Terms – Rent Easy

Terms and Disclaimer

The website's content and the product for sale is based upon the author's opinion and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You should do your own research and confirm the information with other sources when searching for information regarding health issues and always review the information carefully with your professional health care provider before using any of the protocols presented on this website and/or in the product sold here. Neither the affiliate nor the author are engaged in rendering medical or similar professional services or advice via this website or in the product, and the information provided is not intended to replace medical advice offered by a physician or other licensed healthcare provider. You should not construe the affiliate's sale of this product as an endorsement by the 3rd party of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of advice made by the author of the product.

Rent Easy (the "Site") is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. rent-easy.co.za MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR OF THE MODIFIED AGREEMENT.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are rent-easy.co.za, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to our product by all means and in any media now known or hereafter developed. You also grant to us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Rent Easy

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of the product owner. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Rent Easy. does not operate, control or endorse any information, products or services on the Internet in any way. Except for rent-easy.co.za. - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with Rent Easy . You also understand that Rent Easy. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. This product DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Rent Easy HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL Rent Easy. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN rent-easy.co.za. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES Rent Easy. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

This product makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non product web site, please understand that it is independent from our product, and that has no control over the content on that web site. In addition, a link to a product web site does not mean that we endorse or accept any responsibility for the content, or the use, of such web site.

Indemnification.

You agree to indemnify, defend and hold harmless the product, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of this company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason.

The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

Any rights not expressly granted herein are reserved.

Terms and Conditions of Use: www.rent-easy.co.za

Introduction to Terms
This document sets out the Terms and Conditions of Use (“Terms”) in favour of Accredited Rentals Proprietary Limited trading as Rent Easy (“ RE”), regulating the access of and use of all services and functions provided on the website of RE, being www.rent-easy.co.za (the “ Platform”), which includes all payment services provided to Members, including payment collection services, and making of payouts (“Payment Services”).
Please read these Terms carefully as they contain important information about your rights, obligations and any remedies available to you. By accessing the Platform, you agree to comply with these Terms, which constitute a legally binding agreement between RE and yourself (as the user of the Platform). Should you disagree with any of the Terms, you must refrain from accessing or using the Platform.
You may only access and use the Platform, and register as a Member (as defined below), if you are at least 18 years old and if you have the legal capacity to enter into valid and binding agreements. Accordingly, in accessing or using the Platform, RE regards this as a representation and warranty that you are at least 18 years old and that you have the legal capacity to enter into valid and binding agreements.
All of RE’s other policies and terms of service, including our Privacy Policy, are applicable to your access and/or use of the Platform and are accordingly incorporated by reference into these Terms.
When these Terms refer to “we”, “us” or “our”, this should be read as a reference to RE and when these Terms refer to “you”, “your” or “user”, this refers to you as the person accessing and/or using the Platform.
RE reserves the right to amend and/or replace any part or the whole of these Terms from time to time, in its sole discretion. Such amendments shall supersede and replace any previous Terms and shall be made available on the Platform. Each time you access the Platform, you shall be deemed to have consented, by such access and/or use, to these Terms, as amended and/or replaced by RE from time to time.
In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Platform shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.

Nature and Scope of Services
The Platform is an online marketplace that facilitates the process whereby persons who own or manage immovable residential property (“ Landlords”) offer such residential accommodation as they may have available for rent (“Rental Property/ies”) to persons seeking to rent immovable residential property (“Potential Tenants”). Landlords and Potential Tenants can only communicate through the Platform where they are registered users of the Platform (“Members”) and, as such, where these Terms refer to “Members”, it includes all registered users of the Platform.
The Landlord may publish details pertaining to the Rental Properties on the Platform, which then enables and facilitates communication and transactions between the Landlord and Potential Tenant. Once a Potential Tenant has taken up the Rental Property from a Landlord and concluded a lease agreement as provided for in these Terms (“Lease Agreement”), the Potential Tenant is then referred to as a “Tenant”.
Although RE owns and provides the Platform, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Rental Properties. It is only Landlords that compile and are responsible for their Rental Properties. As such, when a Potential Tenant takes up a Rental Property from a Landlord, they are concluding an agreement directly with each other. RE is not and does not become a party to any contractual relationship between Landlords, Potential Tenants and/or Tenants, save that the Lease Agreement contains some stipulations for the benefit of and enforceable by RE. These are clearly indicated in the Lease Agreement.
RE does not act as an agent in any way whatsoever for any Landlord, Potential Tenant or Tenant, except as the payment collection agent for the Landlord solely for the limited purpose of accepting funds from and returning funds to Tenants in relation to Rental Properties, as regulated by the Lease Agreement.
Please also note that we cannot guarantee any of the following:
any conduct of any Member, whether in their capacity as a Landlord, Potential Tenant or Tenant;
the features and attributes, suitability, legality, safety and any other characteristics of any Rental Properties provided by a Landlord; or
the correctness or accuracy of any of the Rental Properties’ descriptions, any Ratings, Reviews or other Member Content.
Where a Member is referred to as “verified”, that this merely means that the Member has completed RE’s online identification/verification process - it does not in any way mean that RE endorses or certifies the Member, or that RE has itself confirmed the identity of the Member. All Members, when deciding whether to take up a Rental Property and/or when considering accepting applications for a Rental Property and/or in all communications with other Members, should be appropriately vigilant and act with due care in the circumstances.
Similarly, where images are referred to as “verified”, this means that this is a photographic representation of a Rental Property at the time the photograph was taken and should not be interpreted as an endorsement of any Rental Property or Landlord by RE.

