Terms and Conditions

TERMS OF USE

1.              These terms and conditions are the contract between Realtech Property Management Proprietary Limited, any person visiting or using amongst others our Website, the RealTech Platform and persons becoming Landlords and/or Tenants. 

2.              By visiting or using our Platform, you agree to be bound by the applicable terms set out herein. Content on the Platform includes our own content and many include certain adverts by our suppliers and/or service providers.

3.              For purposes of becoming a Member - by completing your information in the application and clicking “ACCEPT”/ or similar wording on your device you, are agreeing to and will be bound by our terms of use.

4.              Please read these terms carefully. Certain terms of use apply to visitors on our website while others are specific to Members.

5.              If you do not agree with these terms as a visitor or user of the Platform, you should leave our Website immediately.

6.              If you do not wish to be bound by the terms and conditions of use you must click “DO NOT ACCEPT” in which event your membership cannot be activated. We charge a monthly membership fee for Landlords and you will be debited in accordance with your selected package, there is currently no monthly fee for Tenants. 

7.              You must be over 18 and provide full and accurate information when registering or using the Platform. We reserve the right to refuse activating membership. We may refuse to facilitate products or services if we are unable to verify any of the information you provide us. You will be in material breach if the information provided is false or misleading and we reserve the right to cancel your membership without refunding you any fees paid.

We may collect and process your personal information in connection with your use of our Platform and more particularly in connection with your registration, access to and use thereon. By using our Platform and completing the registration process you are consenting to provide such personal information. Registration as a Member may include a credit assessment. Our collection and processing of personal information is governed by our privacy policy

WHO ARE WE AND WHAT DO WE DO 

8.              RealTech Property Management is an online Platform (consisting of secure, proprietary information technology protocols and systems) which facilitates communication between Landlords and Tenants, operates a wallet system, requiring Tenants to pre-load their wallet to purchase electricity and pay their rental, provides an automatic invoicing system and an automated reporting system. Our primary focus centres around the interaction between the payment of rent and the purchasing of electricity and in this regard for our service offering to work optimally the Landlord is required to purchase a RealTech Smart Box (which must be installed by one of our registered installers). [Note: RealTech Smart Box should be hyperlinked so it can take users to a page for more information, how this works and the terms of use specific to the box.]

9.              The Platform will evolve over time to increasing our service offering and adding benefits to Landlords and Tenants.

10.           Laws and standards apply to leasing of residential properties. Landlords alone are responsible for ensuring that they comply with laws, rules and regulations relating to leasing residential property to consumers and likewise, Tenants alone are responsible for ensuring they comply with the terms of the lease agreement and use of the property.

1.              DEFINITIONS AND INTERPRETATION 

1.1.          In this Agreement, the following capitalised words will have the following meaning unless otherwise clearly indicated by the content:

1.1.1.                “Account” means an account registered by a Landlord or a Tenant, which enables and gives the Member access to the Platform and its content; 

1.1.2.                “Agreement” means these terms and conditions and conditions of use, and any amendments thereto, from time to time;

1.1.3.                “Intellectual Property” means intellectual property owned by RealTech Property, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights; 

1.1.4.                “Landlord” means an natural person and or entity who signs up as a “Landlord” and is so designated on the Platform; 

1.1.5.                “Members” means collectively a Landlord and a Tenant and reference to a “Member” shall be to either of them as the context may require; 

1.1.6.                “Parties” means collectively Realtech Property and the Members; 

1.1.7.                “RealTech Property” means RealTech Property Management Proprietary Limited, Registration No. [?], a private company registered and incorporated in accordance with the laws of South Africa;

1.1.8.                “Platform” means the online platform hosted at [?], which platform contains proprietary information, including amongst other things, texts, graphics, images, software, and any other information; 

1.1.9.                “South Africa” means the Republic of South Africa; 

