Last Updated: 8 May 2025
Welcome to Rental Rights! We provide online services to tenants in South Africa to help them understand their rental rights and navigate common rental issues. By accessing and using our services, you agree to be bound by the following Terms and Services. Please read them carefully.
1. Acceptance of Terms
By accessing our website, creating an account, or purchasing any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and Services. You will be required to explicitly agree to these terms before completing any purchase or booking. If you do not agree with any part of these terms, you must not use our services.
2. Description of Services
Rental Rights offers the following paid online services to tenants in South Africa:
- 2.1. Basic Insights Call: This service provides a paid consultation via telephone or video call where you can discuss your rental concerns with a Rental Rights consultant. Our consultant will offer general advice, information, and potential next steps based on the information you provide and our understanding of the relevant legislation.
- 2.2. Agreement Analysis Package: This service involves you submitting your rental/lease agreement to Rental Rights for review. We will analyse the agreement and provide you with feedback highlighting clauses that may be unclear, potentially unfair, or may not align with the Rental Housing Act 50 of 1999.
- 2.3. PPRA Complaint Support Package: This service offers assistance to tenants wishing to file a complaint with the Property Practitioners Regulatory Authority (PPRA) against a property practitioner. We provide guidance on understanding the PPRA complaint process, completing the required forms, and compiling necessary supporting documentation.
3. Important Disclaimer – No Legal Advice
- 3.1. Not Legal Professionals: Rental Rights and its consultants are not registered legal practitioners, attorneys, or advocates. The information, advice, and guidance provided through any of our services are based on our experience, understanding of the Rental Housing Act 50 of 1999 and the Property Practitioners Act 22 of 2019 (including the Property Practitioners Code of Conduct), and publicly available information.
- 3.2. Information, Not Legal Advice: Our services are intended to provide general information and guidance to help you understand your rights and options. This information does not constitute legal advice. For legal advice specific to your situation, you should consult with a qualified and registered legal professional in South Africa.
- 3.3. Reliance on User Information: The quality and accuracy of our services depend heavily on the information you provide. Rental Rights cannot be held liable for any outcomes resulting from incomplete, inaccurate, or misleading information provided by you. We will base our insights, analysis, and support solely on the information and documentation you submit.
- 3.4. Scope of Legislation: Our determinations, advice, and analysis are based primarily on our interpretation of the Rental Housing Act 50 of 1999 and the Property Practitioners Act 22 of 2019 (including the Property Practitioners Code of Conduct). Other legislation or legal principles may be applicable to your specific situation, which we may not cover.
4. User Responsibilities
As a user of Rental Rights' services, you agree to:
- 4.1. Accurate Information: Provide true, accurate, current, and complete information about yourself and your rental situation as prompted by our service intake processes.
- 4.2. Necessary Documentation: For services like the Agreement Analysis Package and PPRA Complaint Support Package, you are responsible for providing clear, legible, and complete copies of all relevant documentation required for us to perform the service.
- 4.3. Lawful Use: Use our services for lawful purposes only and in accordance with these Terms and Services.
- 4.4. Confidentiality of Account: If you create an account with us, you are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
- 4.5. Timely Communication: Respond to any requests for further information or clarification from Rental Rights in a timely manner to ensure efficient service delivery.
5. Payment Terms
- 5.1. Service Fees: All services offered by Rental Rights are subject to a fee. The current fees for each service will be clearly displayed on our website at the time of booking or purchase.
- 5.2. Payment Methods: We accept payments through the payment methods indicated on our website (e.g., secure online payment gateways, Electronic Funds Transfer (EFT)).
- 5.3. Payment Due: Payment for all services is due in full at the time of booking or ordering the service, unless otherwise explicitly stated. Services will only be rendered once full payment has been received and confirmed.
- 5.4. No Set-Off: You are not entitled to withhold any payment due to us for any reason, including any alleged breach of these Terms and Services by Rental Rights.
- 5.5. Taxes: All prices are inclusive of Value Added Tax (VAT) if applicable, unless stated otherwise.