Conditions of Use of the Platform
There may be some features or areas of the Platform and the Payment Services that are subject to fulfilment of particular conditions or requirements, as determined by RE from time to time in its sole discretion. In this regard, RE may require information from Members such as completion of a verification process, providing of rental history, meeting of specific eligibility criteria and meeting particular Ratings or Reviews standards. These will be clearly indicated on the specific section of the Platform where applicable.
Certain features or areas of the Platform may also be subject to separate policies, standards or requirements and, when accessing these, you may be required to accept these additional terms. Should there be any conflict between these Terms and the terms applicable to a specific feature or area of the Platform, the latter terms will take precedence only in respect of your use of that specific feature or area, and the Terms will remain binding insofar as your access to and use of the remainder of the Platform. In particular, some areas of the Platform use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
As indicated above, RE does not carry out any verification of any Member’s identity and, accordingly, RE does not accept any responsibility or liability for confirming such identity. We may, however, request Members to provide us with information so as to provide as transparent a process as possible (naturally with due regard to privacy laws) in order to facilitate communication between Members and assist Members in verifying, where possible the identities and background information of Landlords, Potential Tenants and Tenants. Subject to applicable privacy and data laws, we may:
request Members to provide us with a copy of an acceptable form of official identification, such as a South African ID card, South African ID book, South African driver’s license, Passport, International Driver’s license etc;
screen Members against third party databases or other sources and request appropriate reports from service providers;
make further enquiries and request reports in relation to the validity and ownership of the bank account details which Members provide (“Payment Details”), and in order to comply with South African financial-related legislation and regulations; and/or
obtain reports from public records of criminal convictions.
Should we be unable to obtain or verify the information we require, we may close, suspend or limit your access to the Platform and the Payment Services.
Notwithstanding any verification of a Member’s Payment Details, we disclaim any and all warranties, that any of our checks or verifications will identify prior misconduct by a Member, guarantee that a Member will not engage in misconduct in the future or guarantee that a Member will always make payments as required by these Terms.

Account Registration
In order to list or access a Rental Property, as well as to use and access most features of the Platform, including accessing the Payment Services, you will be required to register as a Member and create an account (your “RE Account”). If you register an RE Account for yourself, you warrant that you have the legal capacity to enter into a legally binding agreement, and if you register an RE Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register your RE Account through providing your email address and creating a password, or you can register through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). The information you provide in the registration process must be accurate, current and complete and you are required to keep your RE Account and your related profile page up to date at all times. RE shall not be liable for any expenses, costs or damages incurred as a result of incorrect information you provide.
We respect your privacy and are committed to safeguarding your privacy online. RE shall protect the personal information of Members and shall comply with the Protection of Personal Information Act (“POPIA”) in this regard. Our comprehensive privacy policy can be accessed here, and forms part of these Terms.
Unless RE expressly authorises you to do so, you may only register one RE Account, and may not assign or transfer your RE Account to any other person or company.
Your RE Account credentials are your personal responsibility and, on registering your RE Account, you agree and warrant that your username and password shall be used for your personal use only and not disclosed to any third party. If you suspect that your credentials have been lost, stolen, compromised or misused in any way, or if you suspect that there has been any unauthorized access of your RE Account, you must immediately notify RE of this. All activities conducted through your RE Account are your responsibility and, accordingly, you are liable for all such activities, unless they are not authorized by you and you have not been negligent in any way (such as in failing to report a loss of credentials or suspected compromise of your RE Account).
The Platform will enable you to set up your RE Account so that, if desired, other Members or third parties can take certain actions through your RE Account. By way of an example, if a company has an RE Account and owns multiple Rental Properties, then an individual will be able to register the RE Account for the company, recording him/herself as the primary user of the account, and then allocating one or more other Members access to these Rentals as Property Managers. This will not require that you share your credentials with the Property Managers, each of them will create their own credentials.

