GetSmartLease Terms and Conditions (South Africa)

Last Updated: [February 2026]

1. Introduction

Welcome to GetSmartLease, a property rental management platform operated by Sunrise Technosystems (Pty) Ltd (South Africa) (“Sunrise Technosystems”, “we” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the GetSmartLease website and services (“Platform”). By registering an account or using the Platform, you (“User” or “you”) agree to comply with these Terms and all applicable South African laws and regulations. If you do not agree, you must not use the Platform.

Legal Entity: GetSmartLease is a service provided by Sunrise Technosystems (Pty) Ltd, a company registered in South Africa (hereinafter “the Company”). All rights and obligations under these Terms accrue to the Company (Sunrise Technosystems), not any separate entity using the GetSmartLease name. The Company’s details and disclosures required under South African law (including the Electronic Communications and Transactions Act) are provided in Section 13 of these Terms.

Compliance: These Terms have been drafted to align with South African legislation, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA), the Rental Housing Act 50 of 1999 (as amended), and the Protection of Personal Information Act 4 of 2013 (POPIA). Nothing in these Terms is intended to contravene any rights or obligations provided under these laws. In the event of a conflict, the provisions of applicable South African law will prevail.

2. Definitions

For clarity, the following terms have the meanings below (additional definitions may be provided elsewhere in these Terms):

“Account”: A registered user profile on GetSmartLease. Users may register as landlords, tenants, or property managers.
“Landlord”: A User who owns or has the authority to lease a property and uses the Platform to list properties, screen tenants, or manage leases.
“Tenant”: A User seeking to rent or currently renting a property through the Platform. This includes prospective tenants who submit applications or undergo screening via GetSmartLease.
“Property Manager”: A User (individual or company) who manages rental properties on behalf of a landlord, using the Platform’s tools for listings, tenant screening, rent collection, and maintenance management.
“Listing”: An advertisement or profile of a rental property posted on the Platform by a Landlord or Property Manager, containing details such as property description, rental amount, and terms.
“Platform Services”: The suite of functionalities GetSmartLease offers, including property listings, tenant application processing, tenant screening (credit and background checks), digital lease generation and signing, rent payment processing, maintenance request tracking, and related services.
“Lease Agreement” or “Lease”****: A rental contract between a Landlord and Tenant for a property, which may be facilitated through the Platform (for example, using GetSmartLease’s electronic lease templates and e-signature features).
“Lease Lifecycle”: The stages of a rental transaction facilitated by the Platform – including property listing, tenant application and screening, lease signing, occupancy (rent payments and maintenance), and termination or renewal of the lease.
“POPIA”: The Protection of Personal Information Act, 2013, which governs how we process personal data.
“Personal Information”: Has the meaning given in POPIA, essentially any information about an identifiable natural person or existing juristic person (e.g., name, contact details, identification numbers, credit records, etc.).
“ECTA”: Electronic Communications and Transactions Act, 2002, which among other things mandates certain disclosures for online service providers and provides for consumer rights in electronic transactions .
“CPA”: Consumer Protection Act, 2008, which provides protections to consumers (individuals or certain small businesses) in transactions, including rights to fair terms, disclosure, and cooling-off in certain cases .
“Rental Housing Act” or “RHA”****: Rental Housing Act, 1999 (as amended), which regulates residential leasing, including rights and obligations of tenants and landlords (e.g., requirements for written leases, deposit handling, property maintenance, etc.).

The headings and definitions are provided for convenience and to promote understanding (in line with the CPA’s plain language requirement). They do not limit or extend the meaning of any provision.

3. Account Registration and Eligibility

3.1. Eligibility Criteria: To register for a GetSmartLease Account or use the Platform Services, you must be at least 18 years old (or the age of majority in your province) and capable of entering into legally binding contracts. By registering, you represent that you meet these criteria. If you are registering on behalf of a juristic person (e.g., a company property manager), you represent that you have authority to bind that entity to these Terms.

3.2. Accurate Information: You agree to provide truthful, current, and complete information during the registration process (including your name, identity number or business registration, contact details, and any qualifications if required). You must update your Account information promptly if it changes. Providing false or misleading information may result in suspension or termination of your Account and possibly legal consequences.

3.3. Account Security: You are responsible for maintaining the confidentiality of your Account login credentials. All activities that occur under your Account are your responsibility. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to secure your account credentials.

3.4. One Account; Non-Transferable: Each user may maintain only one Account per role (unless explicitly permitted for multiple property management accounts). Accounts are non-transferable – you may not sell, loan, or transfer your Account to any other person without our prior written consent.

3.5. Account Verification: We reserve the right to verify the identity and credentials of Users (for example, requiring identity document verification or proof of ownership of a property). This is to enhance trust and compliance (including obligations under anti-fraud or relevant laws). If you do not complete required verification steps, we may suspend or limit your Account.

3.6. Inactive Accounts: We may, in accordance with our retention policies, deactivate or delete accounts that have been inactive for an extended period (e.g. 12 months of non-use), after providing notice to the registered email. (Refer to the Privacy Policy for data retention details.)

4. Platform Services and Usage

4.1. Role of Platform: GetSmartLease is a technology platform that facilitates interactions among landlords, tenants, and property managers. We are not a party to rental agreements between landlords and tenants; the lease contract is exclusively between those parties. The Platform provides tools to assist in creating and managing such agreements, but Sunrise Technosystems is not itself a landlord, real estate agent, or tenant under any lease. We do not take ownership of listed properties, and we do not guarantee the performance of either party under a lease (e.g., payment of rent or maintenance of property).

4.2. Services Offered: Key features of the Platform include:

Property Listings: Landlords/Property Managers can post Listings with descriptions, photos, rental terms, and pricing.
Tenant Applications: Prospective Tenants can apply to listings, providing personal information (e.g., identification, employment details, references, etc.) for Landlords to review.
Tenant Screening: With user consent (see Section 5.2), Landlords can request credit checks, reference checks, or other background screening through the Platform’s integrated third-party providers.
Lease Generation and E-Signature: The Platform may provide template lease agreements (which Landlords and Tenants can modify by agreement) and the ability to electronically sign a lease. Any sample lease template is provided for convenience; the parties are responsible for ensuring the final lease complies with the law (including the Rental Housing Act requirements as described in Section 8) and their agreed terms.
Rent Collection and Payment Handling: The Platform can facilitate online rent payments through integrated payment gateways. Tenants may pay rent (and possibly deposit or other fees) via the Platform, and funds are transmitted to the Landlord or their designated account. Section 6 below provides details on how payments are handled and our limitations of liability regarding payments.
Maintenance Management: During the lease term, Tenants can log maintenance requests or report issues via the Platform. Landlords/Property Managers can track these requests, update their status, and coordinate resolution. (See Section 7 for responsibilities regarding maintenance.)
Notifications and Reminders: We may send automated reminders (e.g., upcoming rent due dates, lease renewal offers, inspection dates) to assist both parties in managing the lease lifecycle.
Other Tools: Additional features may include messaging between Landlord and Tenant, expense tracking for Landlords, or integration with insurance or utility setup services. We will inform users of any new services and any additional terms that apply to them.

