Terms of Service

Welcome to RentSmart. These Terms of Service constitute a legally binding agreement between you and RentSmart regarding your use of our website, applications, and related services.

These Terms may be updated from time to time. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. We will notify you of material changes as described in Section 15.

Agreement Formation: Your agreement with us includes these Terms and our Privacy Policy, which is incorporated by reference.

For purposes of these Terms, the following definitions apply:

To use our Services, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete information during registration

Account Restrictions

You may not create an account if you:

• Have been previously suspended or terminated from our Services
• Are listed on any government prohibited persons list
• Have been convicted of certain criminal offences related to housing fraud

Platform Services

RentSmart provides an online marketplace that connects landlords, agents, and tenants. Our Services include:

• Property listing and search functionality
• Tenant application and communication tools
• Messaging systems between users
• Analytics and reporting tools for property owners

Service Availability

• Services are provided "as is" and "as available"
• We may modify, suspend, or discontinue Services at any time
• Geographic restrictions may apply to certain Services

Platform Safe-Harbor

RentSmart operates exclusively as a neutral technology intermediary. We facilitate connections between users but are not a party to any rental agreement, lease, tenancy, or related transaction concluded through or outside our Platform.

• Rental agreements are formed directly between landlords (or their authorised agents) and tenants. RentSmart has no role in negotiating, executing, or enforcing those agreements.
• RentSmart is not liable for any damage to, or loss of, a property caused by a tenant, nor for any unlawful eviction, harassment, or failure to maintain a property carried out by a landlord or agent.
• RentSmart is not liable for any failure by either party to honour the terms of a rental agreement, for unpaid rent, for security-deposit disputes, or for any loss arising from a rental transaction.
• All users enter rental relationships entirely at their own risk and are solely responsible for conducting their own due diligence before concluding any agreement.

Account Creation

• You must provide accurate, current, and complete information
• You are responsible for maintaining account security
• You must notify us immediately of any unauthorized access
• One person may maintain only one account unless otherwise authorized

Account Responsibilities

• Keep login credentials confidential
• Update information promptly when changes occur
• Report suspicious activity immediately
• Comply with all applicable laws and regulations

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must:

• Provide accurate and truthful information
• Respect the rights and privacy of other users
• Comply with all applicable laws and regulations
• Maintain professional and respectful communication

Prohibited Activities

You may not:

• Post false, misleading, or fraudulent information
• Harass, threaten, or abuse other users
• Attempt to circumvent security measures
• Use automated systems to access our Services without permission
• Post spam, solicitations, or unauthorized advertising
• Infringe on intellectual property rights
• Use our Services for any illegal purpose

Consequences of Violations

• Warning notices and account restrictions
• Temporary or permanent account suspension
• Removal of content or listings
• Legal action and law enforcement referral

User Content

You retain ownership of content you post but grant us a license to:

• Display and distribute your content on our Platform
• Modify content for technical or operational purposes
• Use content for platform functionality and improvements

Content Standards

All content must:

• Be accurate and not misleading
• Comply with applicable laws
• Not infringe on third-party rights
• Be appropriate for a professional platform

Property Image Upload Standards

RentSmart provides listing services to landlords, agents, and property managers. To preserve the integrity of the platform and protect all users, all uploaded property images must comply with the following mandatory standards:

• No watermarks or overlays — Images must be free of overlaid text, logos, agency branding, watermarks, or any graphic element that obscures the property. This includes digitally embedded contact details, promotional slogans, or third-party branding of any kind.
• No embedded contact information — Phone numbers, email addresses, website URLs, WhatsApp numbers, and similar contact details must not appear within the image itself. Contact information is managed exclusively through your verified profile and is shared with prospective tenants through authorised platform channels only.
• No circumvention of platform channels — Embedding contact details in images for the purpose of directing enquiries away from the platform — whether to avoid subscription fees, bypass lead-management systems, or conduct transactions off-platform — constitutes a material breach of these Terms. This includes but is not limited to printing phone numbers, WhatsApp numbers, or URLs onto listing photographs.
• Authentic, accurate representation — Photos must be genuine, current images of the actual property being listed. Digitally altered, stock, or unrelated images are prohibited.
• Clear and unobstructed — Images should be well-lit and clearly show the property without misleading filters, heavy editing, or visual obstructions that misrepresent the space.

RentSmart Intellectual Property

Our Platform contains proprietary content including trademarks, logos, branding, interface designs, and database compilation. You may not use these without written permission.

Payment Terms

• All payments are processed through authorized payment processors
• You must provide valid payment information
• You are responsible for all applicable taxes and fees

Subscription Services

• Subscriptions do not automatically renew
• We may modify subscription terms with advance notice

Rental Transactions

• Rental agreements are directly between landlords and tenants
• We do not collect or distribute rent payments
• All parties must comply with applicable housing regulations

Your privacy is important to us. Our Privacy Policy, incorporated by reference into these Terms, describes how we collect, use, and protect your personal information.

Key Privacy Practices

• We collect only information necessary to provide our Services
• We use industry-standard security measures
• We do not sell personal information to third parties
• You can control many privacy settings in your account

Data Sharing

• With other users as necessary for platform functionality
• With service providers who assist in platform operations
• As required by law or legal process
• With your explicit consent

Service Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including:

• Merchantability and fitness for a particular purpose
• Non-infringement and title
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free service

User Content Disclaimer

• We do not verify the accuracy of user-posted information
• We are not responsible for user conduct or interactions
• We do not guarantee the quality or legality of listed properties

Third-Party Services

• We integrate with third-party services but do not control them
• We are not responsible for third-party failures or errors

You agree to indemnify, defend, and hold harmless RentSmart, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of:

• Your use of our Services
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Content you post through our Services
• Your interactions with other users
• Your rental transactions and agreements

Indemnification Process

• We will notify you promptly of any claims
• You may assume control of the defense with qualified counsel
• You may not settle claims without our written consent
• This obligation survives termination of these Terms

Termination by You

• You may terminate your account at any time through account settings
• Termination does not relieve you of outstanding payment obligations
• Some data may be retained as required by law or policy

Termination by Us

We may terminate or suspend your account for:

• Violation of these Terms
• Illegal or harmful activity
• Prolonged inactivity
• As required by law or court order

Effects of Termination

• Your access to Services will be immediately suspended
• Your content may be removed from our Platform
• Certain provisions of these Terms survive termination
• You must cease all use of our intellectual property

Informal Resolution

Before initiating formal proceedings, you must:

• Contact our support team to discuss the issue
• Provide detailed information about your complaint
• Allow us 30 days to attempt resolution
• Participate in good faith discussions

Class Action Waiver

You agree that:

• Disputes will be resolved on an individual basis only
• You waive the right to participate in class actions
• Consolidated or representative proceedings are prohibited

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and RentSmart regarding use of our Services and supersede all prior agreements.

Severability

If any provision of these Terms is held unenforceable, the remaining provisions continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Contact Information

For questions about these Terms, contact us at:

• Legal: legal@rentsmart.africa
• Support: servicedesk@rentsmart.africa

Official WhatsApp Number

RentSmart provides a WhatsApp-based service for property listings, tenant searches, and account management. Our official WhatsApp number is:

Message Retention

To protect your privacy, WhatsApp conversation history is automatically and permanently deleted after 90 days of inactivity.

• Deletion is irreversible — we cannot recover purged conversations
• Property listings created via WhatsApp are not affected and remain on the platform until you remove them