Content
Members may be permitted to create, develop, upload, post, distribute, receive and store content (including text, photos, video, audio, photos and other information and data) on and through the Platform (“Member Content”).
Members may similarly be able to access and view Member Content as well as any other content that RE makes available through the Platform, including content that is proprietary to RE and/or licensed to RE by a third party for use on the Platform (“RE Content”).
The Platform and RE Content, including all intellectual property rights pertaining thereto or arising therefrom, are the sole and exclusive property of RE and/or its licensors, as the case may be and you agree that you will not delete, amend or remove any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RE Content or the Member Content (collectively the “Combined Content”) or the Platform. All trademarks, logos, trade names, and any other source identifiers of RE used on or in connection with the Platform and RE Content are trademarks or intellectual property of RE.
RE hereby grants you, subject to these Terms, a personal, non-exclusive, non-transferable, limited and revocable right to access and utilize the Platform, and access, utilize and display the Combined Content made available through the Platform, solely for your personal and non-commercial use.
Through the creation, posting, distribution, receipt, storage or otherwise making available any Member Content on or through the Platform, you hereby grant to RE a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content, in any media or platform. We shall not claim ownership over your Member Content and nothing in these Terms should be interpreted as restricting any rights you may have to use or exploit your Member Content.
RE may offer Landlords an opportunity to have photographs of their Rental Properties taken by professional photographers, which photographs are then offered to the Landlords to use when offering their Rental Properties and which will then have a watermark or tag recording that the photograph is “verified”, “certified” or similar (“Verified Images”). Any Verified Images that you use in relation to your Rental Properties must remain accurate and current and, should the Verified Images no longer properly reflect the condition of your Rental Property, you are required to immediately stop using such Verified Images. You may also not use the Verified Images outside of the Platform in any way. In respect of any Verified Images, where we are not the exclusive owner of Verified Images, by using the Verified Images on the Platform, you grant to RE an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use the Verified Images for any business purposes connected with operating or promoting the Platform, whether in relation to your Rental Property or otherwise, and without providing you with any further notice or paying you any compensation.
Insofar as the remainder of your Member Content is concerned, all Member Content is your sole responsibility and, in providing Member Content, you hereby represent and warrant that:
the posting or use of your Member Content, as well as our use thereof, shall not infringe or violate any third party’s intellectual and/or proprietary rights, privacy rights or constitute a breach of any applicable law or regulation;
you are the sole and exclusive owner of the Member Content, alternatively you have all the required rights and licenses to such Member Content to use it in accordance with these Terms, and to grant rights to RE as contemplated in these Terms;
you will not upload, post, publish or distribute in any way content that is false, misleading, fraudulent, defamatory, obscene, vulgar, pornographic, or offensive; and
you will not upload, post, publish or distribute in any way content that promotes unfair discrimination, racism, sexism; content that is violent or promotes violence; content that constitutes hate speech or content that promotes unlawful activities.
We do not warrant that the Platform, the Combined Content or any information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
While we have taken reasonable measures to ensure the integrity of the Platform and the Combined Content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Platform are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the your system.
We reserve the right to make improvements to, change or discontinue, without notice, any

Third Party Websites and Third Party Content
RE may provide links to third party sites on the Platform. These links are provided for convenience purposes only and RE does not endorse, nor does the inclusion of any link imply RE’s endorsement of, such sites, their owners, licensees or administrators or such sites’ content or security practices and operations.
While RE seeks to provide links only to reputable sites or online partners, RE cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under, nor subject to, the control of RE. RE is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Platform.
You agree that RE shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Platform. Any dealings you may have with any linked websites, including advertisers, found on the Platform are solely between you and the the third party site.
To increase the exposure of Rental Properties to Potential Tenants and to promote the Platform, Rental Properties and related content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

Linking and Framing
Without the prior written approval of RE (which approval, or conditional approval, may be withheld in RE’s sole discretion), you may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”) to the Platform, or any subsidiary pages or applications.
An application for linking must be submitted to RE at admin@rent-easy.co.za RE shall take reasonable steps to respond and enter into further discussions with you regarding the application. If no written response is received from us within 14 (fourteen) days, the request shall be deemed to be rejected.

Fees and commercial arrangements in favour of RE
RE may charge fees to Tenants (“Tenant Fees”) and/or Landlords (“Landlord Commission”) (collectively “RE Fees”) for using the Platform. You are responsible for any RE Fees that you may owe to RE from time to time. In this regard, RE will:
deduct any applicable Landlord Fees from any Deposit, Utilities Deposit, Monthly Rental or Additional Services payment, before remitting the Payout to the Landlord; and
collect any Tenant Fees as part of the Total Rental Cost collected.
RE Fees are non-refundable.
RE reserves the right to change the RE Fees at any time, and will provide Members with reasonable notice of any fee changes before they become effective.
In the unfortunate event that a payment processing error occurs, we will immediately commence a rectification process as soon as we are aware of the error. This may result in a crediting or debiting of the same account used to make or receive the original payment, so that ultimately the payments are correct.

Payment Details
When concluding a Lease Agreement, you will be required to provide comprehensive, correct and up-to-date information relating to your Payment Details, which information may include your name, address and financial instrument information (such as account name, account number, branch code, and other account-related information). The particular information required will be indicated either as an annexure to the Lease Agreement, if you are the Tenant, or you will be prompted to provide this information via the Platform, if you are a Landlord. We accept no responsibility for action taken on the basis of incorrect or outdated information that you have provided regarding your Payment Details and it is your responsibility to ensure this is kept current at all times.
You expressly authorise RE to store your Payment Details. We may acquire any information relating to account changes in your Payment Details directly from your bank or our financial services partners – this is only changes to your account information, such as an account number, expiration date or such similar information.

