1. Introduction: A User (“you” or “your”) is anyone who logs-on, has registered a profile, or otherwise makes use of this Platform (“Platform) to access services related to a property (“Property”). The services that are provided on the Platform include access control, maintenance and repair services, leasing, billing and any other services as may be offered via the Platform from time to time (the “Services”). These Terms of Use (incorporating our Privacy Policy) (“Terms”) govern your use of the Platform and the provision of the Services.  

2. Consumer Protection Act Disclosures: If you are a consumer, as defined in the Consumer Protection Act, we have a duty to point out certain important terms which may limit your rights, constitute an acceptance of a fact or otherwise be important. The clauses in these Terms that require specific consideration are clause 4 (acceptance), clause 7 (data privacy), clause 8 (electronic communications), clause 12 (marketing), clause 13 (restrictions), clause 14 (marketing), clause 17 (third party terms), clause 18 (warranties), clause 19 (indemnities), clause 20 (non-circumvention), clause 24 (dispute resolution), clause 25 (disclaimer, indemnity, and limitation of liability), clause 26 (privacy policy) and clause 27 (general). 

3. Platform and Services: The Platform is owned by Kalahari Property Fund (Pty) Limited T/A Student-House (“we”, “our”, or “us”). It is merely a Platform service provider and the Services offered and supplied on the Platform are all provided by third parties (“Service Providers”). Student-House is not responsible for the provision of the Services and shall not incur any liability to or for any person, including the users and Service Providers, in any manner whatsoever. 

4. Acceptance: These Terms constitute a legally binding agreement between Student House and the user as well as between yourself and the other users (including the Services Providers) you engage with from time to time. You agree to these Terms by registering an account, accessing, or using the Platform. You represent and warrant that you have the right, authority, and capacity to enter into these Terms.  If you are under the age of 18 years old you hereby warrant that you have the consent of your parent/guardian to enter into this agreement. If you do not agree with all of the provisions of these Terms, you must not use or access our Platform.  
5. Commencement and Duration: These Terms shall commence immediately upon your use of or registration on the Platform (whichever is the earlier). The Terms will be binding on you and shall continue until terminated as provided for in herein. These Terms shall be deemed to have been entered into in Johannesburg at the time of registration of your user account. 

6. Non-Exclusivity: Your use of the Platform is on a non-exclusive basis. This means that we are entitled to offer the Platform to other users as well. 

7. Account: In order to use the Platform you require an account which must be created by registering on the Platform using accurate information. You are responsible for keeping your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account. The account information includes but is not limited to your full names, ID number, contact details, and biometric information as well as other information that may be reasonably required to provide you with the Services from time to time.  

8. Data Privacy: Your personal information is protected in terms of the Protection of Personal Information Act. You agree and understand that all data that you upload to the Platform (“User Data”) will be used to provide the Services to you, which includes sharing it with the various Service Providers and related independent contractors. Full details of our Data Privacy Policy are contained in these Terms (see clause 27) 

9. Electronic Communications: You consent to receive communications from us and related third parties (such as landlords, third party service providers, etc) electronically, such as e-mails, texts, mobile push notices, or notices and messages via the Platform or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

10. License: We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform, subject to your compliance with these Terms.  

11. Use of our Platform: You undertake to access and use our Platform only for legal, authorised, and acceptable purposes. You undertake not to use (or assist others in using) our Platform in ways that: (a) violate, misappropriate, or infringe our rights or anyone else, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) in any other way that is not specifically permitted by us in these Terms. 

12. Marketing: You agree and understand that we may send marketing material to you from time to time, including special offers and promotions from the Service Providers. You hereby consent to receive these marketing materials. You further consent to us providing your personal information to third-parties for the purposes of sending you marketing information. You may opt-out of receiving these materials at any time on written notice. 

13. Restrictions: Only you may access and use your own account on the Platform. You may not permit anyone to use your account for any reason and may not access anyone else’s account. You may only register a single account at a time, unless otherwise specifically permitted to do so by Student House. You agree not to access or attempt to access any part of the Platform by any means other than through the interface provided by us. You may not intercept, monitor, damage or modify any communication of any user of the Platform for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Platform. You will not engage in any activity that interferes with, or disrupts, the Platform or the servers and networks that host these. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform. Further, you may not decompile, disassemble or reverse engineer the Platform or any part thereof. You may not use or access the Platform in any way that, in our sole discretion, adversely affects the performance or function of the Platform or interferes with the ability of authorised parties to access the Platform. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited in relation to the Platform. 

