Terms and Conditions

1. Introduction and Acceptance

Welcome to .... These Terms and Conditions (“Terms”) govern your access to and use of our property management platform, website, and related services (collectively, the “Platform”).

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

These Terms are governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Consumer Protection Act 68 of 2008 (“CPA”), and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

2. Definitions

• “Platform” means the ... website and application
• “User” means any person who accesses or uses the Platform
• “Tenant” means a User who has a lease agreement managed through the Platform
• “Landlord” means a property owner whose properties are managed through the Platform
• “Administrator” means authorised personnel who manage the Platform
• “Services” means all property management services provided through the Platform

3. ECTA Compliance Information

In accordance with section 43 of ECTA, we provide the following information:

4. User Registration and Accounts

To access certain features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.

5. Software as a Service (SaaS)

The Platform is provided as a Software as a Service (SaaS) solution. By using the Platform, you acknowledge that:

• You are granted a limited, non-exclusive, non-transferable license to access and use the Platform
• The software remains the property of ... at all times
• You do not acquire any ownership rights in the software
• Access is provided on a subscription or usage basis as agreed
• We may update, modify, or improve the Platform from time to time

Important: ... is a software provider only. We are not a registered property practitioner, estate agent, or property management company. We do not hold a Fidelity Fund Certificate and do not manage properties, collect rent, or handle tenant deposits on behalf of users. Users are responsible for their own compliance with property-related regulations.

6. Services Description

The Platform provides property management software tools including, but not limited to:

• Tenant and lease management
• Rental payment recording and tracking
• Property and unit management
• Document storage and management
• Property inspection records
• Communication between landlords and tenants
• Maintenance request management
• Financial reporting

7. User Obligations

When using the Platform, you agree to:

• Comply with all applicable South African laws and regulations
• Use the Platform only for lawful purposes
• Not attempt to gain unauthorised access to any part of the Platform
• Not interfere with or disrupt the Platform or servers
• Not upload malicious software, viruses, or harmful code
• Not impersonate any person or entity
• Not use the Platform for spam, phishing, or fraudulent activities
• Respect the rights and privacy of other users

8. Rental Housing Act Compliance

Where applicable, the Platform facilitates compliance with the Rental Housing Act 50 of 1999. Users acknowledge that:

• All lease agreements are subject to the Rental Housing Act
• Tenants have rights as prescribed by the Act, including privacy and fair treatment
• Landlords must provide reasonable notice before property inspections
• Deposits must be handled in accordance with legal requirements
• Evictions must follow proper legal procedures

The Platform is a management tool and does not constitute legal advice. Users should seek independent legal advice for specific legal matters.

9. Electronic Signatures

The Platform may facilitate electronic signatures for documents such as lease agreements and inspection reports. In accordance with ECTA, electronic signatures used on the Platform have legal validity. By using the electronic signature feature, you consent to conducting transactions electronically and acknowledge that your electronic signature is legally binding.

10. Payment Terms

Where the Platform facilitates payments:

• All amounts are in South African Rand (ZAR) unless otherwise stated
• Payment records are maintained for reference and reporting purposes
• Users are responsible for ensuring payment information is accurate
• Transaction records are retained as required by law

11. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, and software, are the property of ... or its licensors and are protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

12. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you consent to our data practices as described in the Privacy Policy.

13. Limitation of Liability

To the maximum extent permitted by South African law:

• The Platform is provided “as is” without warranties of any kind
• We do not warrant that the Platform will be uninterrupted, error-free, or secure
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you for services in the preceding 12 months

Nothing in these Terms excludes or limits liability that cannot be excluded under South African law, including liability for fraud or gross negligence.

14. Indemnification

You agree to indemnify and hold harmless ..., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

15. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall remain in effect.

16. Consumer Protection Act Rights

Where applicable, consumers have rights under the Consumer Protection Act, including but not limited to the right to fair and honest dealing, the right to disclosure and information, and the right to fair value and quality. Nothing in these Terms is intended to limit your statutory rights under the CPA.

17. Cooling-Off Period

In accordance with Section 44 of ECTA and the Consumer Protection Act:

• You have the right to cancel your subscription within 7 (seven) days of initial registration without penalty
• To exercise this right, contact us at ... within the cooling-off period
• Refunds for the cooling-off period will be processed within 15 business days
• This right applies to new subscriptions and does not apply to renewals where you have been using the service

After the cooling-off period, cancellations are subject to our standard cancellation policy as outlined in Section 15.

18. Your Data

We recognise that you retain ownership of the data you input into the Platform:

• Data Ownership: All property, tenant, lease, and financial data you enter remains your property
• Data Export: You may request an export of your data at any time
• Data Retention: Upon account termination, we will retain your data for 30 days to allow for export, after which it will be securely deleted
• Data Backup: We maintain regular backups to protect against data loss, but recommend you keep your own records

We may use anonymised, aggregated data for analytics and service improvement purposes. Such data will never identify you or your tenants.

19. Dispute Resolution

Any dispute arising from these Terms shall be resolved as follows:

1. Negotiation: Parties will first attempt to resolve disputes through good faith negotiation
2. Mediation: If negotiation fails, parties may agree to mediation
3. Litigation: Disputes may be referred to the South African courts with jurisdiction

For rental-related disputes, tenants may also approach the Rental Housing Tribunal in their province.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the South African courts for any disputes arising from these Terms.

21. Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified through the Platform or by email. Continued use of the Platform after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

23. Contact Information

For questions about these Terms, please contact us: