Terms of Service

1. Acceptance of Terms

By registering for and using RoomNearMe, you accept and agree to be bound by these Terms of Service, which are governed by the laws of the Republic of South Africa. If you do not agree, please do not use our platform.

2. Definitions

"Platform" means the RoomNearMe website and services. "User" means any person who accesses the Platform, including tenants, landlords, and administrators. "Listing" means a room advertisement posted by a landlord. "Consumer" has the meaning assigned in the Consumer Protection Act 68 of 2008 ("CPA").

3. Eligibility

You must be at least 18 years old to create an account, in accordance with the Age of Majority Act 57 of 1977. By using the Platform, you represent and warrant that you have the legal capacity to enter into a binding agreement.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorised use of your account. We are not liable for any loss arising from unauthorised use of your credentials. You must provide accurate and current information when creating an account or submitting an application, and you may not create accounts using false identities.

5. Listings

Room listings are created and published on the client's behalf by a RoomNearMe administrator, and each client approves the finished advert before it goes live. The client is solely responsible for the accuracy, lawfulness and completeness of the listing and for the photographs, descriptions and claims it publishes, and warrants that it has the right to use and display that content, including all photographs. All listings must comply with the Rental Housing Act 50 of 1999, the National Building Regulations and Building Standards Act 103 of 1977, and any applicable municipal by-laws. Listings must not be discriminatory in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA). RoomNearMe reserves the right to remove listings that violate our policies or applicable law.

6. Rental Agreements

RoomNearMe is a platform that facilitates connections between tenants and landlords. We are not a party to any rental agreement, and we do not inspect, value, or guarantee any property listed. Any rental agreement entered into through the Platform is solely between the tenant and landlord. Both parties are encouraged to enter into a written lease agreement in compliance with the Rental Housing Act 50 of 1999. Tenants are encouraged to view a room and verify its details in person before entering into any agreement or paying any deposit or rent to a landlord.

7. Consumer Protection

Where a user qualifies as a Consumer under the Consumer Protection Act 68 of 2008 (CPA), that user is entitled to the protections afforded by the CPA. Electronic transactions concluded through the Platform are subject to the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), which may provide consumers with a cooling-off right for certain electronic transactions. Where a cooling-off right applies, it is exercised as described in our Refund and Cancellation Policy.

8. Fees, Payment and Refunds

A listing fee of R10 per room applies and is valid for 30 days; it is confirmed with the client by the RoomNearMe administrator who creates the listing, and there is no online listing checkout. Contacting a landlord on WhatsApp — whether to ask whether a room is still available, to apply for it, or to schedule a viewing — is included with a Tenant Pass and is not charged per contact: a Tenant Pass costs R20 for a first 12-month period for a user who has never subscribed, and R50 for each subsequent 12-month period. An active Tenant Pass is also required to publish a Marketplace advert: posting an advert is free of charge, but it may only be published while a Pass is active. Browsing, searching and viewing listings remain free and never require a Tenant Pass. Tenants may pay R50 to apply for the optional Blue Tick identity verification service. Administrator-published client listings carry a featured listing fee of R20, valid for 30 days of featured exposure. All fees are payable in South African Rand (ZAR) by EFT to our bank account, except the client listing feature fee, which is payable directly to RoomNearMe and confirmed before the listing is published. Fees and the circumstances in which they are refunded (including where a listing or verification is rejected, or where a cooling-off right applies) are set out in the Refund and Cancellation Policy, which forms part of these Terms.

No-refund disclaimer: if the images supplied for a listing are not of an actual room (for example stock images, screenshots or unrelated photos) and the listing is rejected by RoomNearMe for that reason, the R10 listing fee will not be refunded.

9. Verification and Badges

"Verified" and "Blue Tick" indicators reflect that RoomNearMe has completed a verification process in respect of a user, as marketed. The optional Blue Tick service verifies a user's identity against an uploaded identity document reviewed by authorised RoomNearMe staff. Identity documents are collected only for this purpose, are never shared with landlords, other users or the public, and are securely deleted once reviewed (see the Privacy Policy). Verification involves checks we reasonably perform at the time the badge is granted and does not guarantee that any user is, or remains, who they say they are. Badges are not endorsements of a user's conduct, property or credibility, and you must still exercise your own judgement and due diligence.

10. Prohibited Conduct

You may not use the Platform to: (a) post false, misleading, or fraudulent listings or information; (b) post or publish fake reviews, testimonials or endorsements; (c) discriminate on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, or birth; (d) harass, threaten, or abuse other users; (e) use another person's identity or photographs; (f) violate any applicable South African law or regulation; (g) interfere with the operation of the Platform.

11. Intellectual Property

All content on the Platform, including text, graphics, logos, and software, is the property of RoomNearMe or its licensors and is protected by the Copyright Act 98 of 1978. You may not reproduce, distribute, or create derivative works without our prior written consent. Sponsors' logos and names as displayed are the property of their respective owners.

12. Limitation of Liability

To the maximum extent permitted by the Consumer Protection Act 68 of 2008 and other applicable law, RoomNearMe shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform, and we do not guarantee the accuracy, availability or suitability of any listing. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

13. Indemnity

You indemnify and hold RoomNearMe harmless from any claims, losses, or damages arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party, including any claim arising from the misuse of content or images you upload.

14. Dispute Resolution

Any dispute arising from these Terms shall first be referred to mediation. If mediation fails, the dispute shall be submitted to the jurisdiction of the appropriate South African court. In accordance with the Consumer Protection Act, you may also lodge a complaint with the National Consumer Commission or the relevant Consumer Tribunal.

15. Termination

We may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or is harmful to the Platform, other users, or third parties.

16. Privacy and Cookies

Your use of the Platform is subject to our Privacy Policy, which explains how we process personal information in accordance with POPIA, and which cookies the Platform uses.

17. Amendments

We may amend these Terms from time to time, including to comply with legal or regulatory requirements. Where changes are material, we will notify you before they take effect (for example, by email or an in-app notice) and will obtain your fresh consent where the law or these provisions require it. Continued use of the Platform after non-material changes constitutes acceptance of the amended Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

19. Company Information and Contact

These details are placeholders and must be updated before the Platform goes live:

• Registered entity: RoomNearMe (Pty) Ltd
• Physical address: Bezuidenhout Valley, Johannesburg, 2094
• Email: Roomnearmesa@gmail.com
• Whatsapp: +27 65 121 9959

For any questions regarding these Terms, or any general business enquiry, contact us at Roomnearmesa@gmail.com.