14. Content: You are solely responsible for your use of the Platform and the content you provide. The content you provide must be accurate and complete. Content that constitutes hate speech or is otherwise immoral, offensive, defamatory, inflammatory, derogatory or illegal may be removed in our sole and absolute discretion and we may suspend or terminate your further use of the Platform. We do not have an obligation to remove any content and our failure to do so shall not be considered our acceptance or approval thereof. We make no warranties or representations with respect to any content provided on the Platform and accept no liability in any manner whatsoever in relation thereto (including for any inaccuracies) and you hereby (to the fullest extent possible) indemnify us, our directors, employees, affiliates and Student House from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of our Platform, the conduct of any Service Provider or any such content.  

15. Confidential Information: You agree and undertake to keep all proprietary or confidential information secret and not to use it for any purpose other than as required in terms of these Terms and for the provision of the Services. For the sake of clarity, the “Confidential Information” will include, any business or financial information, the Platform, these Terms, the User Data, as well as any other information that may be considered to be of a proprietary or confidential nature. 

16. Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Platform, as well as the User Data and the Confidential Information (collectively the “IP”) are owned by Student House and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights. Failure to comply with this clause may result in immediate termination of these Terms and your use of the Platform.  

17. Third Party Terms: You agree and  understand that the Services (including our payment service provider) will be supplied by third-party service providers and you agree that your use of these third-parties Services may be subject to their own terms and conditions.  

18. Warranties: You hereby warrant that – 

• You will not use the Platform for any unlawful, unethical or immoral purpose (or attempt to do so); 
• Your will not attempt to copy, reverse engineer, decompile or use the IP (other than as permitted in these Terms) in any manner whatsoever; 
• You will not attempt to circumvent these Terms or Platform in any manner whatsoever; 
• You will for the duration of these Terms comply with any applicable policies and procedures which we notify you of from time to time. 

19. Indemnity: You hereby indemnify Student House, including its directors, employees, and agents and hold us all harmless against any losses, liabilities, costs, expenses, fines, penalties, harm, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties) (“Losses”) arising from or in relation to: 

• your use of the Platform; 
• the provision of the Services; 
• any act or omission by any Service Provider. 

20. Non-circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier or in any other manner circumvent or attempt to circumvent these Terms. 

21. Breach: Should we or any user fail to comply with any provision of the Terms (the “Contravening Party”), then the other party (the “Aggrieved Party”) will be entitled to notify the Contravening Party in writing thereof to remedy such default and if the Contravening Party fails to remedy the said default within 7 (seven) calendar days after receipt of such notice, the Aggrieved Party will be entitled to, without any further notice and without prejudice of its other rights:  ● to cancel these Terms and to claim damages from the Contravening Party;  or  ● to insist on specific performance of the Contravening Party of its duties in accordance with these Terms and to claim damages.  

22. Termination:  In the event of a breach not being remedied within the period stipulated in clause 21. we may, in our sole discretion, immediately suspend or terminate your access to all or part of the Platform on written notice (including emails) to you.  Should we suspect any illegal, immoral, or other behavior that could potentially bring our reputation into disrepute or otherwise suspect abuse of the Platform, we may in our sole and absolute discretion, immediately and unilaterally terminate your use of the Platform and the Services on written notice (including email) to you. You will be entitled to terminate these Terms on 14 (fourteen) days written notice (including email) to us.  

23. Consequences of termination: Upon termination of these Terms for any reason:  ● You will immediately cease any and all further use of the Platform;  ● You will not have any claim against Student House for the termination of these Terms for any reason whatsoever.  ● You will remain bound by the provisions of clauses 7 (Data Privacy), 14 (Confidential Information), 15 (Intellectual property), 17 (Warranties), 18 (Indemnity), 23 (Dispute Resolution), 25 (Privacy Policy), 26 (General (Applicable to the Terms and Privacy Policy).  

24. Dispute Resolution: If a dispute of any nature arises between us in connection with these Terms, including any question regarding its existence, validity or termination, such dispute shall be submitted to and decided by arbitration in terms of this clause. The dispute shall be referred to and finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa (“AFSA”) for Commercial Arbitrations (the “Rules”), including the right to appeal, which Rules are deemed to be incorporated by reference into this clause. There shall be 1 (one) arbitrator, whose identity shall be agreed in writing by both of us within 5 (five) business days following the declaration of a dispute by one of us in writing, failing which the arbitrator shall be appointed by AFSA from the senior legal practitioners on its panel in terms of the Rules, taking into account the value and complexity of the dispute under referral. The seat, or legal place, of the arbitration shall be South Africa and any hearing shall be held in Johannesburg. The language to be used in the arbitral proceedings shall be English. Unless the Parties agree otherwise, the arbitration shall be conducted on an urgent basis in terms of the Rules.  Nothing contained in these Terms shall preclude either one of us from approaching a court of competent jurisdiction within the Republic of South Africa for interim relief on an urgent basis pending the final outcome of an arbitration referral under this clause. The references to AFSA shall include its successor or body nominated in writing by it, in its stead.  We both agree and irrevocably undertake to keep the arbitration and all matters related thereto strictly confidential. Both of us (i) acknowledge and agree that we shall not disclose any such information to any person other than our own employees, members, officers, professional advisors and/or other divisions who need to know such information for the purposes of this clause (“Permitted Recipient”) or to third parties where it is required to do so by law or in terms of regulatory process; (ii) shall procure that each Permitted Recipient is made aware of and complies with its obligations of confidentiality in terms of this clause and (iii) shall give reasonable notice to the other party as and when any obligation for third party disclosure arises. 
25. Disclaimer, indemnity and limitation of liability

25.1 We make no representations or warranties of any kind, express or implied, as to the operation of the platform or the service providers, information, content, materials and services included therein. You expressly agree that your use of the platform and the services and are at your sole risk.  

25.2 To the full extent permissible by applicable law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, and fitness for a particular purpose. We do not warrant that the services will fulfil any particular purpose or meet any particular safety regulations. We further do not warrant that the platform, the servers, or e-mails sent from us are free of viruses or other harmful components. We will not be liable in any way for any damages of any kind arising from the use of the platform or the services in any manner whatsoever, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.  

25.3 In addition to any other indemnities provided in these terms, you hereby unconditionally and irrevocably indemnify us, our affiliated companies, officers, agents, directors and employees and agree to hold us free from all losses, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us for any reason whatsoever, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to your use of the platform or the services or otherwise related to a service provider and such indemnity shall extend to the reasonable costs that may be incurred by us in defending any action (or threatened action) against us. 

25.4 Your use of the platform and the services is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection therewith. 

25.5 In no event shall we, our directors, employees, officers, service providers, third parties, or subsidiaries be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the use of the platform, or the services, or the terms, or otherwise as a result of an act or omission of a third party howsoever arising, including but not limited to negligence).  

26. Privacy Policy

26.1 Introduction: By using our Platform you undertake to provide us with certain personal information. This privacy policy (the “Privacy Policy”) sets out the information disclosed to us and how we will use it. 

26.2 Personal information: We gather the following information about you: (i) Information you give us when you register an account and use the Platform, including your names, address, contact number, email address, physical address, biometric information, location, frequency of use of the Platform, and related personal information (ii) messages that are sent on the Platform; (iii) information obtained via Cookies; (iv) use of third party payment services; (v) information obtained via the Platform, email, telephone call or other communications with you, including customer support communications; (vi) usage of the Platform and the Services; (vii) details regarding the Service Providers and the performance of their services; and (viii) other information related to your use of the Platform and Services.  

