StudiProp Terms of Use
Applicable to users of the StudiProp platform
(“the StudiProp Platform”)
Preamble
These terms and conditions govern your use of the StudiProp Platform. By accessing and utilising the StudiProp Platform to obtain services from StudiProp, you acknowledge and agree to be bound by these terms and conditions. The use of the StudiProp Platform is strictly subject to compliance with these terms and conditions.
For your convenience, certain terms and phrases have been defined and are provided at the end of these terms and conditions.
Users expressly acknowledge and agree that StudiProp and the Platform function solely as a platform-as-a-service marketplace, serving as a facilitation and advertisement medium. All formal engagements or negotiations regarding the leasing of a property are the sole responsibility and liability of the Landlord and Tenant.
Definitions
Additional Services: This refers to the provision of priority listings to Landlords, photographing leased premises for the purpose of advertising on the StudiProp Platform, and any other additional services offered by StudiProp from time to time.
Confirmation of Tenancy: The term “Confirmation of Tenancy” refers to the acknowledgment or affirmation by either the Landlord or Tenant, whether written or verbal, that a tenancy agreement has been duly executed or that a rental deposit has been paid, whichever occurs first.
StudiProp: StudiProp (Proprietary) Limited, a private company registered in the Republic of South Africa.
The StudiProp Platform: This refers to the Landlord and Tenant facilitation mobile web-based computer application, software, and other components.
Fee’s: The term “Fee” is used interchangeably to refer to the fee charged by StudiProp for each tenant who secures accommodation through the StudiProp platform, either directly or indirectly. This fee is due upon Confirmation of Tenancy and payable within 30 days of the issuance of an invoice.
Landlord: Anyone listing accommodation on the platform.
Lease Agreement: The agreement of lease concluded between the Landlord and the Tenant.
Leased Premises: The property that is advertised on StudiProp or the subject of the Lease Agreement, as the context dictates.
Profile: A profile allocated to each Landlord and Tenant by the StudiProp Platform, which records the User’s name, address, mobile phone number, age, preferred method of payment of the Rental, and any further information that StudiProp may require from time to time.
Rental: The amount payable by the Tenant to the Landlord in terms of the Lease Agreement.
Tenant: Any user looking for accommodation on the platform.
User: A person who downloads and uses the StudiProp Platform.
User Data: Data pertaining to a User, including that recorded on their Profile, their identity, habits, and preferences relating to the letting and leasing of property, payment methods, address, and communication via the StudiProp Platform.
Use of the StudiProp Platform
StudiProp grants you the right to access and utilise the StudiProp Platform globally on any mobile or internet-enabled device that you own or control, subject to these terms and conditions.
This right is non-exclusive and intended solely for your personal use. You are not permitted to transfer or sublicense the use and enjoyment of the StudiProp Platform, either in whole or in part, to any other individual.
You are prohibited from, and may not attempt to, modify, decompile, disassemble, or otherwise reverse engineer the StudiProp Platform.
Except for the limited rights granted to you under these terms and conditions, you do not acquire any other rights in the StudiProp Platform.
The StudiProp Platform, including its software, operating systems, trademarks, copyrights, database, and other intellectual property rights, is owned by StudiProp and/or any licensor from whom StudiProp has obtained rights under license. These intellectual property rights will never be transferred to you.
By using the StudiProp Platform, you consent to receive communications from StudiProp in any form deemed appropriate by StudiProp, including but not limited to telephone, SMS, electronic communication platforms, and email. Communication with our service team will primarily be conducted via WhatsApp or phone calls, and by using our services, you expressly consent to these methods of communication.
You acknowledge that in order to use the StudiProp Platform, you will need to complete StudiProp’s online Profile application, whether as a Landlord or Tenant. You may hold only one Profile, and it is intended for your personal use only.
It is your responsibility to promptly inform StudiProp of any changes to the information in your Profile, and you warrant that this information will remain accurate throughout your use of the StudiProp Platform.
