Terms of Service

The Service is operated by Housely (Pty) Ltd ("Housely", "we", "us", or "our"). Company registration number: to be updated.

Physical address: Disa Park, Cape Town, South Africa

Contact details are listed in Section 24 below.

These Terms must be read together with our Privacy Policy and Cookie Policy.

In these Terms:

• "you" or "user" means any person or entity using the Service
• "Service" means the Housely website, apps, and related services
• "Listing" means a rental property listing posted on the Service
• "Content" means text, images, documents, messages, or other material posted or submitted through the Service
• "Match" means a connection created when a renter and landlord mutually express interest in each other (or in a Listing) through the Service

Housely provides a rental-matching platform that enables landlords and renters to discover Listings, swipe and express interest, Match, communicate, schedule viewings, upload verification documents, view soft-screening information, and use optional lease-related tools.

Housely is not, and does not hold itself out to be:

• an estate agent or property practitioner as defined under the Property Practitioners Act, 2019 (or any replacement legislation);
• an attorney, conveyancer, financial advisor, tax advisor, or valuer; or
• a party to any lease, deposit arrangement, or other agreement between users.

Housely has no power as agent or otherwise to negotiate or conclude any agreement on your behalf, and no such power must be inferred. You are solely responsible for all obligations and consequences arising from your negotiations or contracts with other users. You are strongly urged to make detailed enquiries about any party you intend negotiating or contracting with, and to obtain advice from a suitably qualified professional before concluding any contract.

You use the Service at your own risk.

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Keep your login credentials secure and confidential
• Notify us promptly of any unauthorised access or security breach

You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms or pose a risk to other users or the Service.

If you post a Listing or other Content, the following terms apply in addition to the rest of these Terms.

You are solely responsible for Content you submit, including:

• Accuracy of pricing, availability, photos, and property details
• Ownership of the property or valid authority (for example, a management mandate) to list and market it
• Compliance with applicable laws, including the Consumer Protection Act, 2008 (in particular sections 29 to 39), the Rental Housing Act, 1999 (as amended), and advertising standards

You may not submit Content that:

• Is unlawful, fraudulent, false, or misleading
• Is harmful to minors, defamatory, or obscene
• Infringes any third-party intellectual property, privacy, confidentiality, or other rights
• Promotes discrimination or hate speech

Housely does not endorse Listings or Content, does not guarantee their accuracy, and is not obliged to verify every Listing or user. You are responsible for the material you submit and any consequences of posting it.

You grant Housely a non-exclusive, royalty-free, worldwide licence to host, store, display, reproduce, and distribute your Content solely as needed to operate, promote, and improve the Service. We may refuse, remove, or restrict Content or suspend use of listing or matching features, with or without notice, if we reasonably believe these Terms or applicable law have been breached.

We have the right (but not the obligation) to monitor and moderate Content submitted to the Service.

Matching, in-app messaging, viewing scheduling, and document sharing are tools to help users connect. Housely does not guarantee that any Match will lead to a lease, that a user will respond, or that a viewing will take place.

You are responsible for the content of your messages and for arrangements you make with other users (including offline meetings). Take reasonable safety precautions when arranging viewings.

Documents you upload (such as identity documents, payslips, bank statements, or proof of ownership) remain your responsibility. Sharing documents with matched users is done at your direction or through features you enable. See our Privacy Policy for how documents are handled.

Housely may offer document upload, admin verification badges, and soft-screening scores based on information you provide (for example, income-to-rent indicators, document completeness, or preference matches). These tools are informational only. They do not constitute a credit bureau check, affordability assessment, background check, or legal, financial, or professional advice.

Lease templates or related documents made available through the Service are provided for convenience and general information. You and the other party remain responsible for ensuring any lease complies with applicable law (including deposit handling in an interest-bearing account where required under the Rental Housing Act) and for obtaining independent legal advice where appropriate. Housely does not notarize, e-witness, or guarantee the enforceability of any agreement between users unless we expressly state otherwise in writing.