26.3 Purpose: We use the information you provide us in order to: 

• provide you with the use of and access to the Platform; 
• enable the Service Providers to provide the Services; 
• grant you access to a Property; ● facilitate communication between you and other users; 
• communicate with you and provide you with support services; 
• provide administrative services and customer service related purposes; 
• send marketing and promotional content to you; 
• provide third-parties with your information for the purpose of sending you marketing information; 
• promote the Platform and the Services; 
• improve, customise and optimise the Platform and the Services; 
• enable us to conduct internal research and statistical analysis; 
• monitor your use of the Platform in order to ensure compliance with the Terms; ● administer any customer loyalty benefits from time to time; and 
• improve our understanding of the marketplace and how you use our Platform and the Services. 

26.4 Storage: We store your personal information securely on servers located in South Africa. We may also store your personal information in the United Kingdom, European Union, and/or the United States of America. We do not store banking details but use a secure third party service provider. The details of the service provider will be provided on the Platform and may be updated from time to time.  

26.5 Consent: You hereby consent to our use and storage of your personal information for the purposes indicated above, including the cross-border transfer of your personal information. 

26.6 Disclosure: We may disclose your personal information in the following circumstances – 

• To the Service Providers who require the User Data in order to perform the Services;  
• To the third party payment service provider; 
• As otherwise provided for in these Terms;  
• Where we have your explicit permission; 
• As required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to 

establish or defend against legal claims, or exercise our legal rights;  

• Where we believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of the Terms of use, or to protect rights, property, or safety of the Platform or other users as required or permitted by law. 
• We may provide information to our related companies or other trusted businesses or persons who work on behalf or with us including our professional advisors, such as our lawyers or auditors. Where information is disclosed to our related companies, those related companies will use the information in compliance with our Privacy Policy. 
• We will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation. We may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features, or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign. Such information will be de-identified. 

26.7 Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may request proof of identity before we disclose personal information to you. Any compromise of data integrity or confidentiality will be reported to you in any manner we consider reasonable and appropriate in the circumstances, including but not limited to via the Platform, email, SMS or any reasonable communication platform. 

26.8 Your rights: You have the right to access, rectify, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. You may exercise these rights by sending us an email at support@Student-house.co.za.  Please note that without certain information we are unable to offer you access to the Platform and may thus terminate these Terms and your use of the Platform in such an event and you will have no claim against us. For your own safety we will not permit any access to or allow any modification or deletion or any personal information without first verifying and being satisfied (in our sole discretion) that you are who you say you are. 

27. GENERAL (APPLICABLE TO THE TERMS AND PRIVACY POLICY)

27.1 Notice: Any notices you wish to send us must be via email to support@Student-house.co.za. You agree that any notices (including documents and legal process) we send to you may be sent via the Platform, cell phone number (including SMS) or email . You also agree that electronic communications (including email, SMS, and communication via the Platform) shall be considered to be “in writing”. 

27.2 Jurisdiction and Choice of Law: Subject to clause 24, these Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Pretoria in any dispute arising from or in connection with these Terms. 

27.3 Severability: Notwithstanding that should any provision of these Terms be illegal or unenforceable, the remaining provisions of these Terms shall continue to be of full force and effect. 

27.4 Whole Agreement:  These Terms continue the entire agreement between us. 

27.5 Own risk: Your use the Platform and the Services is at your own risk, and we make no warranties about it or anything contained in the Platform. 

27.6 Cession and Assignment: We shall be entitled to cede or assign any of its rights, or delegate any of its obligations in these Terms (or any part thereof) without prior notice or consent. 

27.7 Changes: We may change these Terms from time to time. If we do, any changes will be effective immediately and we will take reasonable steps to let you know about any changes, either by a notice on the Website or by sending you an SMS, email or via the Platform. If you keep using the Platform after a change, that means you accept the new terms. 

27.8 Compliance with Laws: It is your sole responsibility to ensure that you comply with all applicable laws and regulations in relation to the Services and the transportation thereof, including, if necessary any import/export taxes as well as South African Reserve Bank approvals. 

27.9 Promotion of Access to Information (PAIA) Manual: For a copy of our PAIA Manual please contact us at: support@Student-house.co.za.   

27.10  Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002: Full name: Kalahari Property Fund (Pty) Limited t/a Student-house.   Website address: www.Student-house.co.za.   Email address: support@Student-house.co.za.    Registration number:  2022/473272/07.   Country of incorporation: South Africa   Chief Executive Officer, Joseph Maluleke