You understand that you are responsible for all activities and associated costs incurred under your Profile. You agree to keep your Profile username and password secure and confidential at all times. StudiProp will not be liable for any loss or harm resulting from your failure to maintain the security and confidentiality of these details.
While StudiProp strives to manage the Platform and its content, we are not responsible for the complete verification or accuracy of any listings or locations provided by Landlords or partners. Users should confirm all such information directly with the relevant third-party provider, including our listed academic partners, when engaging with them.
StudiProp is not affiliated with any universities (which, like conventional Landlords, remain independent user-Landlords on the Platform) unless explicitly stated otherwise on the Platform or in our advertising. Such relationships, if they exist, are not exclusive.
StudiProp reserves the right, at its sole and absolute discretion, to suspend or terminate your Profile, which will result in the suspension or termination of your right to use the StudiProp Platform.
StudiProp commits to processing and storing your Profile information in compliance with the law and will take reasonable steps to secure and protect your personal information.
You acknowledge and consent to your User Data being shared with Landlords, Tenants, or any third party for the purposes of managing the letting and/or leasing of the Leased Property, providing related services, or for any other lawful purpose.
You also acknowledge and consent to StudiProp disclosing your User Data to any insurer, applicable regulator, or other interested parties in the event of a complaint, dispute, conflict, loss, damage, death, or injury arising from your use of the StudiProp Platform.
Platform and Service Functionality
General Service Details: The StudiProp Platform allows Users to upload personal information, advertise or view advertisements for residential property rentals, arrange property viewings, interact with other Users to finalise Lease Agreements, and access other services related to residential property leasing.
All property descriptions must adhere to our specified format to ensure consistency and accuracy. You acknowledge that StudiProp reserves the right to edit listing descriptions to comply with our formatting standards.
Specific Service Details: The Platform enables Users to ‘apply’ for a specific property to lease. Upon application, StudiProp will forward the applicant’s information directly to the property’s Landlord, allowing the Landlord to contact the applicant.
Tenants use for free. Landlords pay 2% of the annual lease amount to StudiProp as Fee.
Any complaints or queries regarding the StudiProp Platform can be directed to StudiProp’s support team, which can be contacted through the StudiProp Platform.
Booking Process:
- The Tenant makes a free Booking enquiry.
- StudiProp connects them
- Landlord will be sent invoice with Fee
If multiple Tenants make a single Booking enquiry to a Landlord, or if a Tenant includes other Tenants in their Booking enquiry, the Landlord will be invoiced for each Tenant placed under that Booking.
The Facilitation Fee payable by a Landlord is due once a Booking enquiry has been confirmed by a Tenant and is subject to the StudiProp Cancellation Policy. Invoicing occurs upon deal confirmation, and payment is due within 14 days of the invoice unless an alternative arrangement has been agreed upon in writing. Payment extensions may be considered for trusted landlords who have at least one prior paid invoice on record.
Cancellation Policy
If a cancellation occurs within the first 3 calendar months, a credit will be issued for the portion of the Facilitation Fee corresponding to the period during which the tenant did not occupy the property. However, you acknowledge that this cancellation must be communicated to StudiProp within 3 calendar months of the move-in date.
In the event of a deal cancellation or the need for invoice adjustments, valid proof must be provided to facilitate processing.
Further Conditions of Service
Landlords explicitly understand and agree that they bear sole responsibility for identifying, understanding, and complying with all applicable laws, rules, and regulations related to making their properties and services available on the StudiProp Platform and to private Tenants.
If you, as a Tenant or Landlord, have any questions or uncertainties about which laws apply to your provision or receipt of services from other users, you should seek legal advice.
All users acknowledge and explicitly consent to StudiProp conducting verification checks on the data they submit through the Platform. These checks are performed to ensure the accuracy and truthfulness of the information provided, in the interest of the safety and security of all users. Verifications are carried out by authorized verification providers and are strictly subject to all applicable South African data laws and StudiProp’s comprehensive Privacy Policy.
