Res Locator | Terms of Service

Welcome to Res Locator!

By accessing or using our platform, you agree to be bound by these Terms of Service("Terms"). Please read them carefully as they establish the legal framework for your interaction with Res Locator.

1. Introduction

Welcome to Res Locator, the platform connecting landlords and students seeking accommodation. By accessing and using our platform, you agree to these Terms.

2. Definitions

- Res Locator: The platform bringing landlords and students together.
- Landlord: An individual or entity offering accommodation through Res Locator.
- Student: An individual seeking accommodation through Res Locator.
- User: Any individual accessing or using the platform, including landlords, students, and visitors.
- Listing: A property advertised by a landlord on the platform.
- Content: Any information, data, or material uploaded or shared by Users.
- Data: Any information collected and processed by Res Locator related to its services.
- POPIA: Protection of Personal Information Act, 2013 (Act No. 4 of 2013) of South Africa.

3. User Registration and Accounts

3.1 Landlords

As a landlord, your account enables you to:
- Post and manage property listings with detailed descriptions, photos, and amenities.
- Communicate with students through the "Enquire" button on the platform, with Res Locator handling initial responses.
- Access insights on listing performance.
- Pay a referral fee of R299.90 for each student who signs a lease and occupies the accommodation for at least seven days, with verification from the student.
- Verify student documents as necessary while complying with data privacy laws.
- Access student details only after confirming availabilit.

3.2 Students

As a student, your account allows you to:

- Search for accommodation based on specific requirements.
- Save favourite listings and contact landlords.
- Use the "Book" button to upload required documents and details for application processing
- Communicate with landlords via the "Enquire" button, with Res Locator managing initial interactions.
-Ensure the accuracy and completeness of personal details and documents

4. Content and Activity Guidelines

4.1 Landlords:

As a landlord using the Res Locator platform, you have specific responsibilities to ensure a positive experience for all users. These responsibilities include:
- Listing Content:Ensure that all information provided in your property listings is accurate, complete, and truthful. Misleading information, exaggerations, or false claims about the property’s condition, amenities, location, or any other aspect of the listing are strictly prohibited. This includes providing clear, current photos and detailed descriptions that accurately reflect the property.
- Verification Documents: Request only the necessary documents required for tenant verification and ensure that you comply with all applicable data privacy laws when collecting, storing, and processing personal information. This includes safeguarding the privacy and security of tenants' personal information and using it solely for the purposes of verifying their eligibility and suitability as tenants. Landlords must avoid collecting unnecessary personal data and must handle all personal information in accordance with relevant data protection regulations.
- Compliance with Local Laws and Regulations: Ensure that your property and rental practices comply with all applicable local laws, regulations, and standards. This includes obtaining any necessary permits or licenses, adhering to building codes, and following regulations related to rental agreements, tenant rights, health and safety standards, and fair housing laws. Non-compliance can lead to legal consequences and negatively impact your standing on the Res Locator platform.
- Fair and Transparent Practices: Engage in fair, non-discriminatory, and transparent practices when interacting with potential and current tenants. This includes setting fair rental prices, providing clear and honest communication about rental Terms of Service, and treating all applicants and tenants with respect and equality regardless of their race, gender, age, nationality, religion, disability, or other protected characteristics.
- Maintenance and Upkeep: : Ensure that the property is well-maintained and safe for tenants. This includes addressing maintenance issues promptly, conducting regular inspections to ensure the property remains in good condition, and making necessary repairs in a timely manner. Landlords must also ensure that all utilities and amenities described in the listing are in working order and available to tenants as promised.
- Responsiveness and Communication: Maintain open, respectful, and timely communication with tenants and potential tenants. Respond promptly to inquiries, provide clear and accurate information, and address any concerns or issues raised by tenants in a professional manner. Effective communication helps build trust and a positive landlord-tenant relationship.
- Conflict Resolution: Be proactive in resolving any disputes or conflicts that may arise with tenants. This includes being willing to negotiate and find amicable solutions to issues related to rental Terms, property conditions, or other concerns. Utilising Res Locator’s support services for mediation or dispute resolution may also be beneficial in maintaining a harmonious rental experience.
- Honouring Commitments: Honor all commitments and agreements made with tenants. This includes adhering to the terms of the rental agreement, providing access to the property as described, and respecting tenants' rights to privacy and quiet enjoyment of the property.

