Home Affairs population register, the CIPC companies register and the certificates the PPRA issues — is reproduced as we receive it. We do not warrant that it is accurate, complete or current.

9.5We are not liable for indirect or consequential loss, or for loss of profit, opportunity or goodwill.

9.6Our total liability to you for all claims arising in any twelve-month period is limited to the greater of R10 000 and the fees you paid us in the twelve months before the event giving rise to the claim.

9.7Nothing in this section limits liability that cannot lawfully be limited — including under the Consumer Protection Act — or liability for our own fraud or gross negligence.

10.1You may stop using Kerb at any time. Sellers may take a listing down or pause it; agents may close their account.

10.2We may suspend or end your access if you breach these terms, if an agent’s certificate lapses or is withdrawn, if an invoice goes unpaid past its terms, or if we are required to by law. Except where the breach is serious, we will tell you first and give you a chance to fix it.

10.3If a seller takes a listing down, it stops being visible, live proposals close, and — where no details have been shared — nothing identifying the property is kept. Where details have already been shared, we cannot recall them; we will notify the agents concerned on your behalf if you ask.

10.4If an agent’s access ends, live proposals are withdrawn, sellers who received them are told, and any amount already invoiced remains payable.

10.5Sections 8, 9, 11 and 13 survive the end of this agreement, as does anything the Privacy Policy says we keep.

11.1These terms are governed by the law of the Republic of South Africa.

11.2Talk to us first. Write to support@kerb.properties and we will try to resolve it within 15 business days.

11.3If that fails, either of us may propose mediation by a mediator we both agree on, with the cost shared equally. Mediation is voluntary and does not stop either of us from going to court. Failing resolution, the courts of South Africa have jurisdiction, and you consent to the jurisdiction of the Magistrates’ Court under section 45 of the Magistrates’ Courts Act, without limiting our right to proceed in the High Court. Where both parties are juristic persons to whom the Consumer Protection Act does not apply, they may agree in writing at the time to refer a dispute to arbitration instead.

11.4This does not take away your rights. As a consumer you may refer a complaint to the National Consumer Commission or an accredited ombud. A complaint about personal information goes to the Information Regulator. A complaint about an agent’s conduct goes to the PPRA.

11.5If any part of these terms is unenforceable, the rest continues to apply.

12.1We may change these terms. The current version is always here, with the date it took effect.

12.2For a material change we will give 30 days’ notice by email or in the product before it takes effect. Continuing to use Kerb after that is acceptance. If you would rather not accept, close your account before the date.

12.3A change to these terms does not change what you have already consented to under the Privacy Policy.

12.4Every version of these terms is dated and kept. You may ask us for the version that applied on any date.

13.1Legal notices to Kerb: 22 Magwa Crescent, Gateway West, Midrand, 2066, marked for the attention of Jaco Gerrits, with a copy to support@kerb.properties.

13.2Notices to you go to the email address or mobile number on your account. It is your responsibility to keep those current.

13.3Support: support@kerb.properties.

13.4Dynamus Technologies CC, registration number 2002/080618/23, 22 Magwa Crescent, Gateway West, Midrand, 2066. Member: Jaco Gerrits. These terms are published at kerb.properties/terms, where they can be printed and stored; the Privacy Policy is at kerb.properties/privacy.