Specific Terms for Landlords

General terms

When creating a listing for a Rental Property through the Platform, you are required to provide comprehensive and accurate information about the Rental Property (including in relation to location and availability), and to disclose any and all deficiencies, restrictions and requirements that apply. You will also be required to furnish any other information that may be requested by RE in relation to the Rental Property from time to time, and to ensure that all the aforementioned information is kept current. As such, any images used in relation to your Rental Property must accurately reflect the Rental Property and RE may require a minimum number of images, of a certain format, size and resolution.
It is your responsibility to set the price applicable to your Rental Property, which will include the Deposit, Utilities Deposit, Monthly Rental, payment for Additional Services and any applicable taxes and charges (“Total Rental Costs”) and, after a Potential Tenant has requested to lease the Rental Property, you may not request any amounts higher than the Total Rental Costs initially conveyed to the Potential Tenant.
You are required to use the Lease Agreement made available through the Platform when concluding your agreement with the Tenant. While you are free to require and enforce any other terms and conditions in respect of the Rental Property that are not contained in the Lease Agreement, these may not conflict with these Terms or the Lease Agreement provided through the Platform. You hereby warrant that, in offering a Rental Property via the Platform and/or having a Tenant reside in the Rental Property, this will not breach any agreements you have entered into with any third parties (including but not limited to homeowners associations), and that you will comply with all applicable laws (including zoning laws), taxation requirements, and any other rules and regulations that may be applicable to the Rental Property.
RE will place and rank Rental Properties on the Platform according to factors determined by RE in its sole discretion from time to time, including price, Potential Tenant parameters, Reviews and Ratings and/or availability.
Please note that when accepting a request for a Rental Property by a Potential Tenant, you are concluding a legally binding agreement with the Potential Tenant and are accordingly required to provide the Rental Property and any related aspects thereof as you described it and in the minimum condition reflected on the Platform. Accepting a request from a Potential Tenant for a Rental Property also triggers your obligation to pay the Landlord Commission.
It is prudent for Landlords to obtain appropriate insurance for their Rental Properties, but this is in the sole discretion of the Landlord. Where insurance is obtained, we recommend that Landlords specifically check whether the policy covers the conduct of Tenants staying in the Rental Properties.
A Landlord may have numerous separate Rental Properties available, but each shall be listed independently of the other, unless we specifically agree otherwise.
Landlords may, in their discretion, require a deposit for the Rental Property from Tenants (“Deposit”) and/or a deposit for the utilities to be provided at the Rental Property (“Utilities Deposit”) and, if so, this must be specified in the listing pertaining to the Rental Property. The amount of the Deposit and Utilities Deposit may not be increased, nor may a Deposit or Utilities Deposit only be introduced following the Potential Tenant taking up a Rental Property and/or concluding the Lease Agreement. RE will collect the Deposit on behalf of the Landlord as detailed more fully below.
Landlords may also offer a Tenant additional amenities and services, over and above the base Monthly Rental, at an additional cost, which will be set out in the Lease Agreement (“Additional Services”). The Additional Services could include amenities such as electricity, water and refuse removal, which the Tenant is obliged to pay. Where the Additional Services constitute an obligation, however (and are not optional to the Tenant), the estimated cost of the Additional Services must appear on the listing of the Rental Property, together with the basis of calculating such Additional Services. Additional Services may also include optional services offered by the Tenant, such as DSTV, fibre and cleaning services, the cost of which also needs to be stipulated in the listing of the Rental Property. Given that the Additional Services will mostly be variable, the amount thereof will be collected by RE from the Tenant each month, although RE shall have no liability to pay any third party service providers for such Additional Services – RE shall merely facilitate the provision of accounts to the Tenant for such Additional Services, and remittance thereof to Landlords, less any applicable fees. In this regard, Landlords are required to upload invoices for Additional Services on the Platform as soon as they are received – should no invoices and/or supporting documentation in respect of Additional Services be on the Platform for any particular period, RE cannot collect the payment from the Tenant for such Additional Services.
As referred to above, RE may facilitate Property Managers administering the Rental Properties of a Landlord, and taking actions on behalf of the Landlord as may be specifically authorised by the Landlord, such as managing viewing of Rental Properties, concluding Lease Agreements, updating Rental Properties on the Platform etc. (“Property Manager Services”). While RE does not prescribe the form of any agreement between a Landlord and a Property Manager, such agreement may not conflict with these Terms, the Lease Agreement or any other policies applicable to the Rental Properties. The relationship between a Landlord and a Property Manager can be terminated at any time by either the Landlord or the Property Manager insofar as such relationship relates to the Rental Properties on the Platform, and we shall have no involvement therein. We nevertheless reserve the right, in our sole discretion, to limit the number of Property Managers a Landlord may have for each Rental Property and to limit the number of Rental Properties a Property Manager may manage.
Notwithstanding the appointment of a Property Manager, all Rental Properties and Member Content on the Platform remain the sole responsibility of the Landlord. Similarly, the Landlord shall be liable for any conduct or omission of both himself and his Property Managers arising from any conduct relating to offering the Rental Properties, concluding the Lease Agreement, communicating with Potential Tenants and Tenants and any Property Manager Services.
While a Property Manager will not be specifically independently Rated or Reviewed by Tenants and only the Landlord will be Rated and Reviewed, the Property Manager’s conduct and performance may influence such Rating and Reviewing and Landlords accordingly acknowledge that their Rating and Reviewing may be impacted by their Property Manager.
Should you use the Platform in the capacity of a Landlord or a Property Manager, please note that our relationship is one of independent contractors. There is no employment, joint venture or partner relationship and you are acting exclusively for your own benefit vis-à-vis RE and the Platform, and in your own capacity, and not in any way on behalf of or for the benefit of RE. We do not purport in any way to control or direct you and it is in your complete discretion as to whether to list Rental Properties or engage in any related activities.
RE is not responsible for payment of any sales tax, income tax, VAT or any other form of taxes (“Taxes”) payable in respect of monies collected or generated by Landlords through the Platform. As the Landlord, you are responsible for the declaration and remittance of all applicable Taxes and you hereby indemnify RE against any and all liability arising out of any failure on your part to declare, remit or provide any information to the South African Revenue Services or similar authorities in relation to the Rental Properties.

