Terms & Conditions

Website Terms of Use

Effective date: 04 August 2026

1. Acceptance of these terms

These Terms of Use govern access to and use of westown.co.za (the “website”). The website is operated by Fundamentum Dev Co. (Pty) Ltd, registration number 2016/357982/07 (“Westown”, “we”, “us” or “our”).

By using the website, you agree to these terms. If you do not agree, please stop using the website. Our Privacy Policy also applies to your use of the website.

2. About the website

The website provides general information about Westown, its precincts, developments, amenities, opportunities, events, partners and activities. It may also allow you to submit enquiries, subscribe to communications, follow links or access content supplied by third parties.

Unless expressly stated otherwise in a separate written agreement, website content is provided for general information only and does not constitute professional, legal, financial, investment, property or other advice.

3. Development, property and investment information

Information concerning future developments, development rights, investment values, expected timeframes, tenants, facilities, job creation, infrastructure, plans, layouts, measurements, specifications, renders and artist impressions is indicative and may change as planning, approvals, procurement, construction, market conditions and development requirements evolve.

Nothing on the website constitutes an offer, guarantee, warranty or binding commitment to sell, lease, develop, deliver or complete any property, facility, investment or opportunity. Any transaction is subject to due diligence, availability, approvals and the terms of definitive written agreements signed by the relevant parties. Prospective purchasers, tenants, developers and investors should obtain independent professional advice and rely only on the applicable signed agreements.

4. Accuracy and availability

We take reasonable steps to keep website information useful and current, but we do not warrant that all content is complete, accurate, error-free or continuously available. Dates, operating hours, event details, tenant information, prices, availability, access arrangements and development information may change without notice.

We may update, suspend or withdraw any part of the website at any time. Where current information is important, please confirm it directly with the relevant Westown team, tenant, developer, operator or service provider.

5. Enquiries and communications

Submitting an enquiry does not create a contract, reservation, mandate, lease, sale, investment relationship or other obligation. We may route an enquiry to the appropriate Westown team or authorised partner. A transaction or appointment becomes binding only when recorded in a separate written agreement signed or accepted by the authorised parties.

You are responsible for ensuring that information submitted through the website is accurate, lawful and not misleading. You must not submit confidential, sensitive or third-party information unless you are authorised to do so and it is reasonably necessary for the enquiry.

6. Events, promotions and third-party offerings

Events, promotions, competitions, tenant offers and activities may be subject to separate rules, capacity limits, booking conditions, age restrictions, charges, health and safety requirements or cancellation terms. Those specific terms will apply in addition to these Terms of Use.

Tenants, developers, event operators and other third parties are responsible for their own goods, services, representations and contractual obligations. Unless expressly stated otherwise, Westown does not act as their agent and is not a party to transactions concluded directly with them.

7. Acceptable use

You may use the website only for lawful purposes. You must not:

  • interfere with, damage, disable, overload or compromise the website or its security;
  • introduce malware, harmful code or automated requests that place an unreasonable load on the website;
  • attempt to gain unauthorised access to systems, accounts, data or restricted areas;
  • collect information about other users without authority;
  • submit unlawful, fraudulent, defamatory, infringing, abusive or misleading content;
  • impersonate another person or misrepresent your authority or affiliation; or
  • use website content for unlawful commercial exploitation or in a way that infringes our or another party’s rights.

8. Intellectual property

The website and its content—including text, branding, names, logos, photographs, videos, graphics, designs, maps, plans, layouts, renders, downloads and software—are owned by or licensed to Westown or the relevant rights holder and are protected by intellectual-property law.

You may view and make a reasonable personal copy of website content for lawful, non-commercial information purposes. You may not reproduce, adapt, publish, distribute, commercially exploit, frame, scrape or create derivative works from the website or its content without prior written permission from the relevant rights holder.

“Westown” and related branding may not be used in a way that suggests endorsement, association or authorisation without written consent.

9. User submissions

If you submit feedback, suggestions, images or other content, you confirm that you have the right to do so and that the content is lawful. You grant us a non-exclusive, royalty-free licence to use that content only to manage the relevant interaction, operate or promote Westown where you have agreed to such use, or as otherwise stated when the content is collected. This clause does not transfer ownership of your personal information and remains subject to our Privacy Policy.

10. Third-party links

Links to third-party websites or platforms are provided for convenience. We do not control and do not necessarily endorse their content, availability, security, privacy practices, goods or services. Your use of a third-party platform is governed by that party’s terms.

11. Disclaimer and limitation of liability

To the fullest extent permitted by law, the website is provided on an “as is” and “as available” basis. We exclude warranties not expressly stated in these terms, but nothing in these terms excludes a warranty or right that cannot lawfully be excluded.

To the fullest extent permitted by law, Westown and its directors, officers, employees, agents and service providers will not be liable for indirect, incidental, special or consequential loss arising from use of, inability to use, or reliance on the website or linked third-party content. This includes loss caused by service interruption, inaccurate or outdated information, malware or unauthorised access, except to the extent caused by liability that cannot lawfully be limited.

Nothing in these terms limits liability for fraud, wilful misconduct, gross negligence where it may not lawfully be limited, or any other liability that South African law does not permit us to exclude.

12. Privacy and electronic communications

Our processing of personal information is governed by the Privacy Policy. Marketing communications will include an appropriate method to opt out, and you may object to direct marketing at any time.

13. Changes to the website or these terms

We may amend these terms from time to time. The version published on the website at the time of use will apply. Material changes may be highlighted on the website or communicated through another appropriate channel.

14. Governing law and jurisdiction

These terms are governed by the laws of the Republic of South Africa. Subject to any mandatory consumer right or dispute process, the courts of South Africa with jurisdiction will hear disputes arising from these terms or the website.

15. General

If any provision is found invalid or unenforceable, the remaining provisions will continue to apply. A failure or delay in enforcing a right is not a waiver of that right. These terms and the Privacy Policy constitute the website-use agreement between you and us, without replacing any separate written agreement relating to a property, lease, event, service or other transaction.

16. Contact information