4.3. Service Changes: We reserve the right to improve, add to, modify, or discontinue any aspect of the Platform Services at our discretion. We will endeavor to give users notice of material changes (especially if a feature you use will be removed or significantly altered). Your continued use of the Platform after changes are made indicates your acceptance of those changes, except that if any change to these Terms materially affects your rights, we will seek to notify you and obtain consent as required by law.

4.4. Fees for Services: Basic usage of the Platform (such as browsing listings or standard account creation) is currently provided free of charge. However, certain premium services or features may incur fees (for example, a fee for running a credit check, processing a payment, or subscription plans for property managers with many properties). Any applicable fees will be clearly communicated in advance, including the full price inclusive of any taxes (such as VAT) and how payment is to be made[7][8]. We will not charge any hidden or surprise fees. If you agree to a paid service, you also agree to pay the associated fees and taxes. All payments are processed in accordance with Section 6 and our Security/Privacy procedures .

4.5. Third-Party Services: Some Platform features rely on integrated third-party services (e.g., payment gateways, credit bureau for screening, messaging/SMS providers). You acknowledge that while we contract with these providers to enable the service, the third-party’s own terms and privacy policies may apply to the portions of service they facilitate. We will provide or make available those terms where required (for instance, you may be asked to agree to a credit check disclaimer required by the credit bureau when you apply as a tenant). We strive to partner only with reputable providers and to ensure they comply with applicable laws (including POPIA for protecting personal information, and ECTA’s secure payment requirements). However, we are not liable for the acts or omissions of third-party service providers beyond what is mandated by law. (See also Section 11 on Liability.)

5. User Obligations and Acceptable Use

5.1. General Conduct*: You agree to use the Platform *in good faith and in compliance with all applicable laws, regulations, and these Terms. Prohibited activities include (but are not limited to):

Misrepresentation: You must not post false, misleading, or fraudulent information. This applies to property listings (which should accurately depict the property, terms, and availability) and personal information (your identity, income, references, etc.). False representations are strictly prohibited under consumer protection laws, and could render a lease or transaction void or lead to legal penalties.
Illegal or Harmful Content: You may not upload or distribute any content through the Platform that is unlawful, defamatory, harassing, hateful, or constitutes incitement or discrimination. In the rental context, this includes any discriminatory statements in listings (e.g., refusing tenants on prohibited grounds such as race, religion, gender, etc., which violate South African equality laws). Harassment of other users is not tolerated.
Security Violations: You must not attempt to compromise the Platform’s security or functionality. This includes prohibition on introducing viruses or malicious code, attempting to gain unauthorized access to other accounts or our systems, or bypassing any access controls. Such actions are criminal offences under ECTA (Chapter XIII, sections 85-88). We will report and pursue legal action against any such misuse, and you will be liable for any damages caused.
Interference: Do not use automated scripts, bots, scraping tools, or other means to improperly collect data from the Platform or to interfere with other users’ experience. The Platform is meant for interactive use by human users in real time.
Personal Data Misuse: If you obtain personal information about other users (e.g., a Tenant receives Landlord contact info, or a Landlord receives a Tenant’s application data), you must treat that information in accordance with POPIA and only use it for the intended purpose (i.e., evaluating a tenancy or maintaining the lease). You may not harvest other users’ information for unrelated purposes, especially not for marketing without consent, or share it with unauthorized parties. See our Privacy Policy (Section 16) for more details on data handling.
No Reverse Engineering: You shall not decompile, reverse engineer, or disassemble any aspect of the Platform, nor attempt to derive source code or underlying ideas or algorithms.
No Unauthorized Commercial Use: The Platform is intended for the rental activities of landlords, tenants, and property managers. You may not resell our services or use the Platform to run a competing service without permission. Additionally, scraping our listings to post on other sites without permission is prohibited.

We reserve the right to suspend or terminate any Account that engages in prohibited conduct or otherwise violates these Terms, without prejudice to our right to seek further legal remedies.

5.2. Content Standards for Listings and Communications: All content you post (property listings, messages, lease terms, etc.) should be respectful and lawful. Specifically, property listings must meet the following standards:

Accuracy: All descriptions, amenities, rental prices, and other terms must be accurate and kept up-to-date. Do not list a property that you are not authorized to rent out. If a property becomes unavailable (e.g., already rented), you should promptly un-list or mark it as such.
Photos and Media: If you upload photos or videos of a property, you must have the right to use those images and they should depict the actual property (no stock photos that mislead).
Prohibited Terms: Lease or listing terms that violate the law are void and not permitted on the Platform. For example, you cannot include clauses that waive a tenant’s fundamental rights under the Rental Housing Act (such as the tenant’s right to a habitable dwelling – this obligation cannot be contracted out of ) or that conflict with the CPA’s prohibitions on unfair terms. We reserve the right to remove or require modification of any listing or user-posted terms that we believe violate the law or these Terms.
No Discrimination: You may not refuse rentals or advertise availability in a manner that discriminates on grounds protected by law (e.g., race, gender, marital status, sexual orientation, religion, etc.). South African law (including the Constitution and equality legislation) prohibits unfair discrimination in housing. Any preferences stated must be lawful and bona fide (for instance, stating a property is “not pet-friendly” due to lack of facilities is acceptable, but “no children” would likely be unlawful discrimination in most cases).

5.3. Tenant Application Obligations: If you are a Tenant applicant, you must not misrepresent your identity, income, employment, rental history or any other facts in your application. Providing false pay stubs, references, or failing to disclose material information (such as a prior eviction when asked) could be considered a breach of these Terms and could result in rejection of your application or termination of any resulting lease, as well as possible legal action for fraud. Tenants also must use any personal data accessed (like a landlord’s contact info) only for purposes of the rental transaction.

5.4. Acceptable Use Enforcement****: We may monitor activity on the Platform (in compliance with our Privacy Policy and applicable law) to ensure compliance with these Terms. If we discover content or behavior that violates the Acceptable Use provisions, we may remove content, warn the user, suspend or terminate accounts, or use any technical/legal measures to prevent the behavior. We will act proportionately – for minor infringements we often issue a notice and chance to correct the behavior, while serious violations (e.g., fraudulent listings, criminal activity, harassment, or security threats) may result in immediate termination and reporting to authorities.

6. Tenant Screening and POPIA Consent

6.1. Tenant Screening Services: Landlords and Property Managers may use the Platform’s tenant screening tools to evaluate prospective Tenants. These tools may include credit checks through registered credit bureaus, eviction history checks, identity verification, and criminal background checks (where allowed by law). Important: Such screening involves the processing of personal information about the Tenant, and in some cases, may involve automated decision-making or profiling (for example, generating a credit risk score). We strive to ensure any automated components comply with POPIA Section 71 on automated decision-making (see Section 14.5 of the Privacy Policy for more information).

6.2. Consent for Credit and Background Checks: Tenants will always be asked for consent before a Landlord initiates a credit check or similar screening via the Platform. This consent is required under POPIA and other laws (e.g., the National Credit Act for accessing credit bureau data). By submitting a rental application on the Platform, you (the Tenant) will be presented with a consent form or checkbox authorizing the credit/background check – you are free to decline, though declining may affect your application. The Platform will not perform such checks without a record of your consent, except as otherwise permitted by law. We retain proof of such consent as required. Tenants have the right to request details of any credit or reference reports obtained and to correct any incorrect information in those reports.