4.2 Students:

As a student using the Res Locator platform, you have specific responsibilities to ensure a positive and secure experience for yourself and others. These responsibilities include:
- Document Uploads: Ensure that all documents uploaded to the platform are accurate, relevant, and up to date. This includes providing genuine identification documents, proof of enrolment, financial statements, or any other required documentation. Misrepresentation, falsification, or providing outdated documents can result in account suspension or termination.
- User Activity: Conduct all interactions and activities on the platform with respect and in accordance with the law. This includes maintaining a courteous and professional tone in all communications with landlords and other users. Engage in lawful behaviour at all times, avoiding any actions that could be considered harassment, discriminatory, or abusive.
- Respectful Communication: Treat all landlords, fellow students, and platform personnel with respect and professionalism. Refrain from using offensive, inappropriate, or discriminatory language in messages or reviews. Ensure that all questions, requests, and concerns are communicated clearly and respectfully.
- Avoid Spamming: Do not engage in spamming or sending unsolicited messages to landlords or other users. All communications should be relevant, necessary, and directly related to your rental search or inquiries. Repeated, irrelevant, or excessive messaging can lead to disciplinary action by the platform.
- Platform Transactions: Conduct all rental transactions and related activities through the Res Locator platform to ensure security and transparency. Avoid making side agreements or payments outside the platform, as this can compromise your safety and the integrity of the transaction. Utilizing the platform’s built-in payment and communication tools helps protect both students and landlords from fraud and misunderstandings.

- Compliance with Platform Policies: Familiarize yourself with and adhere to all Res Locator policies and terms of service. This includes respecting any additional guidelines or rules specific to individual listings or landlord requirements.
- Timely Responses: Respond to landlord inquiries and requests for information promptly and thoroughly. Delayed or incomplete responses can hinder the rental process and reflect poorly on your reliability as a tenant. Ensure that you provide all requested information in a timely manner to facilitate a smooth transaction.
- Honesty and Transparency: Be honest and transparent in all your dealings on the platform. This includes providing truthful information about your housing needs, budget, and any other relevant details.
- Respect for Property: If visiting or viewing a property, treat the property and its surroundings with respect. Follow any guidelines provided by the landlord for property visits and leave the property in the same condition as you found it.
- Feedback and Reviews: Provide fair and constructive feedback and reviews based on your experiences. Honest reviews help improve the platform and assist other students in making informed decisions. Avoid leaving false or misleading reviews, as these can unfairly damage a landlord’s reputation.

4.3 General User Guidelines

• Refrain from inappropriate behaviour.
• Report any misconduct to the relevant authorities and Res Locator promptly.
• Do not circumvent Res Locator services for private transactions.

5. Transactions and Payments

5.1 Referral Fee System

• Referral Fee: Res Locator is transitioning to a referral fee model. Landlords will be charged a referral fee of R299.90 for each student who signs a lease and occupies the accommodation for at least seven days, with verification from the student. This fee is applicable upon verification of the student's stay and replaces the previous subscription-based payment model.

5.2 Payment Processing

• Payment Method: Payments for referral fees will be processed using the preferred payment method designated in your Res Locator account. Payments made in this manner will be considered as payments made directly by you to Res Locator.
• Payment Timing: Referral fees are due immediately upon verification of the student's lease and occupancy. If your primary payment method is expired, invalid, or otherwise not chargeable, Res Locator may use a secondary payment method on your account, if available.