You agree not to use the Service to transmit, distribute, store, or destroy material:

• In violation of any applicable law or regulation
• In a manner that infringes copyright, trademark, trade secret, or other intellectual property rights, or violates privacy or publicity rights
• That is defamatory, obscene, threatening, abusive, or hateful

The following are also prohibited:

• Using any robot, spider, scraper, or other automatic device or manual process to monitor, extract, or copy any part of the Service without our prior written permission
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service
• Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Copying, reproducing, altering, modifying, creating derivative works from, or publicly displaying Service content without permission (except as needed to use the Service as intended)
• Reverse engineering or attempting to discover source code, except to the extent such activity is expressly permitted by law notwithstanding this limitation
• Attempting to access any area of the Service you are not authorised to access

You may not violate or attempt to violate the security of the Service, including:

• Accessing data not intended for you or logging into an account you are not authorised to access
• Probing, scanning, or testing the vulnerability of a system or network, or breaching security or authentication measures, without proper authorisation
• Interfering with service to any user, host, or network (including via malware, flooding, spam, or similar attacks)
• Forging headers or impersonating other users or systems
• Deleting or revising material posted by another person without permission

Security violations may result in civil or criminal liability. We may investigate and cooperate with law enforcement in prosecuting users involved in such violations.

Where payments are offered through the Service (for example, deposits or reservation fees), transactions are processed by PayFast or another payment provider we designate. Housely does not store full payment card numbers, CVV, or similar sensitive card data.

Fees, amounts, and any refund terms will be displayed at the time of the transaction or on applicable pricing pages. Failure to pay amounts due may result in suspension of related features. Unless we state otherwise, fees paid to Housely for platform services are non-refundable.

Housely is not a bank or escrow agent by default. Where a landlord requests a deposit or fee via the Service, the legal relationship regarding that payment is primarily between the paying and receiving users, subject to applicable law and any PayFast terms.

Listings, profiles, messages, documents, screening scores, and other Content are published by users or generated from user-provided information. Housely is not involved as a party in the letting of property and must not be considered a landlord, tenant, or agent in respect of any rental transaction arranged via the Service.

Housely is not responsible for agreements you enter into or decisions you make based on information obtained through the Service.

Whilst we take reasonable measures to protect the integrity of the Service, the Service is provided "as is" and "as available." No warranty, express or implied, is given that the Service will operate error-free or that files or downloads are free of viruses or other harmful components.

To the maximum extent permitted by law, Housely and its directors, employees, and suppliers are not liable for any costs, expenses, losses, or damages of any nature (whether direct, indirect, punitive, incidental, special, or consequential) arising out of or connected with your use of the Service, your inability to use the Service, operational failure of the Service, reliance on Listings or other Content, or dealings with other users—whether based on contract, delict, strict liability, or otherwise.

Without limiting the above, where liability cannot be excluded, Housely's aggregate liability arising from or relating to the Service is limited to the total fees (if any) you paid to Housely for the Service in the six months preceding the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited under applicable laws (including the Consumer Protection Act, 2008, where it applies).

These Terms constitute the entire agreement between you and Housely regarding the Service and supersede prior agreements on that subject. Any failure by Housely to exercise or enforce any right or provision is not a waiver of that right or provision.

If any term is not fully enforceable or valid, it shall be severable from the remaining terms, which will continue in full force and effect.

If a dispute arises between you and Housely that cannot be resolved informally, it may be referred to arbitration conducted in English under the rules of the Arbitration Foundation of Southern Africa (AFSA). Arbitration will be held in Cape Town, South Africa, unless the parties agree otherwise. Subject to applicable law, the unsuccessful party may be ordered to pay costs reasonably incurred by the successful party.

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction, or you from referring an appropriate consumer or rental dispute to a forum that has mandatory jurisdiction (such as a Rental Housing Tribunal or the National Consumer Tribunal) where the law so requires.

For questions about these Terms, contact us:

Email: housley.za@gmail.com

Phone: 079 607 6265

Location: Disa Park, Cape Town, South Africa