Payment terms

RE will collect the Total Rental Cost from a Tenant once the Tenant has taken up a Rental from a Landlord and they have concluded the requisite Lease Agreement, or at any other time that may be agreed between RE and the Tenant.
RE shall make payments to you directly into your bank account using the Payment Details you have provided to RE, as follows:
In respect of Deposits and Utilities Deposits, payment will be made within five business days of receipt of the Deposit or Utilities Deposit, as the case may be, from the Tenant;
In respect of Monthly Rentals, payment will be made within the first two business days of the month in respect of which the particular Monthly Rental is payable, provided that the Monthly Rental has indeed been received from the Tenant; and
In respect of payments for Additional Services, payments will be made together with the next payment of Monthly Rental, unless no further Monthly Rentals are due to you, in which case the fees for Additional Services will be made within the first five business days of the month following receipt of the payment for Additional Services.
Please note that the above time periods are those in which payments will be initiated by RE, and RE cannot guarantee the time of receipt of payments where this is affected by your banking service provider’s processing schedule.
The total payment made to you in respect of any particular Rental Property shall be the Monthly Rental, less the Landlord Fee (plus any taxation that may be payablle), together with any payment for Additional Services, less the Landlord Fee in respect of such payment. Purely by way of example, therefore, if the Monthly Rental for a particular month is R1000 and the Landlord Fee is 5% of the Monthly Rental, and the payment for Additional Services if R500 also with a Landlord Fee of 5%, then we will collect the R1000 Monthly Rental from the Tenant, deduct the 5% Landlord Fee plus VAT (currently at 15%), being R57,50 and then pay you as the Landlord an amount of R942,50 in respect of the Monthly Rental. We will also collect the R500 for Additional Services, deduct the 5% Landlord Fee plus VAT (currently at 15%), being R28.75 and pay you as the Landlord an amount of R471,25 in respect of the Additional Services.
All payments made to Landlords are subject to:
RE having actually received the relevant monies from the Tenant i.e. if the Tenant has not paid the required Monthly Rental or payment for Additional Services to RE, then there shall be no payment made in this regard to you; and
The right of RE to delay or cancel any payment that is due to you, for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
If RE is unable to collect any amounts you owe, RE may initiate a collections process to recover such amounts from you and you shall be fully responsible for all costs associated with such collections process.

Specific Terms for Potential Tenants and Tenants

General terms

As a Potential Tenant, and provided you have complied with all and any requirements set by RE and/or the Landlord, you can take up a Rental Property offered on the Platform by following the due process as directed on the Platform and provided for in these Terms. The Total Rental Costs will be presented to you before taking up the Rental Property and, should you proceed with taking up the Rental Property, you agree to pay the Total Rental Costs for any Rental Property requested in connection with your RE Account.
When you receive confirmation from RE that your offer for a Rental Property has been accepted, a legally binding agreement is formed between you and the Landlord, which includes the terms of the Lease Agreement, any additional terms and conditions that the Landlord may apply, any applicable cancellation policy and any rules and restrictions pertaining to the Rental Property. As the Tenant, you will be responsible for compliance with any such rules and restrictions, and all terms of the Lease Agreement. You will be required to disclose full details of any persons that will be residing in the Rental with you, which persons will be required to similarly fully comply with the Landlord’s set requirements, but ultimate responsibility for compliance with all requirements rests on the Tenant. RE will collect the Total Rental Costs with effect from the time of the Landlord’s confirmation that a Potential Tenant’s offer for a Rental Property has been accepted, in accordance with the Payment Payments Terms. Most Rental Properties will require an amount to be paid monthly for the rental of the Rental Property (“Monthly Rental”), together with amounts for any Additional Services, but these will all be specified in the Lease Agreement.
All material terms pertaining to your rental of the Rental Property, including terms relating to occupation; cancellation; Additional Services; period of lease; damage to Rental Properties; additional Landlord and Tenant obligations, and dispute resolution clauses, will be contained in the Lease Agreement. Where any of these terms give rise to any additional costs or fees, the Landlord and Tenant agree to pay such additional fees to RE.
RE may establish a Resolution Centre in due course to resolve disputes that arise between Landlords and Tenants. The rules applicable to disputes dealt with by the Resolution Centre will be published as and when the Resolution Centre is operative.