5.3 Changes to Fees

• Fee Adjustments: Res Locator reserves the right to establish, modify, or remove referral fees for any or all services provided through the platform at any time and at its sole discretion. Any changes to the referral fees will be communicated to you in advance. You acknowledge that referral fees may vary based on different promotional offers or discounts that Res Locator may provide to certain users from time to time. Such offers and discounts will not affect your referral fee unless specifically provided to you.

5.4 Cancellation and Refunds

• No refunds: Charges for referral fees are final and non-refundable. Once a referral fee is processed, it cannot be refunded, regardless of the student's subsequent status or decision

5.5 Feedback

• Continuous Improvement:This payment structure is designed to better align with landlord feedback and enhance the value of the Res Locator platform. After transactions, you will have the opportunity to rate your experience and provide feedback, which will help us to continuously improve our services.

6. Responsibilities and Limitations

6.1 User Responsibilities

Users are responsible for their actions, behaviour, and content on the Res Locator platform. This includes but is not limited to the following:

• Actions and Omissions: Users are accountable for their own acts and omissions when using the Platform.
• Content: Users must ensure that all information, data, and material uploaded or shared on the platform (collectively, "Content") are accurate, genuine, and not misleading. This includes, but is not limited to, property listings by landlords and verification documents by tenants. Users must adhere to all guidelines regarding content upload and platform activity. Inappropriate content, including offensive, discriminatory, or harassing material, is strictly prohibited.
• Integrity and Respect: Users must act with integrity and treat others with respect at all times. This includes maintaining respectful and positive communication with other users on the platform and avoiding any form of offensive, discriminatory, harassing, threatening, or illegal behaviour. Users must comply with applicable laws at all times.
• Accurate Information: Users are responsible for ensuring the accuracy and completeness of their account information and any documents they upload to the platform. This includes updating any information that may change over time to maintain its accuracy.
• Compliance with Laws and Regulations:: Users are responsible for ensuring their actions comply with all applicable laws, rules, and regulations. This includes adhering to data privacy laws when collecting and storing personal information, as well as any local regulations related to rental properties.
• Reporting Misconduct: : Users must promptly report any instances of violations of these Terms to Res Locator. This helps maintain a safe and trustworthy community for all users.

6.2 Res Locator’s Responsibilities

Res Locator is committed to providing a reliable and user-friendly platform that facilitates interactions between landlords and students. However, it is essential to understand the scope and limitations of Res Locator’s responsibilities:

• Provision of Platform: Res Locator is responsible for providing and maintaining the platform that enables landlords to list their properties and students to search for and communicate with potential landlords. This includes ensuring that the platform is accessible and functional to the best of our ability. However, Res Locator does not take responsibility for the content of the listings or the outcomes of interactions between users.
• Neutral Marketplace: Res Locator acts as an intermediary that facilitates the connection between landlords and students. We do not take part in or bear responsibility for the actual agreements or transactions conducted between users. This means that any rental agreements, payments, and disputes are solely the responsibility of the involved parties. Res Locator does not guarantee the performance or reliability of either landlords or students in fulfilling their contractual obligations.
• Platform Accuracy and Reliability: Res Locator strives to ensure that the information provided on the platform is accurate and up to date. This includes taking reasonable steps to verify the legitimacy of listings and user accounts. However, we cannot guarantee the accuracy, completeness, or reliability of all information presented on the platform. Users are encouraged to conduct their own due diligence before entering into any agreements or transactions.
• Service Availability: While Res Locator aims to provide continuous and uninterrupted access to the platform, we do not guarantee that the platform will always be available or that it will operate without errors. There may be instances where the platform experiences downtime due to maintenance, technical issues, or other unforeseen circumstances. Res Locator will make reasonable efforts to minimise disruptions and restore service as quickly as possible.
• User Support and Communication: : Res Locator is committed to providing support to users in navigating the platform and addressing any technical issues they may encounter. Our support team is available to assist with questions and concerns related to the platform's functionality. However, Res Locator is not responsible for resolving disputes between users or enforcing the terms of rental agreements.
• Privacy and Data Security: Res Locator is responsible for implementing appropriate measures to protect user data and ensure privacy. This includes adhering to data protection laws and utilising secure technologies to safeguard personal information. Users are also responsible for maintaining the confidentiality of their account information and promptly reporting any suspected unauthorised access.
• Policy Enforcement: : Res Locator is responsible for enforcing its policies and terms to maintain a safe and respectful environment for all users. This includes monitoring the platform for violations, taking appropriate action against non-compliant users, and responding to reports of misconduct. However, Res Locator relies on user cooperation to report any issues or breaches of the terms.
• Content Moderation:Res Locator has the responsibility to moderate content on the platform to ensure that it aligns with our standards and policies. This includes reviewing and, if necessary, removing content that is misleading, inappropriate, or violates our terms. However, given the volume of content, Res Locator cannot prescreen all user-generated content and relies on community reports to identify problematic listings or behaviour.
• Educational Resources: : Res Locator may provide educational resources, guidelines, and tips to help users navigate the rental process and make informed decisions. These resources are intended to assist users but do not replace the need for users to exercise their own judgment and due diligence.