6.3. Accuracy and Use of Screening Results: Any credit score or screening report provided is for informational purposes to the Landlord. It may contain personal information obtained from third-party databases. Landlords agree to keep such information confidential and to use it solely for tenant vetting. Automated Decisions: Landlords should not reject an applicant solely because an automated score is low, without considering the context or giving the Tenant a chance to explain or correct information – this is both a fairness principle and aligns with POPIA’s safeguards for data subjects against purely automated decisions that have significant effects . If a Landlord intends to deny an application based significantly on information from a credit report or automated score, it is good practice (and may be required by credit law) to inform the Tenant of that fact and their right to access the report.

6.4. Compliance with Law: Landlords and Property Managers must comply with all applicable laws in the tenant screening process. This includes not using information in a way that violates anti-discrimination laws (e.g., rejecting an applicant based on race or other protected attributes gleaned from their profile is illegal). It also includes compliance with the Equal Credit Opportunity type principles (if applicable) and the credit bureau rules on how data can be used. The Platform facilitates compliance by requiring consent and providing data securely, but the ultimate responsibility lies with the party using the data.

6.5. Automated Recommendation Tools: GetSmartLease may provide algorithms that rate or “recommend” certain applicants (for example, highlighting a “high match” tenant based on income vs rent, or a risk flag if credit history is poor). These are aids and not definitive decisions. We do not guarantee that these automated recommendations are free of error or bias, though we design them to be fair and based on relevant criteria. Users have the ability to make their own independent decisions. POPIA requires that if any fully automated decisions with legal effects are made, the data subject (Tenant) has the right to query or object. In our workflow, final rental approval is always made by a human (the Landlord), not our system – our system does not unilaterally reject applicants; it only provides information and suggestions. Therefore, Section 71 of POPIA is not violated by our screening feature, but we still provide measures akin to those required by law (Tenants can contest information and have insight into how scoring works, as described above).

6.6. Indemnity for Improper Use: If you are a Landlord or Property Manager using the screening tools, you agree to use them lawfully and to indemnify Sunrise Technosystems (the Platform provider) for any claims arising from your misuse of screening data or violation of POPIA or credit laws. For example, if you run a credit check outside of our system without consent and input that data into our system, or you share a tenant’s report publicly, any resulting regulatory fines or third-party claims would be your responsibility.

7. Lease Agreements and Lifecycle

7.1. Formation of Lease: When a Landlord accepts a Tenant’s application (or the parties otherwise agree via the Platform’s communications), a Lease Agreement between the Landlord and Tenant may be formed. We strongly recommend that the parties execute a written lease document, which can be done through our Platform’s e-signature feature for convenience. Sunrise Technosystems is not a party to any such Lease Agreement; we only provide the technological means for you to create and sign the agreement. The enforceability and content of the lease are determined by the parties and the law, not by these Terms.

7.2. Compliance with Rental Housing Act: All residential lease agreements facilitated via GetSmartLease should comply with the Rental Housing Act (RHA) and its regulations. The RHA automatically implies certain terms into every residential lease for the protection of Landlords and Tenants, even if not written . For example, under the RHA:
- If a tenant requests a written lease, the Landlord must provide one. (Our Platform makes this easy by providing templates.)
- The Landlord must provide receipts for all payments made by the Tenant (rent, deposit, etc.).
- Any deposit paid by the Tenant must be held in an interest-bearing account for the Tenant’s benefit, and the Tenant is entitled to the interest earned. The Platform may offer a feature to track deposit handling, but it remains the Landlord’s legal duty to handle the deposit money correctly (either in our integrated escrow solution if available, or off-platform if not). At the end of the lease, the deposit plus interest (minus lawful deductions) must be refunded within the time frames set by law – typically 7 days if no deductions, or 14 days after repairing damages if deductions are made.
- The property must be maintained in a condition fit for habitation throughout the lease (see Section 8 on Maintenance). The Landlord cannot abdicate the duty to maintain essential services and safe conditions. Any clause in a lease that tries to waive the Landlord’s responsibility to maintain a habitable property is unenforceable.
- Both ingoing and outgoing inspections are required. Our Platform provides scheduling and checklist tools for inspections, but it is the parties’ responsibility to actually perform these inspections together. If a Landlord fails to do a joint outgoing inspection, they may lose the right to claim damages from the deposit. The Platform may send reminders for these events.
- Dispute Resolution: The RHA provides for Rental Housing Tribunals to resolve disputes. We encourage users to resolve issues amicably, but note that either party can approach the Tribunal for issues like unfair practices, deposit disputes, etc., despite any dispute clause in the lease.

7.3. Lease Term and Renewals: The lease term (e.g., 12 months fixed, or month-to-month) will be as agreed in the lease agreement. The Platform can track the lease end date and prompt renewal discussions. If the CPA applies (for example, if the Tenant is an individual and the Landlord is leasing in the ordinary course of business), certain rules about fixed-term agreements must be observed: The CPA limits fixed-term consumer agreements to 24 months unless a longer term benefits the consumer. Also, the Landlord must notify the Tenant 40 to 80 business days before a fixed-term lease expires, informing them of the impending expiry and any renewal terms, failing which the lease may continue on a month-to-month basis by law. Our Platform can automate such reminders, but the Landlord is ultimately responsible for compliance.

7.4. Early Termination: Termination of a lease before its end is governed by the lease agreement and law. For instance, a Tenant (as a consumer under CPA) in a fixed-term agreement has the right to cancel the lease early by giving 20 business days’ notice, subject to payment of a reasonable cancellation penalty. This CPA right applies if the lease is indeed a “fixed term agreement” under the CPA (which it is, in many residential cases). Our Platform’s terms do not override that right. Landlords may use our system to calculate or impose a cancellation fee, but such fee cannot be so high as to negate the Tenant’s right to cancel (per CPA) – it should reflect actual costs or losses, such as pro-rated commission or lost rental until a new tenant is found, capped reasonably. We recommend Landlords clearly specify in the lease (and thus in the listing terms) what the early cancellation fee formula is, to avoid disputes (the Platform’s template includes a placeholder for this).

If a lease is terminated early by either party (legally or due to breach), either party can update that status on the Platform. Note: If a Tenant ends the lease early under CPA, the Landlord must refund any advance payments after deducting the penalty. If a Landlord ends a lease (aside from Tenant breach) it must typically be in accordance with the lease terms and law (e.g., month-to-month notice or breach notice requirements). Unlawful evictions or cut-off of utilities are serious offences; nothing in these Terms condones such acts.

7.5. Cancellation of Platform Use: Separately from terminating a lease, Users may decide to stop using the Platform (for example, a Landlord might continue a tenancy offline and leave the platform). You may cancel your Platform Account at any time (see Section 12.2 for termination of service), but please be aware this does not terminate any active lease agreement – those are independent obligations. If you cancel your Account while having ongoing leases managed through the Platform, we advise you to inform your counterparty and make alternate arrangements for rent payments, etc., to avoid confusion.