Payment terms

You authorise RE to debit your bank account, using the Account Details you provide in the Lease Agreement, with the Total Rental Cost for any Rental Property secured through your RE Account, as well as any other amounts that may be due by you to RE and/or the Landlord, including but not limited to Deposits, Utilities Deposits and payment for Additional Services.
In accordance with the debit order authorisation that you will be required to sign as part of the Lease Agreement, containing your Account Details, RE will debit your bank account with the Total Rental Costs, following the conclusion of the Lease Agreement, as follows:
The Deposit and Utilities Deposit, if any, and the Monthly Rental payable for the first month of the Rental period, shall be collected immediately following conclusion of the Lease Agreement;
Thereafter, the Monthly Rental payable for each month of the Rental period shall be collected between fourteen and sixteen days in advance i.e. the Monthly Rental for the second month of the Rental period shall be collected on or about the fifteenth day of the first month of the Rental period, the Monthly Rental for the third month of the Rental period shall be collected on the fifteenth day of the second month of the Rental period, and so on, with the result that there will be no Monthly Rental actually collected during the last month of the Rental period as it would have been paid in advance;
Payment for Additional Services will be collected one month in arrears, after the Landlord has uploaded onto the Platform, details of the particular Additional Services with supporting documentation for the preceding month. After the relevant documentation for Additional Services has been uploaded, RE will add the amount in respect thereof to the next debit order for the Tenant’s Monthly Rental that is to be processed. Where there is no subsequent debit order for Monthly Rental that is to be processed, for example during the last month of the Rental period, then RE will process a debit order solely in respect of the payment owed for Additional Services.
Should a debit order that is drawn against your bank account fail or be returned for any reason whatsoever, you shall be liable for an administrative penalty fee of R100.00 per failed debit order. In addition, should we be required to send you a demand letter, you shall be liable for an administrative penalty fee of R150.00 per demand letter. You hereby authorise that any such penalties will either be added to your next Monthly Rental, alternatively may be debited directly from your bank account.
If RE is unable to collect any amounts you owe, RE may initiate a collections process to recover such amounts from you and you shall be fully responsible for all costs associated with such collections process.

Appointment of RE as Limited Payment Collection Agent
The Landlord hereby appoints RE as its payment collection agent solely for the limited purpose of accepting funds from Tenants.
Each Landlord agrees that payment made by a Tenant through RE, shall be considered the same as a payment made directly to the Landlord, and the Landlord will act in accordance with its obligations set out in the Lease Agreement as if the Landlord has received the payment directly from the Tenant.
In its capacity as the limited payment collection agent of the Landlord, RE has no responsibility or liability any conduct of or by the Landlord.
Each Tenant acknowledges and agrees that, notwithstanding the fact that RE is not a signatory to the Lease Agreement, RE acts as the Landlord’s payment collection agent for the limited purpose of accepting payments from the Tenant in terms of the Lease Agreement. Upon the Tenant’s payment of amounts due to RE, the Tenant’s payment obligation to the Landlord for the agreed upon amount is extinguished, and RE is responsible for remitting the funds to the Landlord in the manner described herein. Should RE not pay any such amounts over to the Landlord, the Landlord will only have recourse against RE, and not against the Tenant directly.

Ratings and Reviews
Members may leave a public review (“Review”) and submit a star rating (“Rating”) on the Platform in the following circumstances:
within a specified timeframe after concluding the Lease Agreement, in terms of which Tenants and Landlords can leave a Review and submit a Rating about each other regarding all aspects of process by which the Rental Property was obtained and the Lease Agreement concluded through the Platform; and
within a specified timeframe after the termination of the Lease Agreement i.e. the Tenant vacating the Rental Property, in terms of which Tenants and Landlords can leave a Review and submit a Rating about each other regarding all aspects of the process throughout the term of the Lease Agreement, and following termination thereof.
RE shall have no input into the Ratings or Reviews and all such Ratings and Reviews reflect only the personal opinions of individual Members. Ratings and Reviews are visible on a Member’s public profile and may be used elsewhere on the Platform.
RE does not verify any Ratings and Reviews and is in no way responsible for the content thereof. However, all Tenants and Landlords are required to be honest and transparent in their Ratings and Reviews, and no offensive or derogatory language may be used. Furthermore, Members may not manipulate or attempt to manipulate the Ratings and Reviews system in any manner and, should any such manipulation or attempted manipulation be discovered, the Member’s access to and use of the Platform shall be permanently blocked.