6.3 Limitations of Liability

Res Locator (including its affiliates and personnel) shall not be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with: (i) these Terms, (ii) the use of or inability to use the Res Locator platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Res Locator platform, or (iv) publishing or booking of a Listing, including the provision or use of landlord services, whether based on warranty, contract, delict (including negligence), product liability or any other legal theory, and whether or not Res Locator has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. These limitations of liability and damages are fundamental elements of the agreement between you and Res Locator. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
These limitations of liability and damages are fundamental elements of the agreement between you and Res Locator. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to you.

6.4 Indemnity

You agree to indemnify and hold Res Locator, its affiliates, officers, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

(i) Your use of the Res Locator platform, including any transactions or interactions with other users;
(ii)Your breach or violation of any of these Terms;
(iii) Any content you upload or share on the Res Locator platform, including but not limited to property listings, reviews, or other user-generated content;
(iv) Your violation of the rights of any third party, including but not limited to other users, landlords, tenants, or any other individuals or entities;
(v) Any claims arising from the condition, legality, safety, or suitability of the accommodations or properties listed on the platform. This indemnification obligation includes but is not limited to any claims, damages, or liabilities arising from personal injury, property damage, or any other harm resulting from your actions or omissions. By using the Res Locator platform, you acknowledge and agree to these indemnification provisions, ensuring that Res Locator remains protected from any legal or financial repercussions resulting from your conduct or use of the platform.

This indemnification obligation includes but is not limited to any claims, damages, or liabilities arising from personal injury, property damage, or any other harm resulting from your actions or omissions.
By using the Res Locator platform, you acknowledge and agree to these indemnification provisions, ensuring that Res Locator remains protected from any legal or financial repercussions resulting from your conduct or use of the platform.

7 Intellectual Property

Res Locator values and respects the intellectual property rights of both the platform and its users. This section outlines the ownership and usage rights related to the platform and the content shared by users.

7.1 Platform Ownership

All intellectual property rights in and to the platform, including but not limited to the design, text, graphics, logos, images, software, and underlying code, are owned by or licensed to Res Locator. This includes any and all enhancements, modifications, or developments made to the platform over time. Users are granted a limited, nonexclusive, non-transferable, and revocable license to access and use the platform in accordance with these Terms. This license does not give users any rights to the platform beyond what is expressly provided.

7.2 User-Generated Content

Users retain ownership of any content they post or share on the platform, including but not limited to property listings, images, descriptions, reviews, documents and communications (collectively, "User Content"). By submitting User Content to the platform, users grant Res Locator a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such User Content. This license allows Res Locator to operate, promote, and improve the platform and to develop new services.

7.3 Scope of the License

The license granted by users to Res Locator includes the right to:
Display User Content: Make User Content available to other users and third parties as part of the services offered by the platform.
Modify and Adapt User ContentAdjust the format, size, and layout of User Content to better fit the platform's design and functionality.
User in Marketing and Promotions : Utilise User Content in Res Locator's marketing and promotional materials, both online and offline, to attract more users and improve platform visibility.