7.6. Electronic Signature and Records: When you use our e-signature functionality, you agree that electronic signatures have the same legal effect as handwritten signatures in this context, as recognized by ECTA and other laws. ECTA specifically confirms that electronic agreements and signatures are valid, except in certain excluded cases (like the sale of land or long-term leases of land over 20 years, wills, etc., which require special formalities). A lease for less than 20 years can be validly concluded electronically. The Platform will provide each party with access to the signed lease document. We comply with ECTA’s requirement to enable you to store and reproduce the agreement – you can download the PDF of the signed lease for your records. We also store a copy in your account for the duration of the lease and a reasonable period thereafter.

7.7. Record-Keeping: We maintain a record of the transactions (like lease agreements, payments made through the system, and communications) as part of our services. As a consumer, you have the right under ECTA to have a record of your electronic transactions. You can access your past transactions by logging into your Account (the Platform provides a dashboard with history) and you may download or print them. We cannot, however, guarantee indefinite storage of all records. Please retain your own copies of important documents. Our retention policy is further described in the Privacy Policy, and we generally retain lease documents for at least the duration of the lease plus any statutory prescription period for claims.

8. Maintenance and Repairs

8.1. Responsibilities: The Platform offers maintenance request tracking, but it does not change the underlying legal responsibilities: under the lease (and by law), the Landlord is responsible for maintaining the property in a habitable condition and addressing necessary repairs, while the Tenant is responsible for keeping the property tidy and reporting issues, and may be responsible for damage caused by them beyond normal wear and tear. These responsibilities are typically detailed in the lease agreement. For example, minor day-to-day upkeep (like changing lightbulbs) might be the Tenant’s duty, whereas fixing a broken geyser or a leaking roof is the Landlord’s duty.

8.2. Using the Maintenance Tool: Tenants should use the Platform’s maintenance request feature to promptly notify Landlords of any issues or repairs needed. The request should include a clear description and if possible, photos. The Platform will time-stamp these requests and notify the Landlord. Both parties can communicate about scheduling repairs via the Platform’s chat or comments on the request.

8.3. Response Time: Landlords should respond within a reasonable time. What is “reasonable” depends on the issue – emergencies (e.g., no water/electricity, major leaks) require urgent action (usually within 24-48 hours), whereas minor issues (like a dripping tap) might be attended to within a few days or as per lease terms. The Rental Housing Act doesn’t specify exact times but implies landlords must act with reasonable promptness. If the Platform sends automated reminders about outstanding requests, they are meant as a courtesy; failure of the Platform to send or a user to see a reminder does not excuse a party from their obligations.

8.4. Record of Repairs: The Platform can serve as a log of maintenance issues and resolutions. When a repair is completed, the Landlord or Property Manager can mark the request as resolved and perhaps upload an invoice or note of what was done. Tenants may confirm or dispute that a repair has been satisfactorily completed. This record can be useful in case of any dispute (for example, if a Tenant withholds rent due to non-repair, the communications on the Platform would show what happened, which a Tribunal or court might review). Both parties should strive to keep communications civil and cooperative in this process.

8.5. Right to Repair and Deduct: In some cases, if a Landlord unreasonably fails to attend to a serious defect, a Tenant might be allowed (by law or lease) to arrange a necessary repair and deduct the cost from rent (after giving notice, etc.). This is a complicated area of law and generally requires the defect to materially affect habitability and the Landlord to have failed to act after notice. We mention it to clarify that nothing in using our Platform prevents a Tenant from exercising lawful remedies. However, we urge parties to use the provided channels to resolve issues amicably – the Platform’s involvement (as a transparent record) often encourages timely action without needing to escalate.

8.6. Limitations of Platform: Sunrise Technosystems is not a repair service. We do not dispatch plumbers or electricians ourselves. Any suggestions the Platform might provide (like a list of nearby service providers) are only for convenience and not endorsements. The contract for maintenance work is between the Landlord and the service provider (or sometimes the Body Corporate if a sectional title issue). We are not responsible for the quality or cost of repairs, even if our Platform helped facilitate the connection. Similarly, if a Landlord fails to do repairs, we are not liable for any damage or loss the Tenant suffers – that dispute is between Landlord and Tenant, subject to lease and law (though we encourage legal compliance by all users). See Section 11 on Liability for more on our platform’s liability limits.

9. Payments and Financial Transactions

9.1. Rent Payments through the Platform: GetSmartLease may allow Tenants to pay rent (and other charges like deposit, utilities, or fees) electronically via the Platform. This could be via credit card, debit order, EFT, or third-party payment processors (e.g., an integrated payment gateway or mobile money solution). By using the Platform’s payment feature, you authorize us to process your payments and you agree to any additional payment terms presented (for example, an authorization for a recurring monthly debit).

9.2. Payment Security: We are committed to keeping payment information secure. We utilize encryption and secure protocols for transmission of payment data and do not store full credit card numbers on our servers (card data may be stored by our PCI-DSS-compliant payment processor). ECTA Section 43 requires us to use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction. We implement industry-standard security measures such as SSL/TLS encryption, two-factor authentication for administrative access, and regular security audits to fulfill this obligation. (See also Privacy Policy Section 14 for data security.)

9.3. Receipts and Records: When a Tenant makes a payment through the Platform, we will provide electronic confirmation (which may serve as a rent receipt). Landlords can also view the payment in their dashboard. These electronic records meet the requirement of providing a written receipt for payments (as required by the Rental Housing Act), provided they contain all necessary details (date, amount, payer, property, etc.). If a Tenant requires a physical receipt or signature, the Landlord should provide that upon request, but typically the digital record suffices.

9.4. Timing and Delays: A payment is considered made when it is successfully processed and deposited into the Landlord’s account (or a designated trust account). There may be delays of 1-3 business days (or as per banking norms) for funds to clear. The Platform will indicate when a payment is initiated and when it’s completed, but Users should account for clearance times, especially around weekends or holidays. We do not guarantee same-day transfer. If a payment is returned (e.g., due to insufficient funds or a chargeback), the Platform will mark it as failed and the Tenant will be notified to arrange alternate payment. Landlords should treat non-cleared payments the same as non-payment until cleared.

9.5. Fees for Payment Service: We may charge a nominal transaction fee or convenience fee for using the payment processing (or the provider may charge one). Any such fees will be disclosed upfront. For example, we might say: “Credit card payments will include a 3% processing fee, which will be added to the amount” – or we arrange for the Landlord to pay the fee. The CPA requires that prices and costs are clearly displayed, so we ensure transparency. You are free not to use the Platform’s payment feature if you prefer direct bank transfers outside the system (in which case we have no involvement in that transaction aside from recording manually if the Landlord inputs it into the system for tracking).

