These terms govern your use of this website and the application tools on it (together, the “Platform”). They are a binding agreement between you and Resitec (Pty) Ltd (“Resitec”), of 42 Barrage Road, Vanderbijlpark, 1912.
By accessing, browsing, or using the Platform — including by submitting an application — you accept these terms in full. If you do not agree, you must stop using the Platform immediately. Continued use after any change to these terms is acceptance of the current version (see §14).
You warrant that you are 18 years of age or older (or otherwise have full legal capacity to contract under South African law), that you will use the Platform only for lawful purposes, and that you can conclude a binding agreement with Resitec.
Please read §9 (Liability), §10 (Indemnity), and §3–§5 carefully. Those sections limit Resitec’s risk, require you to assume certain risks, and require you to indemnify Resitec and related parties. They are intended to be drawn to your attention for purposes of sections 48 and 49 of the Consumer Protection Act, 2008, to the extent that Act applies.
[TODO for counsel: confirm CPA s48/s49 notice treatment, including whether any further prominence, separate acknowledgement at application, or wording changes are required before publication.]
1. What these terms do not cover
These terms are not your accommodation agreement, and they are not the managing agent’s own application or letting terms.
Resitec operates the Platform. It does not own, let, or manage any residence, and it is not a party to any accommodation contract. When you apply, you are applying to the managing agent of that residence. Any contract for a bed is between you, that managing agent, and the landlord — not with Resitec.
[TODO for counsel: the managing agent’s application terms are out of scope for this document and are not currently published on this Platform. Confirm whether the application step needs its own terms from the managing agent, or whether acceptance of these terms plus the Privacy Policy is sufficient at the point of application.]
2. Resitec’s role — what we are not
Resitec is a technology platform that displays residence listings and routes applications to the relevant managing agent. Without limiting §1:
- Resitec is not an estate agent.
- Resitec is not a “property practitioner” as defined in the Property Practitioners Act, 2019 (as amended), and does not hold itself out as one.
- Resitec is not a landlord, lessor, managing agent, attorney, conveyancer, or financial or tax adviser.
- Resitec has no power, as agent or otherwise, to negotiate, vary, or conclude any lease, occupancy agreement, or other contract on your behalf or on behalf of any managing agent or landlord. No such power may be inferred from the Platform, any listing, or any communication routed through it.
Nothing in these terms, and nothing on the Platform, establishes a partnership, joint venture, employment, agency, franchise, or similar relationship between Resitec and you, or between Resitec and any managing agent, landlord, residence, advertiser, or other third party.
Resitec does not endorse, recommend, certify, or guarantee any residence, managing agent, landlord, listing, amenity, price, availability, safety, suitability, or legality. Any reference to a residence, agent, or status on the Platform is informational only and is not an endorsement.
3. Using the Platform
You may browse listings and submit an application. In return, you agree that you will:
- Give accurate, complete, and current information. Applying with someone else’s identity, or with an ID document that is not yours, is fraud and will be treated as such.
- Use the Platform only for your own lawful enquiry or application; you may not transfer, sublicense, or commercially exploit access to the Platform.
- Not attempt to access another applicant’s information, another residence’s data, or any part of the Platform not intended for you.
- Not scrape, harvest, crawl, spider, or bulk-download listings, images, or contact details without Resitec’s prior written permission.
- Not use automated means to collect or process information from the Platform, or attempt to bypass any technical measure that protects it.
- Not attempt to disrupt the service, overload it, introduce malware, or probe it for weaknesses without written permission.
- Not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Platform or its software, except to the limited extent that applicable law expressly prohibits this restriction.
- Not modify, translate, create derivative works from, sell, lease, licence, copy, or redistribute the Platform or Resitec’s content, except as expressly allowed in these terms.
- Not discriminate against, harass, threaten, or abuse anyone on the basis of race, national origin, religion, gender, gender identity, disability, medical condition, marital status, age, sexual orientation, or any other protected ground, whether through the Platform or in any engagement that arises from it.
- Not contact another user, managing agent, or landlord for any purpose other than a genuine enquiry about a listing or your own application — including not recruiting, soliciting, or marketing unrelated products or services.
- Not use the Platform to facilitate illegal activity, spam, or any conduct that infringes another person’s rights.
Resitec may, in its sole discretion, suspend, restrict, or terminate your access to the Platform (in whole or in part) at any time, with or without notice, including where Resitec reasonably believes you have breached these terms, that suspension is needed to protect the Platform or other users, or for operational, legal, or security reasons. Suspension or termination does not limit any other rights Resitec may have.
4. Listing and other third-party content
Listing content — photographs, descriptions, amenities, availability, pricing indications, floor plans, brochures, and contact details — is supplied by the managing agent (or landlord) of each residence. Resitec does not independently verify it and is a conduit for its display only.