No Circumvention of Services and Platform
StudiProp invests significant time and effort in ensuring that all users adhere to our strict terms, promoting the safety, security, and transparency of the service experience for all parties. Users who attempt to operate outside the prescribed terms and conditions of the Services/Platform may encounter unpredictable and undesirable outcomes for which StudiProp will not be liable.
For the benefit of all users and the integrity of the StudiProp Services and Platform, all users expressly understand and agree that no user may circumvent or attempt to circumvent StudiProp and the Services by providing their own equivalent or related services with the intent to bypass StudiProp for their private benefit, to the detriment of StudiProp. This includes Landlords and Tenants contacting or contracting with each other outside the prescribed processes and allowances of the Services/Platform.
If any user is found, or reasonably suspected, to be engaging in prohibited activities as outlined in these terms, including circumvention as detailed above, such actions will constitute an automatic material breach of these terms. This breach grants StudiProp the right to pursue its full range of legal remedies against the infringing user, including seeking damages for both direct and consequential losses suffered due to the prohibited circumvention.
Specific User Warranties
When using the Platform and/or Services, all users explicitly warrant that they will:
- Not engage in offensive, violent, sexual, disturbing, or other inappropriate behavior on the Platform or in any interactions between users.
- Report any theft or criminal conduct perpetrated against them to the relevant authorities and to StudiProp (with the understanding that StudiProp is under no obligation to take further action in this regard).
- Not, at any time while using the Services and/or Platform, circumvent or attempt to circumvent StudiProp and the Services by providing their own equivalent or related services with the intent to bypass StudiProp for a user’s private benefit, to the detriment of StudiProp.
- Use the Platform and StudiProp services with the understanding that StudiProp is not an estate agent or Landlord in any way, and all liability and responsibility related to the lease relationship between Landlord and Tenant rests exclusively with those users.
- Not use the Platform or services for any commercial purposes or in any manner that misleads others about their relationship with StudiProp.
- Not process any other user’s personal information obtained from the Platform without that user’s express consent, or in any way that violates StudiProp’s Privacy Policy or the privacy rights of users or third parties.
- Not use the Platform for any unauthorized purposes, such as facilitating illegal or undesirable activities, including illegal practices, transactions, or the distribution of unsolicited marketing (i.e., spam marketing).
- Not offer or host any user at their property as a Landlord if they do not lawfully possess the right to do so.
- Not contact another user for any purpose other than to ask a question related to a relevant property, their own Booking enquiry/listing, or the other user’s use of the Platform (including prohibited engagements related, but not limited to, recruiting or soliciting users to join third-party services, applications, or websites).
- Not use the Platform to circumvent StudiProp by attempting, requesting, making, or accepting a Booking enquiry outside and exclusive of the Platform, to StudiProp’s detriment.
- Not discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, nor engage in any violent, harmful, abusive, or disruptive behavior.
- Not use StudiProp’s intellectual property without StudiProp’s prior express written permission.
- Always engage with StudiProp and other users in good faith and for the mutual benefit of all involved parties as much as possible.
- Not use any automated means or processes to collect or process any restricted information accessed via the Platform, nor attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures implemented by StudiProp, StudiProp’s providers, or any other third party to protect the Platform.
- Not perform any act that can or does damage or negatively affect the performance or proper functioning of the Platform in any way.
- Not violate or infringe upon anyone else’s rights or otherwise cause harm to anyone.
Additional Services
StudiProp will prescribe a fee payable by the Landlord for any additional services rendered by StudiProp, which must be paid into StudiProp’s designated banking account. This includes, but is not limited to, fees payable for the execution of the Lease Agreement. Fees will be communicated via Electronic Communication.
Disclaimer and Indemnification
Nothing in these Terms and Conditions is intended to, nor will it, establish any partnership, joint venture, employment, agency, or similar relationship between StudiProp and the Landlord, or between StudiProp and the Tenant.