9.6. Deposit Handling: If the Platform provides a mechanism for collecting and holding the Tenant’s security deposit, it will likely be done via a trust account or a third-party escrow service. Sunrise Technosystems is not a registered estate agency, but we understand deposit handling is sensitive. We will ensure any deposit we hold is treated in compliance with the Rental Housing Act’s requirements (interest-bearing account, etc.). We may partner with a duly registered financial institution for this purpose. If we hold the deposit, we will release it to the party entitled (Tenant or Landlord for deductions) according to the lease and law, after joint instructions or as determined by dispute resolution. We may require both parties’ confirmation before releasing funds to avoid disputes.

If the Platform does not handle deposits directly, the Landlord is responsible for collecting and investing the deposit offline. The Platform can still track the amount and due refunds, but the Landlord must carry out the actual bank transactions and interest calculation. Landlords are reminded that failing to handle deposits correctly can lead to legal penalties and loss of the right to claim damages.

9.7. Refunds and Chargebacks: In any case where a Tenant is entitled to a refund (for example, refund of an overpayment, or refund of deposit after move-out), the processing of that refund will follow our standard procedures and the original payment method when possible. For payments via card, we may issue a refund to the card (subject to processor timelines). For EFTs, we might need the Tenant’s banking details to transfer back. If a Tenant disputes a charge (initiates a chargeback) for a rent payment, we will notify the Landlord and investigate. If the chargeback is valid (e.g., fraud or duplicate charge), we will not recharge the Tenant, but if it was an abuse by the Tenant, we may support the Landlord in contesting it. Ultimately, financial disputes between Landlord and Tenant (like withholding rent for non-repair or claiming partial refund) are outside our control – we cannot unilaterally decide who’s right. We will follow any final orders from a Rental Tribunal or court regarding payments.

9.8. Late Payments: The Platform may automatically flag or send reminders for late rent (if a due date passes without marked payment). This is a courtesy feature. Landlords and Tenants should communicate via the Platform if there’s going to be a delay or if a grace period is given. Landlords can post any late fee in the lease terms and, if applicable, the Platform can calculate it. However, remember CPA requires fairness – excessive late fees could be deemed a penalty and possibly reduced by a court if unconscionable. Check CPA Section 51 and common law regarding penalty fees. As a guideline, any late fee should approximate actual added costs or a reasonable deterrent, not a windfall.

9.9. Taxation: Landlords are responsible for any tax consequences of rental income (e.g., declaring rent for income tax, or VAT if the Landlord is VAT-registered for residential renting, though typically residential rent is exempt from VAT). Sunrise Technosystems is not providing tax advice. If the Company (Sunrise) charges for services, it will charge VAT if applicable and provide a tax invoice to the User as required (our ECTA disclosure in Section 13 includes our VAT number if registered, etc.). As of these Terms, if Sunrise Technosystems (Pty) Ltd is VAT-registered, all fees we charge include VAT and we will supply VAT invoices on request. If not registered (below threshold), we will state that no VAT is charged.

10. Cancellation Rights (Cooling-Off and Consumer Rights)

10.1. ECTA Cooling-Off (Electronic Transactions): If you (as a consumer, i.e., a natural person acting for private purposes) engage in an electronic transaction for goods or services on our Platform, Section 44 of ECTA may grant you a general right to cancel the transaction within 7 days of receiving the goods or services (in case of goods, 7 days from delivery; in case of services, 7 days from the day you agreed to the service). This is a no-fault cancellation – often referred to as a “cooling-off period” to combat buyer’s remorse. In our context, this could apply if, for example, you as a Landlord purchase an optional premium service on the Platform (like a paid advertisement boost or subscription) – you could cancel that within 7 days of purchase for a full refund. Or if a Tenant paid a booking fee or something via an electronic transaction on the site, they could cancel within 7 days of that transaction (unless one of the statutory exceptions applies, discussed below). We comply with this: to cancel under this provision, you must send us a written cancellation (email to our support). We will process the refund within 30 days of your notice (the law allows up to 30 days for refund).

- **Exceptions**: ECTA’s cooling-off right does **not apply** to certain transactions[36][37]. Relevant here, if a service has begun with your consent within the 7-day period, you lose the right to cancel that service[37]. For instance, if you explicitly ask us to start providing a premium feature immediately, and we do so, you may not later invoke cooling-off to get a refund after using it for several days. Also, if the transaction is one for accommodation, transport, or certain leisure services on specific dates (not likely relevant to our platform), those are exempt[38]. We will inform you if any purchase you are making is in an exempt category.

10.2. CPA Direct Marketing Cooling-Off: Separately, Section 16 of the CPA gives consumers the right to cancel (within 5 business days) any transaction resulting from direct marketing. “Direct marketing” is when you are approached directly either in person, by phone, or electronic communication with an offer, and you then agree to it. If you registered on our Platform or engaged in a lease due to general advertising or your own initiative, that’s not direct marketing. But if, for example, we called you to upsell a feature and you agreed on the call, you could cancel that within 5 days. In terms of renting: if a Tenant was directly solicited by a Landlord (through our system or otherwise) and then agreed to a lease, the Tenant might have a 5-day cooling-off to rescind that lease, provided it was the result of unsolicited direct marketing. This CPA cooling-off is rarely invoked in property rentals, but we mention it for completeness. If it does apply, the consumer can cancel in writing within 5 business days of the later of the transaction date or delivery of goods (or of the property being let). The consumer must return any goods (or property access) and get a full refund (only paying perhaps for use of property for those days, arguably).

- We will honour any valid cancellation under CPA. If you believe your agreement with a service on our Platform or a lease facilitated was from direct marketing and you cancel within 5 days, contact us and the other party immediately. For lease, we’d likely advise the Landlord to let you out without penalty (as the law would require). For any purchase from us, we’d refund as per CPA.

10.3. Cancellation of GetSmartLease Services: Beyond statutory cooling-off, you may cancel any ongoing subscription services with us at any time through your account settings or contacting support. However, if you are on a fixed-term paid plan, early cancellation might not entitle you to a refund for the unused portion (unless required by CPA or our specific plan terms). We will clearly state the cancellation terms of any subscription at sign-up. We aim to be flexible: for month-to-month services, you won’t be locked in beyond the current month. For annual or fixed term, we might allow pro-rated refunds at our discretion or as required by law.

10.4. Lease Cancellation/Termination: Section 7 already covered many aspects of lease termination. In summary, Tenants may have rights to terminate early (with notice and possibly a fee) per CPA if applicable, and Landlords may terminate for breach (after proper notice to remedy) or at end of term. Unlawful evictions are not permitted and these Terms cannot override the legal process required (e.g., the Prevention of Illegal Eviction Act mandates a court order for evicting a defaulting tenant – a landlord cannot just kick someone out even if lease is canceled). If a lease is terminated, each party’s obligations (like return of deposit, pro-rata rent, etc.) are as per the lease and law. The Platform can assist by documenting the termination date and reason, and perhaps enabling the Landlord to relist the property.

10.5. Refund Policy for Platform Errors: If any payment or service on our Platform fails due to a system error or provider issue, we will either provide the service again at no cost or issue a refund. For example, if you paid for a tenant screening report and the system never delivered it or it was the wrong person’s report, we’d rerun or refund. This is in addition to your rights above.

10.6. Notification: In all cases of cancellation (whether a service or a lease), it is best to document it through the Platform’s communication or via email so there is evidence. We and/or the other party will confirm acknowledgment. If you don’t get acknowledgment, follow up – do not assume we or they saw it.