Resitec does not warrant or guarantee:
- the existence, quality, safety, suitability, or legality of any residence or listing;
- the truth, accuracy, currency, or completeness of any listing description, image, amenity, price, or availability;
- the identity, trustworthiness, or conduct of any managing agent, landlord, or other third party.
Images and descriptions are a representation at the time they were supplied or captured. They may change. A bed shown as available may no longer be available.
You must do your own due diligence before relying on any listing, applying, paying a deposit, signing anything, or otherwise committing. Confirm material facts — including price, availability, rules, deposits, and what is included — directly with the managing agent.
If managing agents or other authorised parties upload or supply content to the Platform (“User Content”), they remain solely responsible for it. Unless the law or a separate written agreement says otherwise, Resitec does not claim ownership of User Content. The party who supplies User Content warrants that they have the right to supply it, that it is accurate and lawful, and that it does not infringe any third-party right. Resitec may edit formatting, decline to display, re-rank, suspend, or remove any listing or User Content in its sole discretion.
You acknowledge that you may be exposed to incomplete, inaccurate, or misleading User Content, and that Resitec is not liable for your reliance on it except to the extent liability cannot lawfully be excluded.
5. Applications
Submitting an application does not create a booking, reserve a bed, or oblige anyone to accept you. The managing agent decides.
Resitec’s role is limited to routing your application to the named managing agent for the residence you selected. Resitec does not decide, influence, score, or review applications. Resitec has no duty to chase the managing agent, to obtain or communicate a decision, to explain why an application was accepted or declined, or to mediate disputes between you and the managing agent or landlord. Questions about outcome or status must be directed to the managing agent.
By submitting an application, you expressly consent — as a condition of using the Platform — to your application information (including identity details and any uploaded documents) being made available to:
- the managing agent of the residence you applied to (as responsible party for that application); and
- the landlord of that residence (as a recipient in connection with the accommodation),
in accordance with the Privacy Policy. How that information is handled is set out there, with a plain-language summary at How We Handle Your Data. Resitec is the responsible party for browsing information; the managing agent is the responsible party for your application. Resitec acts as the managing agent’s operator when storing application information on their behalf.
6. Availability of the Platform
The Platform is provided “as is” and “as available”. Resitec does not promise uninterrupted, timely, secure, or error-free availability, and may change, suspend, or withdraw any part of the Platform at any time. Listings may be added or removed by their managing agents at any time.
Resitec does not warrant that the Platform, any content on it, or any service offered through it is appropriate for use in every jurisdiction, or that it is free of viruses or other harmful components. Use of the Platform is at your own risk, except to the extent that applicable law does not allow risk to be allocated this way.
7. Your information
How your information is handled is set out in the Privacy Policy, with a plain-language summary at How We Handle Your Data. Acceptance of these terms includes acknowledgement of that processing for the purposes described there and in §5.
8. Intellectual property
For these terms, “Intellectual Property Rights” means all intellectual property rights of any kind, including copyright, trade marks, designs, patents, trade secrets, know-how, and database rights, whether registered or not, and all applications and renewals.
The Platform, its design, branding, software, interface, documentation, and underlying technology (“Resitec Content”), and all Intellectual Property Rights in them, belong to Resitec or its licensors. Listing photographs and copy belong to the managing agent or landlord who supplied them (or their licensors).
Except for the limited right to use the Platform as allowed in these terms, nothing grants you a licence to any Intellectual Property Rights belonging to Resitec or its licensors. You must not:
- modify, port, translate, localise, or create derivative works of Resitec Content;
- decompile, disassemble, reverse engineer, or attempt to reconstruct source code, underlying ideas, user-interface techniques, or algorithms in Resitec Content, except where applicable law expressly allows and cannot be waived;
- sell, lease, licence, sublicense, copy, market, transmit, or distribute Resitec Content without Resitec’s prior written consent;
- encumber Resitec Content or any Intellectual Property Rights in it; or
- take any action that places Resitec Content in the public domain or infringes those rights.
Use of Resitec Content for any purpose not expressly permitted by these terms is prohibited. Neither Resitec Content nor listing content may be reproduced without the relevant owner’s permission.
9. Disclaimer of warranties and limitation of liability
Important notice of risk. To the maximum extent permitted by South African law — including, where applicable, the Consumer Protection Act, 2008 — the following applies.
Resitec does not make any warranties, representations, statements, or guarantees, whether express, implied, or residual, regarding the Platform, Resitec Content, listings, User Content, or any service offered on or via the Platform, beyond what these terms expressly state. The Platform and all such content and services are provided on an “as is” and “as available” basis.
