The SALA Terms of Service

Welcome to The landlordsassociation.co.za Limited trading as South African Landlords Association, also known as “The SALA”. Us, We and Our means “The SALA.” The SALA provides its services and products to you, subject to the following conditions: When using a particular SALA service or product, you and we shall be subject to any posted guidelines or rules applicable to such service or products.

All users, members, and non-members are subject to these Terms of Service. If additional or different guidelines or rules apply to a particular service or product and are inconsistent with these Terms of Service (ToS), those guidelines or rules shall prevail over these Terms of Service.

YOU ARE BOUND BY THESE TERMS OF SERVICE AND ANY APPLICABLE GUIDELINES OR RULES WHETHER OR NOT YOU HAVE READ THEM.

YOUR ATTENTION IS DRAWN TO THE DISCLAIMER AND USERS RESPONSIBILITY SECTIONS IN PARAGRAPHS 5, 6 AND 7 BELOW. WHERE THE SALA IS AN INTRODUCER TO SERVICES PROVIDED BY A THIRD PARTY, THE PROVISIONS OF PARAGRAPHS 25 AND 26 BELOW APPLY. YOUR ATTENTION IS DRAWN TO THESE. THE SALA DISCLAIM ANY RESPONSIBILITY IN THIS SITUATION.

DESCRIPTION OF SERVICE

1 We provide users with access to online and other products and services. Unless explicitly stated otherwise, any new features that augment or enhance the current services or products, including the release of new products or services, shall be subject to these Terms of Service (TOS) and any particular posted guidelines or rules applicable to the relevant products or services.

2 Membership is chargeable.

2 You understand and agree that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

3 SALA only operates in South Africa, not elsewhere. We can only provide services relating to property located in South Africa. If your property is located elsewhere, it is your responsibility to notify us.

TRADEMARK AND COPYRIGHT NOTICES

1 The name The SALA and all other SALA logos, names and services referred to by our are trademarks of the SALA. All rights are reserved.

2 In order to use the services, where applicable, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access devices.

YOUR REGISTRATION OBLIGATIONS

1 In consideration of your use of our services or products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any registration or similar form or other requests (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SALA has the right to suspend or terminate your account and refuse any and all current or future use of our services or products (or any portion of them).

MEMBER ACCOUNTS AND SECURITY

1 When you use any of our online services, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. When you visit SALA online services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications should be in writing. You must comply with all instructions and guidelines notified to you.

DISCLAIMER OF LIABILITY AND EXCLUSION OF WARRANTIES

1 You expressly understand and agree that:

2 SALA provides this site and all SALA services or products on an “as is” and “as available” basis. SALA makes no representations or warranties of any kind, express or implied, as to the operation of this site or any other service or products provided to you or the information, content, materials, or products included on this site or otherwise provided to you or their correctness or accuracy. You expressly agree that using this site or any service or product is at your sole risk.

3 We make no warranty that (i) SALA’s services or products will meet your requirements, (ii) SALA’s services or products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our services or products will be accurate or reliable, (iv) the quality of any products, or any services, information, or other material obtained by you through SALA’s services will meet your expectations, or that (v) any errors in the software will be corrected.

4 To the full extent permissible by applicable law, SALA disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, compatibility, security and accuracy. We do not warrant that this site, its servers, or e-mail sent from SALA are free of viruses or other harmful components or that it will be uninterrupted or error-free or that any defects will be corrected. We accept no liability for hacking or any virus or contamination or attack.

5 You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data, or other intangible losses (even if SALA has been advised of the possibility of such damages), resulting from (i) the use or inability to use SALA’s services or products; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from SALA’s services or products; (iii) unauthorised access to alteration of your transmissions or data; (iv) statements or conduct of any third party on our services or products; or (v) any other matter relating to our service.

6 Nothing in this Clause will limit or exclude liability for fraud, death, or personal injury caused by our negligence.

USER RESPONSIBILITY – IMPORTANT

1 Due to the nature of the services or products provided, the SALA can only give general information, guidance, and advice. The SALA cannot be aware of the individual circumstances applicable to any user or the circumstances surrounding any property belonging to or under the control or management of any user. Users should obtain and rely on appropriate advice from a qualified professional regarding their circumstances. Your attention is drawn to the disclaimer of liability/exclusion of warranties in the preceding paragraph of the TOS.

2 In particular, individual local authorities and other statutory bodies enforce various legislative provisions that will apply to users. Information regarding their standards, practice and procedures, as well as their interpretation and application of legislation (which may vary between authorities/bodies), should be obtained from the particular authority/body

SUPPLY OF DOWNLOADABLE DOCUMENTS

1 This Paragraph applies where the services or products provided are the supply of – documents in whatever format whether or not payment is made. Where payment is made, and the supply is by us, specific guidelines and rules also apply

2 We reserve the right to cancel any order/request for provision of documents if:

3 SALA encounters technical problems in sending you the documents

4 The document requested is no longer available
If SALA cancels your order/request, SALA will notify you by email. SALA will not be obliged to offer any compensation, including compensation for disappointment suffered (other than refunding any payment made by you).

5 We will deliver the documents to the e-mail address you supplied when ordering them. If you have not received your documents when expected, you may want to check your spam or junk box.

6 The documents will be delivered as soon as possible after your order is accepted and, in any event, within 10 days of your order, subject to availability.

7 If the documents we deliver are not what you ordered, are damaged or defective or are of an incorrect quantity, SALA shall have no liability unless payment is made, in which case SALA shall have no liability to you unless you notify SALA in writing at our contact address of the problem within 5 working days of the delivery of the documents in question.