11. Intellectual Property and License

11.1. Platform IP: All content and materials on the GetSmartLease Platform – including software, design, text, graphics, logos, trademarks, and compilations of data – are the intellectual property of Sunrise Technosystems (Pty) Ltd or its licensors. This includes the “GetSmartLease” brand and logo, which are used by Sunrise Technosystems in commerce. These materials are protected by copyright, trademark, and other intellectual property laws. We retain all rights, title, and interest in and to the Platform and Services, except for content provided by users.

11.2. Limited User License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for their intended purposes (i.e., managing rentals as a landlord, searching/applying as a tenant, etc.). You may not redistribute or resell any portion of our Platform or make derivative works from our content without our prior written permission. For example, you cannot copy our database of listings to create a competing service, and you cannot use our software code outside the authorized environment.

11.3. User Content: You retain ownership of the content and information you provide or upload to the Platform (e.g., property descriptions, photos, your profile info, messages, documents like leases you upload). However, by submitting any content, you grant us a license to use that content as needed to operate the Platform. Specifically, you grant Sunrise Technosystems a worldwide, royalty-free, sub-licensable (to our service providers), non-exclusive license to host, display, reproduce, modify (for formatting or technical purposes, not to alter meaning), distribute, and use your content in connection with providing the Services. This license ends when you delete the content from the Platform, except to the extent it has been shared with others as part of the service (for instance, a lease document you and a tenant signed will be retained in both accounts) or if it’s required to be retained for legal reasons. We also keep server backup copies for a limited time even after deletion; these are kept secure and eventually purged according to our policies.

11.4. Publicity of Listings: If you are a Landlord posting a property listing, you consent to us using that listing content (including photos and description) for the purpose of advertising the listing and the Platform. This might include featuring your listing on our homepage, social media channels, or partner websites to attract more tenants. We will not, however, reveal personal contact information in doing so – typically, the listing shows an anonymized or first-name basis contact until the tenant logs in to contact you through the platform.

11.5. Third-Party IP: You must not upload or use content that infringes the intellectual property rights of others. This means, for example, do not upload photos you do not have the right to use (you either took them yourself or have permission). If you use a professional photographer for property photos, ensure you have rights to use them in your listing. If we receive a copyright takedown notice or similar complaint regarding content you posted, we may remove it and notify you. Repeat infringement may lead to account termination. You indemnify us for any IP infringement claims arising from content you provided.

11.6. Feedback: If you submit suggestions, ideas, or feedback about our Platform (“Feedback”), we may use it without obligation to you. You hereby grant us a perpetual, sublicensable license to use and incorporate any Feedback you provide, without any compensation or attribution.

11.7. Trademarks: “GetSmartLease” and associated logos are trademarks of Sunrise Technosystems. You are not granted any right to use our trademarks without our written consent, except as necessary for you to identify your use of the Services (for instance, you may say “I found my apartment on GetSmartLease” in a review, which is nominal fair use). Similarly, if you provide us with any trademark (like your company name/logo for a property management business profile), you grant us permission to display it on the Platform in connection with your listings or account.

11.8. Reservation of Rights****: All rights not expressly granted to you in these Terms are reserved by us. This means if we haven’t explicitly given you a right under these Terms, it remains our right. For example, we might have APIs or data feeds – if not expressly allowed, you cannot scrape or access them. We can also revoke the license if you breach Terms (leading to account termination, at which point you must stop using our content).

12. Disclaimers and Limitation of Liability

IMPORTANT – Liability Limitation & Risk Allocation (drawn to your attention per Section 49 of the CPA, as these terms limit liability and involve your assumption of risk):

12.1. “As-Is” Service Disclaimer: The GetSmartLease Platform and all services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, except to the extent such warranties cannot be lawfully excluded. While we strive for accuracy and uptime, we do not warrant that: (a) the Platform will be uninterrupted, secure, or error-free, (b) the information provided on the Platform (including rental listings, tenant information, screening results) is accurate, complete or up-to-date (much of this content is user-provided and we cannot guarantee its truthfulness), or (c) any particular results from using the Platform (e.g., finding a tenant, leasing a property on certain terms) will meet your expectations. Use of the Platform is at your own risk.

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by South African law. However, if the CPA applies to you and prohibits a disclaimer of an implied warranty (for example, services must be rendered with reasonable care and skill under CPA), then our disclaimer does not override any minimum guarantee provided by law.

12.2. No Rental Guarantee: Sunrise Technosystems is not a property agent and does not guarantee that Landlords will find suitable Tenants or that Tenants will find suitable accommodation through our Platform. Decisions made by users are outside our control. We do not guarantee that a Tenant is of good character, will pay rent, or care for property; nor do we guarantee that a Landlord will adhere to all obligations. We provide tools and preliminary vetting (like credit checks) as aids. All transactions and contracts are directly between users, and you bear the risks associated with dealing with other parties.

12.3. Third-Party and Legal Compliance: Although we aim to facilitate compliance (like giving you templates that align with the Rental Housing Act or reminding you of legal steps), we are not a law firm and do not provide legal advice. Any legal information on our site (including these Terms or any help articles) is for general guidance. For legal advice specific to your situation, consult an attorney. We do not take responsibility if you rely on general info and it turns out to be incomplete or inapplicable.

We also are not responsible for services provided by third parties integrated with or linked from the Platform. For example, if a payment gateway fails or a credit bureau’s information is inaccurate, your remedy lies with those parties, not us (though we will assist in facilitating resolution where possible).

12.4. Limitation of Liability: To the maximum extent permitted by law, in no event will Sunrise Technosystems (GetSmartLease) or its directors, officers, employees, or agents be liable for: any indirect, special, consequential, or punitive damages, or any loss of profit, loss of business, loss of data, or loss of opportunity arising out of or in connection with your use of (or inability to use) the Platform or services. This is applicable even if we have been advised of the possibility of such damages.

Our total cumulative liability to any user for all claims arising from or related to the Platform or these Terms shall not exceed the total amount of fees (if any) you paid to us in the 6 months preceding the incident giving rise to liability, or ZAR [Rands] 1,000 – whichever is greater. If you have paid us nothing, our liability is capped at R1,000. This cap is an aggregate for all claims in that period.

Exceptions: We do not exclude or limit liability for gross negligence or willful misconduct on our part, or for death or personal injury caused by our negligence – to the extent that such an exclusion would be unlawful (the CPA and other laws may prohibit excluding such liability). Additionally, any statutory warranties or liabilities that cannot be excluded (for a “service” under CPA, for instance) will apply notwithstanding the above, but in such cases, our liability will be limited to the remedies available under those laws (e.g., right to require us to perform the service again, or refund the price of our service, as per CPA’s remedies for service failures).

