Terms and Conditions

Table of Contents

Introduction

Welcome to Tenand.co.za (project under Mhofela Trading), a property rental marketplace connecting renters with verified landlords and agents across South Africa. These Terms and Conditions ("T&Cs") govern your use of our website (www.tenand.co.za) and services, whether as a renter, agent, or landlord. By accessing or using our platform, you agree to be bound by these T&Cs, our Privacy and Payment Policy, and all applicable South African laws, including the Consumer Protection Act (CPA), the Rental Housing Act, and the Protection of Personal Information Act (POPIA).

Agents and landlords listing properties must explicitly agree to these T&Cs during the listing process. If you do not agree with any part of these terms, you must not use the platform. For inquiries, contact us at info@tenand.co.za or via www.tenand.co.za/contact.

1. Use of the Platform

Tenand.co.za provides a platform for renters to search for rental properties and connect with landlords or agents, and for agents/landlords to list properties. You may use the platform only for lawful purposes and in accordance with these T&Cs. You agree:

  • To provide accurate and complete information when using the platform.
  • Not to use the platform for any illegal, fraudulent, or unauthorized purpose.
  • Not to interfere with the platform’s functionality, including through hacking, malware, or unauthorized access.
  • To comply with all applicable South African laws and regulations.

2. User Accounts

To access certain features (e.g., saving searches, listing properties, or contacting agents), you may need to create an account. You agree to:

  • Provide accurate, current, and complete account information.
  • Maintain the security of your login credentials and not share them with others.
  • Notify us immediately of any unauthorized use of your account at info@tenand.co.za.

We reserve the right to suspend or terminate accounts that violate these T&Cs.

3. Agent and Landlord Obligations

Agents and landlords listing properties on Tenand.co.za must agree to these T&Cs and comply with the following obligations:

  • Accurate Listings: Provide truthful and complete information about properties, including rental price, location, amenities, and availability.
  • Verification: Submit documentation to verify identity, authority to list properties (e.g., proof of ownership or agency license), and compliance with local regulations.
  • Compliance with Laws: Adhere to the Rental Housing Act, POPIA, CPA, and other applicable laws when listing properties or handling renter data.
  • Response Timeliness: Respond to renter inquiries within a reasonable time, as specified on the platform.
  • Payment Compliance: Adhere to the payment terms outlined in Section 4, including timely payment of listing fees.

Failure to comply may result in removal of listings, account suspension, or legal action.

4. Payment Terms for Agents and Landlords

Agents and landlords listing properties are subject to the following payment terms, which must be agreed to during the listing process:

  • Listing Fees: Fees may be charged per listing, on a subscription basis, or as a percentage of rental transactions, as specified during the listing process.
  • Payment Methods: Payments must be made via approved methods (e.g., credit/debit card, EFT, or secure payment gateways). Accurate banking or payment details must be provided.
  • Payment Schedule: Fees are due at the time of listing or as per the agreed subscription plan. Late payments may result in listing suspension.
  • Transparency: All fees will be clearly disclosed before listing. No hidden charges will be applied.
  • Compliance: Payments must comply with South African financial regulations, including providing valid tax invoices where required.
  • Disputes: Payment disputes must be reported to info@tenand.co.za within 7 days of the transaction. We will respond within 14 days.

By listing a property, agents and landlords agree to these payment terms.

5. No-Refund Policy

Tenand.co.za maintains a strict no-refunded policy for all payments made by agents and landlords:

  • Non-Refundable Fees: All listing fees, subscription fees, or other charges are final and non-refunded, regardless of whether a property is rented, removed, or the account is terminated.
  • Purpose: This policy supports platform maintenance, listing verification, and user support services.
  • Exceptions: Refunds will only be issued if required by South African law (e.g., under the CPA for proven service failure). Refund requests must be submitted in writing to info@tenand.co.za and will be reviewed on a case-by-case basis.
  • Acknowledgment: By making a payment or listing a property, agents and landlords agree to this no-refunded policy.

Renters are not charged fees for browsing or inquiring about properties, so this policy does not apply to them.

6. Property Listings and Transactions

Tenand.co.za facilitates connections between renters and agents/landlords but is not a party to any rental agreement. You agree:

  • Rental agreements are between renters and agents/landlords. Tenand.co.za is not responsible for the terms or fulfillment of these agreements.
  • We verify listings to the best of our ability, but agents/landlords are responsible for the accuracy of listing information.
  • Any disputes arising from rental agreements must be resolved directly between renters and agents/landlords, subject to Section 11.

7. User Conduct

All users (renters, agents, landlords) must:

  • Not post or transmit false, misleading, or offensive content.
  • Not engage in fraudulent activities, such as misrepresenting properties or identities.
  • Not use the platform to harass, defame, or harm others.
  • Comply with all platform policies and applicable laws.

Violations may result in account suspension or termination.

8. Intellectual Property

All content on Tenand.co.za, including text, logos, images, and software, is owned by or licensed to Tenand Group and protected by intellectual property laws. You may not reproduce, distribute, or modify any content without prior written consent.

Agents and landlords grant Tenand.co.za a non-exclusive, royalty-free license to display and promote their property listings on the platform and related marketing channels.

9. Limitation of Liability

To the extent permitted by law, Tenand.co.za is not liable for:

  • Losses or damages arising from the use of the platform, including inaccurate listings or failed transactions.
  • Disputes between renters and agents/landlords.
  • Interruptions or errors in platform availability.

Our total liability is limited to the amount paid by you (if any) for using the platform in the preceding 12 months.

10. Termination and Suspension

We may suspend or terminate your access to the platform if you violate these T&Cs, fail to pay applicable fees, or engage in unlawful conduct. Upon termination:

  • Your account and listings may be removed.
  • You remain liable for any outstanding fees or obligations.

You may terminate your account by contacting us at info@tenand.co.za.

11. Dispute Resolution

Any disputes arising from these T&Cs or platform use will first be addressed through good-faith negotiation. Contact us at info@tenand.co.za to initiate resolution. If unresolved within 30 days, disputes may be referred to mediation or arbitration in South Africa, in accordance with the Arbitration Act.

Disputes between renters and agents/landlords must be resolved directly, with Tenand.co.za available to assist in facilitating communication if needed.

12. Changes to These Terms

We may update these T&Cs to reflect changes in our services or legal requirements. Updates will be posted at www.tenand.co.za/terms, with the “Last Updated” date revised. Continued use of the platform constitutes acceptance of the updated terms. Agents and landlords will be notified of material changes affecting their obligations.

Last Updated: August 24, 2025

13. Contact Us

For questions, concerns, or to report violations, contact us:

We aim to respond within 24 hours, as stated on our contact page.

14. Governing Law

These T&Cs are governed by the laws of South Africa. Any legal proceedings will be conducted in the courts of South Africa, subject to Section 11 (Dispute Resolution).