7.4 User Warranties

By uploading or sharing User Content, users represent and warrant that they own or have the necessary rights and permissions to use and license the content to Res Locator as described in these terms. Users also warrant that their content does not infringe upon any third-party rights, including intellectual property rights, privacy rights, or any other proprietary rights.

7.5 Intellectual Property Infringement

Res Locator respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property rights have been infringed by content on the platform, please contact us with detailed information about the alleged infringement so that we can investigate and take appropriate action. Res Locator reserves the right to remove or disable access to infringing content and to terminate the accounts of repeat infringers.

7.6 Trademarks

All trademarks, service marks, logos, and trade names associated with Res Locator are the property of Res Locator or its licensors. Users are not permitted to use these marks without the prior written consent of Res Locator. Unauthorised use of any Res Locator trademarks or service marks is strictly prohibited and may constitute a violation of South Africa’s trademark laws

7.7 Feedbacks and Suggestions

Any feedback, suggestions, or ideas provided by users regarding the platform (collectively, "Feedback") are considered non-confidential and non-proprietary. By submitting Feedback, users grant Res Locator a worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, distribute, and incorporate the Feedback into the platform or other products or services.

8 Data Privacy

Res Locator is committed to protecting the privacy of its users and handling their personal information with the utmost care and in compliance with applicable data protection laws, including the Protection of Personal Information Act (POPIA). This section outlines how Res Locator collects, uses, and safeguards user data.

8.1 Data Collection

Res Locator collects various types of personal data from users to provide and enhance the services offered through the platform. The types of data collected may include, but are not limited to:
• Personal Identification Information: Such as name, email address, phone number, university acceptance letter, bursary acceptance letter, 3 months’ bank statement and physical address.
• Demographic Information Information about how users interact with the platform, including IP addresses, browser type, operating system, and access times.
• Usage Data Records of communications with Res Locator, such as customer support inquiries and responses.
• Communication Data Records of communications with Res Locator, such as customer support inquiries and responses.

8.2 Data Use

Res Locator uses the collected data for various purposes to ensure the smooth operation and improvement of the platform. This includes:

• Providing Services: Facilitating user interactions, transactions, and communications on the platform.
• Enhancing User Experience: Customizing and personalizing the user experience based on preferences and usage patterns.
• Communication: Sending users important information regarding their accounts, transactions, and updates about the platform. Users consent to receiving such communications by agreeing to these terms.
• Marketing and Promotions: Sending promotional materials, offers, and updates about Res Locator’s services. Users can opt out of marketing communications at any time.
• Analytics and Improvement: Analysing data to understand usage trends and improve the platform’s functionality and services.

8.3 Data Protection

Res Locator employs robust security measures to protect user data from unauthorized access, alteration, disclosure, or destruction. These measures include:
• Encryption: Using encryption technology to protect sensitive information during transmission.
• Access Controls: Restricting access to personal data to authorized personnel only.
• Regular Audits: Conducting regular security audits and assessments to identify and address vulnerabilities.

8.4 Data Sharing

Res Locator may share user data with third parties under the following circumstances:
• Service Providers: Sharing data with third-party service providers who assist in operating the platform and delivering services, under strict confidentiality agreements.
• Legal Compliance: Disclosing data to comply with legal obligations, such as responding to lawful requests from public authorities.
• Business Transfers: In the event of a merger, acquisition, or sale of assets, user data may be transferred to the acquiring entity.

8.5 User Rights

Users have rights regarding their personal data, including:
• Access: Requesting a copy of the personal data held by Res Locator.
• Correction: Requesting the correction of inaccurate or incomplete data.
• Deletion: Requesting the deletion of personal data, subject to certain conditions.
• Objection: Objecting to the processing of personal data for specific purposes.
• Data Portability: Requesting the transfer of personal data to another service provider.