12.5. Indemnity: You agree to indemnify and hold harmless Sunrise Technosystems and its affiliates and personnel from any claim or demand made by any third party (including legal fees on an attorney-client scale) due to or arising out of: (a) your breach of these Terms or of any law or regulation, (b) your infringement of any intellectual property or other right of any person (for example, uploading photos you didn’t have rights to, or misusing someone’s personal data), (c) any content you post or actions you take on the Platform (for instance, if you posted defamatory information in a review, or a Tenant sues a Landlord and includes us because of info on our Platform, when it was you who provided it), or (d) your rental dealings – we are not party to your lease, so if a Tenant or Landlord (or their visitors, etc.) bring a claim against us that actually stems from your conduct, you’ll cover us. This indemnity will survive termination of your use of the Platform. We will notify you promptly of any such claim and cooperate in defense (at your cost). You may not settle a claim involving us without our prior written consent (which will not be unreasonably withheld).

12.6. Release: Because we are not involved in actual face-to-face dealings, in the event that you have a dispute with one or more other users (e.g., a Landlord-Tenant dispute), you release Sunrise Technosystems (and our employees and agents) from any and all claims, demands, and damages of every kind arising out of or in any way connected with such disputes. For example, if a Tenant damages a property or a Landlord withholds a deposit beyond what you think is fair, that’s unfortunate but outside our control; by using our Platform, you agree we aren’t liable for the actions/omissions of the other party.

12.7. Force Majeure: We are not responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (force majeure). This includes, but is not limited to, Internet outages, infrastructure failure, power failures, fires, floods, pandemics, strikes, acts of government or war, or new legislation that impedes service. If such events occur, we will do our best to minimize disruption but some outages or data loss could occur. No refunds or damages can be claimed for service interruption due to force majeure, though if it persists, you or we may terminate service without penalty.

12.8. Consumer Rights Notice: If you are a “consumer” under the CPA, note that this Section 12’s provisions are not intended to contravene any provision of the CPA. They are to be read and applied subject to the CPA. For example, Section 51 of CPA voids certain unfair terms, and Section 49 requires that certain risk or liability limiting terms be drawn to your attention (which we have done here by bold headings and language). If any term of this Section is found to be inconsistent with the CPA or other law, the conflicting part shall be severed or interpreted to best comply, and the rest of the Section remains in effect.

13. Legal Compliance, ECTA Disclosures, and General Provisions

13.1. Compliance with Laws: All users shall comply with all applicable laws, regulations, and bylaws in connection with their use of the Platform and rental activities. This includes (but is not limited to) the laws explicitly discussed in these Terms (ECTA, CPA, POPIA, Rental Housing Act, Prevention of Illegal Eviction Act, etc.) as well as tax laws, municipal regulations (like zoning or requirements for letting certain properties), and any relevant industry codes. If certain properties or transactions require you to have licenses or certificates (for example, if you are an estate agent or attorney engaging on behalf of others), you must ensure you have those.

13.2. ECTA Information Disclosure: In compliance with Section 43 of the Electronic Communications and Transactions Act (ECTA), we make the following information available about the supplier of this service :

Full Name and Legal Status: Sunrise Technosystems (Pty) Ltd, a private company incorporated in South Africa.
Registration Number: [2017/xxxxxx/07] (Sunrise Technosystems’ company registration number – to be inserted). Place of registration: Republic of South Africa. Names of office bearers (directors): [List or note available on CIPC lookup] (We can provide directors’ names on request; they are also listed in public company records).
Physical Address for Receipt of Legal Documents: C101 Rosewalk Gardens, Rosewalk Street, Parkmore, Sandton, 2196, South Africa (primary business office). Alternate legal service address: 255 Riverbend Estate, East Road, Kyalami Hills, Midrand, 1684 (administrative office). (Either address may be used for service of legal notices; please mark communications to “The Directors, Sunrise Technosystems (Pty) Ltd” and send via registered mail or courier for proof.)
Telephone Number: +27 60 585 1784
Email Address: info@getsmartlease.co.za or support@getsmartlease.co.za (for general enquiries). For legal notices, you may also use: legal@sunrisetechnosystems.co.za.
Website Address: www.getsmartlease.co.za (primary platform URL). The company’s main site: www.sunrisetechnosystems.com.
Management: The CEO is [Name], and other office bearers include [Names of directors] (as of Last Updated date).
Self-Regulatory Bodies: Sunrise Technosystems is a member of [e.g., the Cape Innovation and Technology Initiative] (if applicable), but not of any specific e-commerce accreditation body at this time. We do, however, adhere to industry best practices for data protection and e-transactions. No specific professional code of conduct applies except generally accepted ICT standards.
Code of Conduct: We abide by our internal code of ethics in business and the platform’s Acceptable Use Policy (see Section 5). No external code of conduct is subscribed to that is applicable to users. If we do subscribe to an industry code (e.g., an E-Commerce Forum SA code), we will provide access to it on our site.
Description of Services: GetSmartLease is an online platform offering property rental management services. Key characteristics: it enables listing of rental properties, screening of tenants (including credit and background checks), digital lease agreements, online rent payments, and maintenance tracking. It serves landlords, tenants, and property managers in managing the end-to-end lease lifecycle with the aid of technology. The purpose is to simplify and streamline renting processes using AI-powered and cloud-based tools. This description is provided to enable consumers to make an informed decision about using the service.
Price of Services: Using the site to browse or list basic properties is free. Premium features (such as tenant screening reports, featured listings, or subscription packages for property managers) have prices ranging from [R50] (for a single credit check) to [R500] per month (for a premium plan), inclusive of any applicable taxes. All prices will be clearly indicated for each service, including any additional fees (e.g., payment processing fees) and applicable VAT. There are no hidden costs; any taxes (like VAT) are included or stated.
Payment Manner: Payments for services or features can be made via the integrated online payment system. We accept credit/debit cards and EFT. Rent payments by tenants through the platform are processed to landlords per Section 9. Where a subscription is involved, you may provide a debit order or recurring card authorization. Payment security measures are in place (see Section 9.2).
Terms of Agreement: These Terms and Conditions (the document you are reading) govern the use of the Platform and services. They are accessible on our website footer at any time as “Terms & Conditions” (in PDF and HTML). Users can save or print them for record-keeping. Additionally, any specific product/service may have its own terms displayed at point of purchase. We encourage you to store copies of all relevant terms and transaction records (the Platform also stores them in your Account).
Return/Refund Policy: As detailed in Section 10, consumers have cooling-off rights under ECTA and CPA which we honor. For any Platform fees charged, we offer refunds if cancellation is within those windows or if the service is not delivered as promised. For rent transactions, refund of a tenant’s deposit or overpaid rent is governed by the lease and law (the platform facilitates the communication and tracking but the landlord is responsible to pay out). In sum, our refund policy for our own fees is to provide a full refund for any unused portion of services if you are unsatisfied or cancel within 7 days (or proportionate if after 7 days but within a reasonable time, at our discretion). Any return of goods is not applicable as we do not sell physical goods.
Dispute Resolution: We do not currently subscribe to an alternative dispute resolution (ADR) scheme specific to this service (like an ombud for e-services). However, we encourage mediation for disputes and will cooperate if users wish to mediate. Also, rental disputes can go to the Rental Housing Tribunal as per law. If an ADR code is introduced or we join one, we will update this disclosure with how a consumer can access it.
Security and Privacy: See our Privacy Policy (Section 14 below) for comprehensive details on how we protect personal information. In summary, we use SSL encryption, role-based access controls, and other safeguards to secure transactions. We are committed to POPIA compliance and have measures to prevent loss or unauthorized access to personal data. Our payment processes are PCI-compliant as mentioned. In the event of a data breach affecting your personal information, we will notify you and the Information Regulator as required by POPIA.
Minimum Duration of Agreement: There is no minimum duration for using the Platform – you can stop at any time (aside from any specific subscription term you opt into, which are usually month-to-month or year-to-year with cancellation options). If you subscribe to a service, the duration is as per that subscription (e.g., 1 month, renewable). Lease agreements facilitated are typically 12 months or as agreed between parties; that is outside our Terms scope except we track it.
Cooling-Off Rights: We hereby explicitly inform consumers of their rights in terms of Section 44 of ECTA (7-day cooling-off for electronic transactions, explained in Section 10.1) and Section 16 of CPA (5-day cooling-off for direct marketing, Section 10.2). These rights are available where applicable, and instructions to exercise them are provided in those sections .