Usage Restrictions and Prohibited Conduct
You hereby agree that you shall not (either yourself or through a third party):
copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Platform for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
decompile, disassemble or reverse engineer any portion of the Platform;
write and/or develop any derivative of the Platform or any other software program based on the Platform;
modify or enhance the Platform. In the event of you effecting any modifications or enhancements to the Platform in breach of this clause, such modifications and enhancements shall be the property of RE;
without RE’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to your RE Account by persons other than yourself or a Property Manager duly authorised;
remove any identification, trademark, copyright or other notices from the Platform;
use, copy, adapt, modify, distribute, license, sell, transfer, or in any way exploit the Platform or Combined Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms;
notwithstanding anything contained to the contrary in these Terms, use the Platform for any purpose other than the specific purposes of the Platform as outlined in these Terms and as appears from the Platform.
We respect your intellectual property rights and the intellectual property rights of third parties which you use lawfully on the Platform and, as such, if you believe that any content on the Platform infringes your or a third party’s intellectual property rights, please notify us.
You are fully and solely responsible for compliance with all applicable laws and regulations (including relating to Taxes) pertaining to your use of the Platform. As such, you hereby warrant that you will not, nor will you assist or enable any other person, to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms or any RE Policies and related terms, as issued from time to time;
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, in a way that contravenes our Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Platform or any Combined Content for any commercial or other purpose not expressly permitted by these Terms;
use the Platform or any Combined Content in a manner that implies an endorsement, partnership or any other form of joint venture or certification with or by RE;
use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
contact another Member for any purpose other than asking a question related to a Rental Property or the Member’s use of the Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
accept or make any payment for the Total Rental Costs outside of the Platform and, in such circumstances, you shall be in breach of these Terms and indemnify RE against any liability arising therefrom;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by RE to protect the Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that RE has no obligation to monitor the access to or use of the Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so in inter alia the following circumstances:
to ensure Members’ compliance with these Terms and any applicable law;
to operate, maintain and improve the Platform for any business purpose whatsoever, including but not limited to fraud prevention and customer support;
to respond to Member Content that it determines is harmful or objectionable; and/or
for any other reason contemplated in these Terms;

and, in this regard, Members hereby agree to assist RE with any reasonable request for information and to take the appropriate action that RE reasonably requests regarding the use (or misuse) of the Platform.

Should you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately please report such person to the appropriate authorities (where the conduct is unlawful) and to RE so that we may investigate further and, where required in our sole discretion, take appropriate action against such Member.

Security
In order to ensure the security and reliable operation of the Platform for all Members, RE hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Platform in any manner which may compromise the security of our networks or tamper with the Platform in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Platform, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should RE suffer any damage or loss, whether directly or indirectly, as a result thereof, civil damages shall be claimed by RE against you.
Should you commit any of the offences detailed in Chapter 13 of the ECT Act (specifically sections 85 to 88 (inclusive)) you shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by RE and its affiliates, agents and/or partners.

Term and Termination, Suspension and other Measures
These Terms, which form the basis of our agreement and your access and/or use of the Platform, shall operate indefinitely, unless and until replaced or superseded by any amended terms or until either you or we terminate either our relationship, or these Terms.
You may cancel your RE Account at any time by sending us an email in this regard or by following the steps online on the Platform, provided that there are no current Lease Agreements in place on your RE Account at the time.
We may cancel your RE Account at any time by providing you with reasonable notice thereof, via email to your registered email address associated with your profile.
However, we may immediately cancel your RE Account without notice and/or block you from accessing the Platform if you have materially breached your obligations under the Terms or any Lease Agreements you may enter into through the Platform, or have violated applicable laws, regulations or third party rights. RE may also terminate your access to the Platform and/or your RE Account where it believes it is reasonably necessary to protect the safety or property of RE, its Members and/or relevant third parties.
In addition to its rights set out above, RE has a number of actions it may take in circumstances where:
it is required to comply with any applicable law, court order, or government body;
you have breached these Terms, any of our Policies, applicable laws or third party rights;
you have provided inaccurate, fraudulent, outdated or incomplete information during registering your RE Account, or in publishing a Rental Property or at any time thereafter;
you and/or your Rental Properties fail to meet any applicable quality or eligibility requirements at any time;
you have repeatedly received poor Ratings or Reviews, or RE becomes aware of or has received complaints about your performance or conduct;
you have failed to respond to requests for information or appointments related to viewing Rental Properties without a valid reason; or
RE it believes it is reasonably necessary to protect the safety or property of RE, its Members and/or relevant third parties and/or to prevent fraud or unlawful activities; which actions include, but are not limited to, RE:
refusing to display Member Content;
deleting or delaying the listing of Rental Properties, Ratings, Reviews or Member Content;
cancelling any pending Rental Properties;
limiting your access to or use of the Platform;
temporarily or permanently revoking any special status associated with your RE Account; and/or
temporarily or in case of severe or repeated offenses permanently suspending your RE Account and terminating any access to the Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by RE and an opportunity to resolve the issue to our reasonable satisfaction.
When our relationship has been terminated and/or this Agreement has been terminated, you are not entitled to a restoration of your RE Account or any of your Member Content. If your access to or use of the Platform has been limited or your RE Account has been suspended or this Agreement has been terminated by us, you may not register a new RE Account or access or use the Platform through an RE Account of another Member.
Any clauses contained in these Terms that should reasonably survive termination of the Agreement, will remain in effect notwithstanding the termination of our agreement.

Disclaimers
Your use of the Platform and/or the Combined Content is entirely at your own risk and you shall assume full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation via a mobile application and via email, is susceptible to monitoring and interception and you bear all risk of transmitting information in this manner. Under no circumstances shall RE be liable for any loss, harm, or damage suffered by you as a result thereof.
The Platform and Combined Content is provided “as is”, without warranty of any kind, either express or implied.
We cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof should this become necessary at any time as a result of capacity limits or to protect the integrity or security of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.
Where we conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The above disclaimers apply to the maximum extent permitted by law.