1.1.10.             “Tenant” means any natural person and/or entity who signs up as a “Tenant” and is so designated on the Platform; 

1.1.11.             “Website” means the RealTech Property Website, hosted at [?] and any other internet site through which RealTech Property makes its services available; 

1.2.          In this Agreement clause headings are for convenience only and shall not be used in its interpretation. 

1.3.          An expression which denotes:

1.3.1.                one gender, includes the other; 

1.3.2.                the singular includes the plural and vice versa; and 

1.3.3.                a natural person includes a juristic person and vice versa

1.4.          This Agreement shall be governed by and construed and interpreted in accordance with the laws of the South Africa. 

2.              REGISTERING AN ACCOUNT

2.1.          Consumers who wish to register as Members must be over 18 years old and provide full and accurate information when applying for an Account. Membership is conditional on an Account being registered via the Platform. Members warrant the accuracy of the information provided.

2.2.          Members consent to RealTech Property doing a credit check, consumer profile analysis and any other verification which RealTech Property may in its reasonable discretion require. RealTech Property may require information in terms of the Financial Intelligence Centre Act 38 of 2001 (as amended). Members are referred to RealTech Property’s Privacy Policy which regulates the storage and use of information provided.

2.3.          An Account is linked to a specific email and password.

2.4.          RealTech Property will be gathering metrics from the use of Members to be able to provide effective reporting to Landlord’s and Tenant’s. 

2.5.          Tenant’s will be unable to purchase electricity through the Platform if they have not paid their rent. Once a RealTech Smart Box is installed, the Tenant will only be able to acquire RealTech Electricity Voucher through the Platform. 

2.6.          Landlords are required to stipulate the maximum amount of electricity a Tenant will be able to purchase each month. Each Tenant will be allowed one “Emergency Top Up” per month. [Note: Emergency Top Up  should be hyperlinked and a new page explaining the electricity process and how it works.]

3.              USE 

3.1.          RealTech Proeprty licenses parties to access the Websites and grants Members the use of the Platform provided that such use is for personal use and benefit of Members only.

3.2.          Use of the Platform is permitted for lawful purposes only. Unauthorised use of the Platform includes posting or transmission of data which violates or infringes in any way upon a Member rights or third parties’ rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Platform may lead to RealTech Property instituting legal proceedings against the offender.

3.3.          All licenses and/or permissions granted by RealTech Property are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by RealTech Property at any time and without prior notice or reasons.

3.4.          Members and other users recognise that there may be a data charge by third party service providers in respect of the use of the Platform. RealTech Property provides the Platform and it is the Member’s responsibility to acquire and maintain at their cost the necessary accessories and third party services, including specifically but not limited to data bearer services, to use the Platform.

3.5.          The use of the RealtTech Electricity Box and the issuing of RealtTech Electricity Vouchers through the Platform will be subject to the terms of use of such boxes and vouchers. [Note: terms of use should be hyperlinked. We need to check if there are specific terms of use for the boxes and the vouchers from recharger.]

3.6.          RealTech Property takes all reasonable steps to check the authenticity and security of the payment portals through which Tenants load their wallets. It is the Tenant’s responsibility when using the third party payment platforms to ensure the accuracy and integrity of the information provided for payment and that payment has been duly processed.

4.              INTELLECTUAL PROPERTY

4.1.          Intellectual Property including intellectual property in respect of the Platform is the property of to RealTech Property and as such, is protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties. Subject to the rights licensed to Members, RealTech Property and / or its partners and affiliates reserve all other rights to all intellectual property in respect of the Platform.

4.2.          No person may amend, copy, use, decompile and / or reverse engineer the source code of the software making up the Platform or otherwise use the Intellectual Property except as directly intended by this Agreement.

4.3.          No person may do anything or cause anything to be done which does or might reduce the value of the Intellectual Property and parties agree to notify RealTech Property of any suspected infringement of the Intellectual Property.