This information is provided in compliance with law so that you know who you are dealing with and how to contact us, as well as your key rights.

13.3. Notices (Legal Communications): When we need to send you notices regarding this agreement or your use of the Platform, we may do so via email to the address associated with your Account, via SMS if mobile number is provided, via in-platform notification, or by physical mail (though electronic is primary). You agree that electronic communications from us have legal effect and satisfy any requirement that communications be in writing . Notices will be deemed received by you: immediately if sent via the Platform or email (48 hours after sending, unless we receive a bounce-back); or 7 days after posting if sent via physical mail to an address you provided. It is your responsibility to keep your contact information updated.

If you need to send us a legal notice, you must do so in writing delivered to our physical address for legal service provided above (Section 13.2). You should also email a copy to legal@sunrisetechnosystems.co.za for faster attention, but the physical delivery is the formally recognized method. Notices effectively delivered to any of the addresses listed will be accepted.

13.4. Modification of Terms: We may update or amend these Terms from time to time, for example to accommodate new services or changes in law. If changes are material, we will notify registered users via email or a prominent notice on the Platform, prior to the change taking effect. The Last Updated date at the top indicates the latest revision. Your continued use of the Platform after the effective date of changes constitutes acceptance of the new Terms for ongoing use. If you do not agree to the changes, you should stop using the Platform and, if applicable, cancel any accounts or subscriptions (you may request a pro-rated refund if changes materially diminish the value of service to you and you cease use because of them). For any existing lease or transaction in progress, the version of Terms at the time of that transaction’s initiation will generally govern those specific dealings, unless all parties to that transaction agree to apply the new Terms.

13.5. Termination of Service: We reserve the right to terminate or suspend your account and access to the Platform (in whole or part) at any time if: (a) you materially breach these Terms or violate applicable law; (b) we are required to do so by law or court order; (c) despite warnings, you continue to misuse the platform (e.g., posting fraudulent listings or harassing others); or (d) we are discontinuing the Platform services entirely. Where practicable, we will give you notice of termination or suspension, stating the reason, and an opportunity to appeal or rectify (especially for minor issues). If your account is terminated, these Terms (and the Privacy Policy) will also terminate as an agreement between us, except for any clauses that survive by nature (like indemnities, liability limits, governing law). If we terminate without cause (for example, shutting down the service), we will refund any prepaid amounts for services not rendered. If you have active leases and we shut down, we will endeavor to assist in exporting your data so you can continue your landlord/tenant relationship off-platform.

You are free to terminate your use of the Platform at any time by deleting your account. Section 10 covers what happens in terms of any service fees; and our Privacy Policy covers data deletion. Termination of use does not absolve you of paying any outstanding fees or settling any disputes with other users.

13.6. Governing Law: These Terms (and any contracts, like leases, facilitated by the Platform, to the extent those are between users we don’t govern but likely they choose similar jurisdiction) are governed by the laws of the Republic of South Africa. This choice of law applies regardless of your location, meaning South African law will apply to interpret these Terms and to resolve any disputes arising from them.

13.7. Jurisdiction: You agree (and we agree) to submit to the exclusive jurisdiction of the South African courts for any dispute or claim arising out of or relating to these Terms or the use of the Platform. Typically, this would be a competent court in the province where Sunrise Technosystems has its head office (which is Gauteng, so likely the High Court in Johannesburg for significant matters, or the Magistrate’s Court if within its monetary jurisdiction). However, if you as a consumer have a right under CPA or other law to choose a different forum (e.g., small claims court or Consumer Tribunal for certain issues), this clause does not override that right. Also, for purely rental disputes between Landlord and Tenant not involving us, they may go to the Rental Housing Tribunal or appropriate court regardless of us. But for any dispute you pursue against us or we against you, we’ll handle it in SA courts.

If you are outside South Africa, note that we make no representation that the Platform is appropriate or available in other jurisdictions, and accessing it from places where its content is illegal is prohibited. You are responsible for compliance with your local laws but the contract with us remains under SA law.

13.8. Entire Agreement: These Terms, along with our Privacy Policy (and any additional terms you agree to when using specific services), constitute the entire agreement between you and Sunrise Technosystems regarding the Platform. It supersedes any prior agreements or understandings, whether written or oral, relating to this subject matter . No party is relying on any representation or promise not contained in this written agreement (any references to communications or adverts are only as an explanation, not a binding term, unless explicitly incorporated).

13.9. No Waiver: If we do not enforce a provision of these Terms, that is not a waiver of our right to do so later or of the provision itself. Similarly, your rights and remedies under these Terms are cumulative and do not exclude others provided by law. Any waiver of rights by us must be explicit and in writing to be effective.

13.10. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, that provision will be severed or limited to the minimum extent necessary, and the remainder of the Terms will remain in full effect. For example, if a liability cap is held illegal in a consumer case, it will be adjusted to the maximum allowed rather than voiding the clause entirely.

13.11. Assignment: You may not cede, assign or transfer your rights or delegate any obligations under these Terms to any other person without our prior written consent. For instance, you cannot transfer your user account to someone else as per Section 3. If your company is acquired and you want to transfer the account, contact us for arrangements. We may assign our rights and obligations to a successor in interest (e.g., if we undergo a merger, acquisition or sale of the Platform to a third party) by providing you notice. These Terms will inure to the benefit of and be binding on respective successors and permitted assigns.

13.12. Relationship: Nothing in these Terms is intended to create any partnership, joint venture, employment, or agency relationship between you and us. You are an independent user (or at most, a customer); likewise, we are not your agent or legal advisor. You cannot act in our name, and we cannot act in yours, through this contract.

13.13. Contact Information: If you have any questions or need to contact us about these Terms or the Platform, you can reach us at:
Email: support@getsmartlease.co.za
Phone: +27 60 585 1784
Physical Mail: C101 Rosewalk Gardens, Rosewalk St, Parkmore, Sandton, 2196, South Africa (Attn: GetSmartLease Legal).

We are committed to user satisfaction and legal compliance. Thank you for using GetSmartLease responsibly and we hope our Platform provides you with a smarter leasing experience.