6. Booking and Service Delivery Process
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6.1. Basic Insights Call:
- Booking: Insights Calls must be booked in advance through the booking system on our website. You will be required to select an available date and time slot and provide preliminary information about your rental concern.
- Confirmation: Once payment is confirmed, you will receive a booking confirmation email with the details of your scheduled call.
- Conduct of Call: The call will be conducted via telephone or a designated video conferencing platform at the scheduled time.
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6.2. Agreement Analysis Package:
- Submission: After purchasing the package, you will receive instructions on how to securely submit your rental agreement and any other relevant documents to us (e.g., via a secure online portal or dedicated email address).
- Review Period: We will aim to review your agreement and provide feedback within the timeframe specified on our website at the time of purchase. This timeframe may vary depending on our current workload.
- Delivery of Feedback: Feedback will be provided in a written format (e.g., a PDF document) delivered to your nominated email address.
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6.3. PPRA Complaint Support Package:
- Submission: After purchasing the package, you will receive instructions on how to securely submit details of your complaint and any supporting documentation you have gathered.
- Guidance Process: We will review the information and provide guidance on completing the official PPRA complaint forms and advice on what supporting documentation is typically required. This may involve email correspondence and, if included in the specific package, a follow-up call.
- User Responsibility for Filing: You remain solely responsible for the actual completion, signing, and submission of your complaint and all supporting documents to the PPRA. Rental Rights does not file complaints on your behalf.
7. Limitation of Liability
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7.1. To the maximum extent permitted by South African law, Rental Rights, its directors, employees, consultants, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of data, loss of goodwill, or other intangible losses, resulting from:
- (a) your access to or use of or inability to access or use our services;
- (b) any conduct or content of any third party on the service;
- (c) any content or advice obtained from the service, even if based on the legislation mentioned;
- (d) unauthorised access, use, or alteration of your transmissions or content;
- (e) any reliance placed by you on the completeness, accuracy, or existence of any information provided through our services;
- (f) any action you take or fail to take as a result of information or guidance received from our services.
- 7.2. Rental Rights' liability for any claim arising out of or in connection with the services provided, whether in contract, delict (including negligence), or otherwise, shall in no event exceed the total amount paid by you for the specific service that gave rise to the claim.
- 7.3. We do not warrant that the services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential information, and property.
8. Data Privacy and Protection of Personal Information Act (POPIA)
Rental Rights is committed to protecting your privacy and complying with the Protection of Personal Information Act 4 of 2013 (POPIA).
- 8.1. Collection of Personal Information: We collect personal information that you voluntarily provide to us when you register on the website, express an interest in obtaining information about us or our services, when you participate in activities on the website, or otherwise when you contact us. The personal information we collect may include your name, email address, phone number, postal address, payment information, details of your rental situation, and copies of your rental agreement and related documentation.
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8.2. Processing of Personal Information: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent. This includes:
- To provide and manage the services you request.
- To process payments.
- To communicate with you regarding your service requests and inquiries.
- To send you administrative information, such as changes to our terms, conditions, and policies.
- To improve our website and services.
- To comply with legal and regulatory requirements.
- 8.3. Storage and Security of Personal Information: We will take appropriate technical and organisational measures to protect your personal information from loss, misuse, unauthorised access, disclosure, alteration, and destruction. Your personal information will be stored for as long as necessary to fulfil the purposes outlined in this policy, unless a longer retention period is required or permitted by law.
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8.4. Sharing of Personal Information: We will not share your personal information with third parties without your consent, except:
- To service providers who assist us in operating our website and providing our services (e.g., payment processors, IT support), who are bound by confidentiality obligations and POPIA compliance.
- If required by law, regulation, or legal process.
- To protect the rights, property, or safety of Rental Rights, our users, or others.
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8.5. Your Rights under POPIA: You have the right to:
- Access your personal information: You can request access to the personal information we hold about you.
- Correct your personal information: You can request that we correct any inaccurate or incomplete personal information.
- Delete your personal information: You can request that we delete your personal information, subject to certain legal limitations.
- Object to the processing of your personal information: You can object to our processing of your personal information in certain circumstances.