4.4.          Counterparties to these terms and conditions undertake, so far as concerns works provide or made available by RealTech Property, they will not:

4.4.1.                use it in any way not anticipated by this Agreement;

4.4.2.                give access to it to any other person than the licensee;

4.4.3.                in any way provide any information about it to any other person or person generally save as contemplated in this Agreement.

5.              DISCLAIMERS AND LIMITATION OF LIABILITY 

5.1.          The law differs from one country to another. This paragraph applies so far as the applicable law allows.

5.2.          All implied conditions, warranties and terms are excluded from this Agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

5.3.          RealTech Property makes no representation or warranties that the Website and/or use of the Platform will be:

5.3.1.                useful to all visitors;

5.3.2.                of satisfactory quality;

5.3.3.                fit for a particular purpose;

5.3.4.                available without interruption or error.

5.4.          RealTech Property disclaims any obligation or liability to non-Members arising directly or indirectly from their use of the Website.

5.5.          RealTech Property shall not be liable for any consequential, economic or other loss even if such loss was reasonably foreseeable or RealTech Property knew it might be incurred.

5.6.          RealTech Property will take all reasonable steps to ensure that the Platform correctly records and facilitates transactions between Tenants and Landlords. But RealTech Property is not liable for the performance of a Landlord or a Tenant. RealTech Property’s responsibility is limited to the integrity of the Platform. 

5.7.          RealTech Property does not guarantee that transactions can be performed at all times. RealTech Property is in no way liable for circumstances beyond its control, such as functioning of banking systems, payment provider systems, network failure, device malfunctions and other systems and equipment relevant to accessing the Platform.

5.8.          Complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, RealTech Property gives no warranty or representation that the Platform will be wholly free from defects, errors and bugs.

6.              PRIVACY POLICY, SECURITY AND CONTENT

6.1.          By using the Platform, Members authorise RealTech Property to electronically collect, store and use personal and other information. The purpose, use and protection applicable to this information is set out in RealTech Property’s Privacy Policy which forms part of this Agreement. Members of the Platform are directed to this Privacy Policy.

6.2.          An Account will be encrypted and access restricted by means of a password or other encryption measures. RealTech Property will take measures, within reason, to ensure that the use of the Platform is protected from unauthorised access and that the information provided by and collected from Members is not revealed to unauthorised recipients. RealTech Property does not, however, warrant that these measures will result in information being absolutely secure.

6.3.          Information, ideas and opinions expressed via the Platform should not be regarded as professional advice or the official opinion of RealTech Property and Members are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the Platform.

6.4.          RealTech Property does not make any warranties or representation that content and services available via the Platform shall in all cases be true, correct or free from any errors. RealTech Property shall take all reasonable steps to ensure the quality and accuracy of content posted, by RealTech Property to users.

7.              NOTICES AND DOMICILIUM 

The Member choose his or her domicilium citandi et executandi (address for notices and communications) for all purposes under this Agreement at the address (including email address or mobile number) provided in the application.

8.              GENERAL 

8.1.          This Agreement constitutes the entire agreement between the Parties in respect of the subject matter thereof and no other conditions, warranties and representations shall be of any force or effect other than those, which are included herein.

8.2.          The platform and scope of business is constantly evolving. RealTech Property may at any time amend these terms and conditions and will give Members reasonable notice of such amendments.

8.3.          No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by RealTech Property.

8.4.          No failure by a Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

8.5.          RealTech Property shall be entitled to without notice to Members cede or assign all or any of their rights and obligations hereunder.

8.6.          Members shall not be entitled to cede or assign any of its rights or obligations under this Agreement without RealTech Property’s prior, written consent.

8.7.          In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable provided that the remaining provisions shall remain of full force and effect. If any valid term is capable of amendment to render it valid, the Parties agree to negotiate an amendment to render it valid.

8.8.          The termination of this Agreement will not affect those provisions which of necessity must continue to have effect after termination.