StudiProp receives data and services from sources that are neither connected to nor controlled by it. StudiProp and its supply chain participants rely on internet connectivity and electronic communications, which are subject to inherent risks and instability. While StudiProp will take reasonable steps to maintain a stable and accessible electronic platform via the StudiProp Platform, it does not guarantee, whether expressly or implicitly, that the platform or the data aggregated within it will be free of instability or errors.
Neither StudiProp nor its proprietors, officers, or employees will be liable for any interruption or delay in the use of the StudiProp Platform, any interception of communications, corruption of data (including User Data) or systems, transfer of computer viruses, errors or misstatements related to any data (including User Data), incompleteness of data (including User Data), improper or inapplicable use of any data, or any claims or losses of any nature arising from or related to the download, installation, access to, or use of the StudiProp Platform or any data (including User Data) aggregated within or processed by the StudiProp Platform.
To the fullest extent permitted by law, you waive any claims against StudiProp, its officers, and employees and hold StudiProp harmless, indemnifying it against any such claims, including but not limited to reputational damage, bodily injury, death, theft, loss, damage to property (including direct, indirect, special, or consequential damages), costs (including legal costs), and claims arising from or related to your use of the StudiProp Platform. StudiProp will take all reasonable steps to monitor, flag, and address suspicious or inappropriate behavior.
Disclaimer of Responsibility
StudiProp has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third party. StudiProp does not endorse any User or Listing. Any references to a User being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Such descriptions do not constitute an endorsement, certification, or guarantee by StudiProp regarding any User or Landlord, including the User’s or Landlord’s identity, background, or whether they are trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, communicate, and interact with other Users or Landlords, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by StudiProp of any User, Landlord, or Listing.
StudiProp is Not a Property Practitioner or Legal Advisor
StudiProp is not, and explicitly does not operate as:
- An estate agent or property practitioner generally, or a “property practitioner” as defined and governed in the Property Practitioners Act, 2019, as amended; or
- An attorney, conveyancer, financial, or tax advisor, unless for the purpose of executing the Lease Agreement- whereby StudiProp has a dedicated qualified Attorney to assist herein.
StudiProp has no power as an agent or otherwise to negotiate or conclude any agreement on any user’s behalf, and no such power must be inferred. All users agree and understand that they are exclusively liable for all obligations and consequences arising from their negotiation or conclusion of any agreement pursuant to their lease arrangement as a Tenant or Landlord. You are strongly urged to make detailed inquiries about any party that you intend to negotiate or contract with and to obtain advice from a qualified professional before concluding any contract.
General Provisions
StudiProp, or any party from whom it receives any element of the StudiProp Platform, may from time to time improve, upgrade, or enhance the StudiProp Platform. Any such improvements or enhancements will be subject to these terms and conditions.
StudiProp may, from time to time, activate temporary marketing campaigns for the StudiProp Platform. In such cases, additional terms and conditions will be disclosed to you and will be considered part of these terms and conditions. It is your responsibility to review these terms and conditions regularly.
StudiProp reserves the right to amend any provision of these terms and conditions at any time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by StudiProp to its website and/or the StudiProp Platform. Your continued access to or use of the StudiProp Platform will be deemed acceptance of the amended terms and conditions. It is important that you review these terms and conditions regularly so that you are aware of any changes.
The law of the Republic of South Africa will govern the interpretation and enforcement of these terms and conditions.
If any provision of these terms and conditions is found by a court to be invalid, void, or unenforceable, the remaining provisions will remain in full force and effect.
No failure by StudiProp to exercise, nor any delay in exercising, any right under these terms and conditions will operate as a waiver of that right. Furthermore, no single or partial exercise of any right under these terms and conditions will preclude any further or other exercise of that right, nor act to the exclusion of any other right.
StudiProp is not affiliated with any universities unless explicitly specified on the website/Platform or through our advertising.