8.6 Data Rentention

Res Locator retains personal data for as long as necessary to fulfil the purposes for which it was collected and to comply with legal obligations. When personal data is no longer needed, Res Locator will securely delete or anonymise it.

8.7 Cookies and Tracking Technologies

Res Locator uses cookies and similar tracking technologies to enhance user experience and gather information about platform usage. Users can manage their cookie preferences through their browser settings.

8.8 Consent and Changes to Privacy Policy

By using the platform, users consent to the collection, use, and sharing of their data as described in this privacy policy. Res Locator reserves the right to update this policy periodically. Users will be notified of significant changes and their continued use of the platform will constitute acceptance of the updated policy.

9 Dispute Resolution

- Users are encouraged to resolve disputes amicably. Legal actions are subject to the jurisdiction of South African courts.

10 Additional Information

- Landlords must ensure their properties comply with laws and regulations.
- Res Locator reserves the right to modify these Terms at any time by posting updates on the platform. Users are responsible for staying informed of changes.

11. Verification of Property Listings

To maintain the integrity and trustworthiness of the Res Locator platform, it is essential that all property listings undergo a rigorous verification process. This ensures that all properties listed are legitimate and accurately represented to potential tenants. Below are the detailed requirements and steps for landlords to verify their property listings:

11.1 Proof of Ownership

Landlords must provide clear evidence of their ownership or legal right to lease the property. Acceptable forms of proof include
• Title Deed: A copy of the title deed that clearly indicates the landlord’s ownership of the property.
• Lease Agreement: For sub-leasing situations, a copy of the lease agreement that grants the landlord the right to lease the property.
• Other Legal Documents: Any other documentation that can substantiate the landlord’s ownership or leasing rights, such as a property tax statement.

11.2 Accurate Descriptions

Landlords are required to provide accurate and detailed descriptions of their properties. This includes:
• Property Type: Clearly stating whether the property is an apartment, house, or other types.
• Location: Providing the exact address and location details.
• Features and Amenities: Listing all features, such as the number of bedrooms and bathrooms, kitchen facilities, parking availability, and any other amenities.
• Condition of the Property: Describing the current condition of the property, including any recent renovations or repairs.

11.3 High-Quality Photos

To give potential tenants a clear and accurate view of the property, landlords must upload high-quality photographs that accurately represent the property. Requirements for photos include:
• Current and Clear: Photos must be recent and clear, avoiding any alterations or enhancements that misrepresent the property.
• Comprehensive Coverage: : Including photos of all significant areas of the property, such as living spaces, bedrooms, bathrooms, kitchen, exterior views, and any notable features or amenities.
• Multiple Angles: : Providing images from multiple angles to give a complete perspective of each area.

11.4 Necessary Documentation

Landlords must submit all required documentation as part of the verification process. This includes, but is not limited to:
• Proof of Ownership Documents: As outlined in section 11.1.
• Safety and Compliance Certificates: Any certificates related to the safety and compliance of the property, such as fire safety certificates or occupancy permits.
• Identification: A copy of the landlord’s government-issued ID to verify their identity.

11.5 Verification Process

The verification process conducted by Res Locator involves several steps to ensure the authenticity and accuracy of property listings:
• Document Review: Res Locator will review all submitted documents to verify ownership and compliance.
• Property Inspection: : In some cases, Res Locator may conduct a physical inspection of the property to ensure it matches the description and photos provided.
• Interview: Landlords may be required to participate in an interview or provide additional information if there are any discrepancies or questions about the listing.
• Approval Notification: Once the verification process is complete, landlords will be notified of their listing’s approval or any required corrections.

11.6 Ongoing Compliance

Even after initial verification, landlords must ensure ongoing compliance with Res Locator’s standards. This includes:
• Updating Information: Promptly updating any changes to the property or its status.
• Maintaining Accuracy: Continuously ensuring that all information, photos, and documents associated with the listing remain accurate and up to date.
• Responding to Inquiries: Addressing any questions or requests for additional information from Res Locator or potential tenants in a timely and accurate manner.

Terms of Service