Without limiting the above, Resitec makes no representation or warranty as to quality, accuracy, reliability, completeness, merchantability, fitness for a particular purpose, or timeliness of the Platform or any information on it, and does not assume responsibility for errors, omissions, or inaccuracies in listings or other content supplied by third parties.
Neither Resitec nor its shareholders, directors, officers, employees, agents, advisers, affiliates, licensors, or service providers (together, the “Indemnified Parties”) is liable for any loss, harm, damage (whether direct, indirect, special, incidental, or consequential), or expense of any nature suffered by you or any third party arising from or attributable to:
- your access to or use of the Platform;
- any reliance on information on or received via the Platform (including listing content);
- any Resitec Content or User Content;
- any application routed through the Platform, or any act or omission of a managing agent, landlord, or other user;
- downtime, interruption, delay, data loss or corruption, security incidents, or transmission of viruses;
- failure or delay of any third-party service needed for the Platform to operate; or
- any negotiation, contract, payment, deposit, occupation, injury, property damage, or other consequence of a relationship between you and a managing agent or landlord.
Without limiting the generality of the above, the Indemnified Parties are not liable for loss of business, data, profits, opportunity, or reputation, or for unavailability of the Platform for any reason.
Where liability cannot lawfully be excluded, the aggregate liability of the Indemnified Parties arising out of or in connection with these terms or the Platform — whether in contract, delict, or otherwise — is limited to the greater of (a) R5,000 (five thousand Rand) or (b) the total amount (if any) you paid to Resitec for use of the Platform in the 12 months preceding the event giving rise to the claim.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for gross negligence or for death or personal injury to the extent such exclusion is prohibited, or any non-excludable rights under the Consumer Protection Act, 2008.
[TODO for counsel: review the R5,000 cap, the “greater of” formulation, and the CPA carve-outs for enforceability and fairness before publication. Confirm whether a different cap or structure is preferred for B2C applicants vs managing agents.]
10. Indemnity
You agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your breach of these terms;
- your violation of any law or of any third-party right (including Intellectual Property Rights, privacy, or personality rights);
- your User Content, if any, or any claim that content you supplied caused loss to a third party;
- your use of the Platform, including any application you submit; or
- any dispute between you and a managing agent, landlord, or other third party in connection with a listing or accommodation.
This indemnity is in addition to any other rights the Indemnified Parties may have, and survives suspension, termination, amendment, or expiry of these terms or of your access to the Platform.
11. External links and third-party services
The Platform may contain links to third-party websites or rely on third-party services (for example payment, messaging, identity verification, hosting, or analytics providers). Resitec does not control those sites or services and makes no representation about them. Your use of them is at your own risk and may be subject to their own terms and privacy policies. Resitec is not liable for loss arising from your use of third-party sites or services.
12. Advertising
The Platform may contain advertising, sponsorship, or paid placements. Advertisers and sponsors are responsible for ensuring that material they submit complies with applicable law. To the maximum extent permitted by law, the Indemnified Parties exclude liability for any error or inaccuracy in advertising or sponsorship material. Paid placement or ranking does not constitute an endorsement by Resitec of the advertised residence, product, or party.
13. Suspension and termination
Without limiting §3, Resitec may suspend or permanently terminate access to the Platform, remove content, or refuse applications routed through it where it considers this necessary or appropriate. You may stop using the Platform at any time. Provisions that by their nature should survive (including §§8–10, 15, and 16) continue to apply after termination.
14. Changes to these terms
The version number and effective date appear at the top of this page. Resitec may amend these terms at any time. The amended terms take effect when posted on this page (or on such later effective date as is stated).
For material changes, Resitec will update the version and effective date on this page. Where reasonably practicable, and to the extent required for fair notice under applicable law (including the Consumer Protection Act, 2008, where it applies), Resitec may also draw attention to material changes by a notice on the Platform or by other reasonable means.
You should review these terms whenever you use the Platform. Your continued access to or use of the Platform after an amendment takes effect constitutes acceptance of the amended terms. If you do not agree, you must stop using the Platform.
15. Governing law, jurisdiction, and severability
These terms, and any dispute arising from or incidental to them or the Platform, are governed by the law of the Republic of South Africa. You submit to the exclusive jurisdiction of the South African courts.
If any provision of these terms is found unlawful, void, or unenforceable by a competent South African court, that provision is severable and the remaining provisions continue in full force and effect.
No failure or delay by Resitec in exercising any right under these terms operates as a waiver of that right. Any single or partial exercise does not preclude any further exercise of that or any other right.
16. Contact
Resitec (Pty) Ltd
42 Barrage Road, Vanderbijlpark, 1912
Email: dataprotection@resitec.cloud
For privacy requests, use the contacts in the Privacy Policy.