- Lodge a complaint: You have the right to lodge a complaint with the Information Regulator of South Africa if you believe your rights under POPIA have been infringed.
- To exercise these rights, please contact us using the contact details provided below. We may require you to verify your identity before responding to your request.
9. Intellectual Property Rights
- 9.1. All content and materials provided by Rental Rights as part of its services, including but not limited to website design, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and any templates or guidance documents, are the property of Rental Rights or its content suppliers and are protected by South African and international copyright and other intellectual property laws.
- 9.2. You are granted a limited, non-exclusive, non-transferable licence to access and use the materials provided in connection with the services you have purchased for your personal, non-commercial use only.
- 9.3. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works from any of the materials in any form or by any means without the prior written permission of Rental Rights.
10. Governing Law
These Terms and Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa. You agree that the courts of South Africa will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Services.
11. Amendments to Terms and Services
Rental Rights reserves the right to amend these Terms and Services at any time. Any amendments will be effective immediately upon posting of the revised terms on our website. We will endeavour to notify you of significant changes, but it is your responsibility to review these Terms and Services periodically. Your continued use of our services after any such amendments constitutes your acceptance of the new Terms and Services. The "Last Updated" date at the top of this agreement will indicate when the latest revisions were made.
12. Refund and Cancellation Policy
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12.1. Basic Insights Call:
- Cancellations by You: If you wish to cancel or reschedule a booked Insights Call, you must provide us with at least 24 hours' notice prior to the scheduled call time to be eligible for a full refund or to reschedule without penalty. Cancellations made with less than 24 hours' notice may not be eligible for a refund.
- Cancellations by Us: If Rental Rights needs to cancel a scheduled call, we will provide you with as much notice as possible and offer you the option of a full refund or rescheduling the call.
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12.2. Agreement Analysis Package and PPRA Complaint Support Package:
- Due to the nature of these services, once you have submitted your documents and our consultants have commenced work on your matter, refunds will generally not be issued.
- If you wish to cancel your order before submitting your documents or before we have commenced work, please contact us immediately. Refunds in such cases will be considered on a case-by-case basis and may be subject to an administrative fee.
- 12.3. Non-Delivery of Service: If Rental Rights fails to deliver a purchased service within a reasonable timeframe, you will be entitled to a full refund for that specific service.
13. Service Limitations and Guarantees
- 13.1. No Guarantee of Outcome: While Rental Rights strives to provide high-quality information and support, we do not guarantee any specific outcome from the use of our services. For example, we do not guarantee that using our Agreement Analysis Package will result in a successful negotiation with your landlord, nor that our PPRA Complaint Support Package will result in a finding in your favour by the PPRA.
- 13.2. Scope Limitations: Our services are limited to providing information, analysis, and guidance as described. We do not engage in legal representation, negotiations with third parties on your behalf, or direct dispute resolution.
- 13.3. Information is Current: We endeavour to ensure that the information provided is based on the current understanding of the relevant legislation. However, laws and regulations can change, and interpretations may vary.
- 13.4. Service Availability: We will use reasonable efforts to ensure our online services are available. However, we do not guarantee uninterrupted availability and will not be liable for any downtime or technical issues.
14. Communication
By using our services, you consent to receiving electronic communications from us. These communications may include notices about your account, payment confirmations, information about our services, and other transactional or administrative messages.
15. Severability
If any provision of these Terms and Services is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
16. Entire Agreement
These Terms and Services, together with our Privacy Policy (which is incorporated by reference), constitute the entire agreement between you and Rental Rights in relation to your use of our services and supersede all prior agreements and understandings, whether written or oral.
17. Contact Information
For any questions, concerns, or notices regarding these Terms and Services, or to exercise your rights under POPIA, please contact Rental Rights at:
Rental Rights
Email: terms@rentalrights.co.za
18. User Agreement Mechanism
By ticking the box labelled "I have read and agree to the Rental Rights Terms and Services" (or similar confirmatory action) during the booking or purchase process, you signify your explicit agreement to be bound by all the terms and conditions outlined in this document. You will not be able to proceed with purchasing any service without providing such confirmation.