Liability and Indemnity
You carry and retain all risk arising out of your access to and use of the Platform and Combined Content; your listing, publishing or taking up of any Rental Property via the Platform; your residence or occupation of any Rental Property; and/or any other interaction you have with other Members whether in person or online.
To the extent permissible by law:
Neither RE, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) arising out of or in connection with these Terms; from your listing, publishing or taking up a Rental Property; from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Platform; or from the use of or inability to use the Platform or Combined Content; whether based on warranty, contract, delict (including negligence), product liability or any other legal basis and to the maximum amount permissible in law.
The liability of RE for faulty execution of the Platform as well as all damages you may suffer, whether direct or indirect, as a result of the malfunctioning of the Platform shall be limited to RE rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the Platform, as the case may be. This liability shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the Platform. However in no event shall RE be liable to any Member for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Platform.
You hereby unconditionally and irrevocably indemnify RE and agree to hold RE free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by RE or instituted against RE as a direct or indirect result of:
Your use of any of the information or services on the Platform and the Combined Content;
Your failure to comply with any of the Terms, the Lease Agreements, our Policies or any other requirements which RE may impose from time to time;
Your improper use of the Platform or any Combined Content;
Your interaction with any Member or occupation of a Rental Property; and
Your breach of any applicable law, regulations or third party rights.
Without derogating from the above, RE’s aggregate liability arising out of or in connection with these Terms and your use of the Platform in any way, shall be limited to the amounts that RE has received in respect of Landlord Fees, Tenant Fees or any other part of RE Fees for the specific Rental Property in question and for the twelve months prior to the event giving rise to liability. Where no such payments or amounts have been made or are due, then the maximum liability shall be R1000.

Disputes
Subject to clause 19.12 below, should any dispute arise between you and RE (the “Dispute Parties”) in relation to these Terms, the Platform, the Combined Content or any issue arising from of the any of the aforementioned (the “Dispute”), the Dispute Parties shall meet as soon as reasonably practicable (but no later than 20 days after such meeting being requested by either of the Dispute Parties), to try and resolve the Dispute.
If the Dispute is not resolved at the above meeting, or within any further period agreed at the above meeting, then either of the Dispute Parties may refer the Dispute to arbitration as provided for below.
The party wishing to invoke the arbitration provisions herein must provide written notice thereof to the other party and such Dispute shall then be decided by arbitration to be held with only the Dispute Parties and their representatives present at Sandton, Gauteng, Republic of South Africa (unless otherwise agreed).
It is the intention that the arbitration shall, where possible, be held and concluded in 60 (sixty) days after it has been demanded. The Dispute Parties shall use their best endeavours to procure the expeditious completion of the arbitration.
Save as expressly provided in these Terms to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in the Republic of South Africa.
The arbitrator shall be an impartial practising attorney of not less than 10 (ten) years' standing appointed by the Dispute Parties or, failing agreement by the Dispute Parties within 14 (fourteen) days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the Chairperson for the time being of the Arbitration Foundation of South Africa (or the successor body thereto). If that person fails or refuses to make the nomination, either party may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
Any arbitration in terms of this clause shall be conducted in camera and the Dispute Parties shall treat as confidential and not disclose to any third party details of the Dispute submitted to arbitration, the conduct of the arbitration proceedings or the outcome of the arbitration, without the written consent of the other party.
The arbitrator shall be obliged to give his award in writing fully supported by reasons.
The Dispute Parties hereby irrevocably agree that the decision of the arbitrator in the arbitration proceedings –
shall be final and binding on each of them; and
will be carried into effect; and
can be made an order of any competent Court to whose jurisdiction the Dispute Parties are subject.
The arbitrator shall have the power to give default judgment if either of the Dispute Parties fails to make submissions on due date and/or fail to appear at the arbitration.
Save where expressly provided elsewhere in these Terms or where determined otherwise by the arbitrator during the arbitration proceedings, each of the Dispute Parties shall pay their own arbitration costs, which they incur with their own legal advisors in respect of the negotiations, preparation for and conclusion of the arbitration proceedings. Any joint costs, such as those of the arbitrator, shall be born jointly and equally by the Dispute Parties.
Nothing in these Terms shall prevent or prohibit either you or RE from applying to the appropriate Court for an interdict or urgent relief.
The provisions of this clause are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason and even if you terminate your RE Account.

General Clauses
These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.
The Platform and the Payment Services are controlled, operated and administered by RE from its premises within the Republic of South Africa. RE makes no representation that the content of the Platform or the Payment Services is appropriate or available for use in other locations or countries. Access to the Platform from territories or countries where the content of the Platform is illegal is prohibited. You may not use the Platform or the Payment Services in violation of South African export laws and regulations and, if you access the Platform and from any location outside of South Africa, you are responsible for compliance with all local laws.
We do not guarantee continuous, uninterrupted or secure access to the Platform, as operation of the Platform may be interfered with as a result of a number of factors which are outside of our control.
These Terms do not and are not intended to confer any rights or remedies upon any person other than RE and you.
Except as expressly provided for in these Terms, the exercise by either RE or you of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You may not cede your rights or assign or delegate your obligations under these Terms to any third party without our prior written consent.
We shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced your entering into this agreement, and/or whether it was negligent or not.
The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday as officially proclaimed in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
These Terms, read together with the Lease Agreements and all of RE’s Policies and standards set forth the entire understanding and agreement between you and RE with respect to the subject matter hereof.