8 If you do not receive the documents ordered by you within 10 days of the date on which you ordered them, you must notify SALA in writing at our contact address of the problem within 21 days of the date on which you ordered the documents, but we shall be under no liability unless the documents are paid for;-

If you notify a problem to SALA under this condition, SALA’s only obligation will be at your option:
to make good any shortage of the documents or non-delivery
to replace documents that are damaged or defective

9 In any event, we shall have no liability to pay any money to you by way of compensation for any breach of the terms contained in this Paragraph other than to refund you the amount you paid for the documents in question (if any).

10 SALA do not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the content supplied in the documents. It is your responsibility to select the correct documents for your needs. If you are uncertain, You should take legal or other appropriate professional advice regarding this. Likewise, completion of any SALA documents or alternatives is entirely your responsibility, and, again, if need be, you should take your legal advice. We cannot accept any responsibility or liability if the wrong document or content is used or if any inserted information is incorrect.

11 SALA has tried to ensure that all the content provided in the documents is correct at the time of publication. The content is provided in the documents on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of SALA for any errors, omissions or misleading content in the documents.

USER CONDUCT

1 You understand that all information, data, text, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

This means that you, not SALA, are entirely responsible for all Content you post, e-mail, give or otherwise transmit via SALA’s services. SALA does not control the Content posted by you or any third party via SALA’s online services and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, given or otherwise transmitted by you or any third party via SALA’s services.

2 You acknowledge and agree that SALA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of SALA, its users, and the public. Content may be deleted or modified by the SALA at its discretion.

3 You understand that the technical processing and transmission of SALA’s online services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

4 Any Content you provide must not be defamatory, offensive, obscene or objectionable. It must not breach any copyright or other Intellectual property rights. It must comply with all legal requirements.

OWNERSHIP AND USER OF CONTENT

1 All rights in any Content supplied by the SALA belong to the SALA or the person by whom such content has been provided to the SALA. It is your responsibility to update/correct any Content which is inaccurate, misleading or out of date.

You may retrieve and display Content from the SALA on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use or for one in connection with your business of owning letting or managing rented residential accommodation. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.

2 You agree not to adapt, alter or create a derivative work from any of the Content supplied by us or display it in a different format or manner or to use it for any purpose other than for your personal use or for use in connection with your business of owning letting or managing rented residential accommodation.

3 Any Content or our service must only be used in accordance with all applicable laws and regulations and, in particular (without prejudice to the generality of these provisions) the Data Protection legislation and regulations.

4 Where any Content is subject to third-party rights, any applicable notices or logos must be retained. In such a case, any content must not be copied or used without the Owner’s permission.

PUBLIC CONTENT POSTED TO SALA

1 Concerning all Content you elect to post, upload, input, provide or submit to SALA’s services, you grant us the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

MODIFICATIONS TO SERVICE

1 SALA reserves the right at any time to modify or discontinue, temporarily or permanently, SALA’s services or products (or any part thereof), with or without notice.

You agree that SALA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of SALA’s services or products.

TERMINATION

1 If you are not a member of the SALA, you agree that SALA, in its sole discretion, may terminate your account (or any part thereof) or use of our services or products and remove and discard any Content within SALA’s services or products for any reason.

You agree that any termination of your access to SALA’s services or products may be effected without prior notice, and acknowledge and agree that SALA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or SALA’s services or products.

2 If you are a member of the SALA, you may exercise the rights in 14.1 for good reason or if you breach these TOS or any other applicable posted guidelines and rules.

3 You agree that SALA shall not be liable to you or any third party for any termination of your access to our services or products where permitted under this paragraph.

THE SALA’S PROPRIETARY RIGHTS

1 You acknowledge and agree that SALA’s services and any necessary software used in connection with SALA’s online services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You further acknowledge and agree that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the information presented through our services or products. You must not breach these.

PRIVACY

1 You must read and accept the SALA Privacy Policy as per our privacy policy page, which details what type of personal information the SALA may collect from you when you order from the SALA and how the SALA may store and use the information in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications Act 2003.

CHANGES TO THE TERMS OF SERVICE

1 The SALA reserves the right, to make changes to any parts of the documents or these TOS or the guidelines and rules applicable to any particular service or products.

When this occurs, details of the amendments will be published on our website. Your continued use of the SALA website is taken as your agreement to be bound by these TOS or the guidelines and rules as amended.

JURISDICTION

1 These TOS and any guidelines and rules applicable to a particular service shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.

SEVERABILITY

1 If these TOS or any guidelines and rules applicable to a particular service or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these TOS and guidelines and rules are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these TOS and any guidelines and rules and the remaining TOS, and any guidelines and rules shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

CONFLICT WITH OTHER AGREEMENTS

If these ToS conflict with any other written agreement between you and us, the latter shall prevail.

EVENTS BEYOND OUR CONTROL

1 The SALA will not be responsible for any breach of these TOS or any guidelines and rules applicable to a particular service or product caused by circumstances beyond its reasonable control.

THIRD-PARTY RIGHTS

1 A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act

ENTIRE AGREEMENT

1 These TOS and any guidelines or rules applicable to any particular service or products, together with the current prices on the website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of any products to you by us.

Nothing said by any employee on our behalf should be understood as a variation of these TOS and any guidelines and rules or as an authorised representative of the nature or quality of the services or products offered by SALA.

Save for fraud or fraudulent misrepresentation, SALA shall have no liability for any such representation being untrue or misleading. Only specific written confirmation signed by an authorised representative of SALA can override these provisions.

INDEMNITY

1 You will indemnify us against all actions, costs, claims demands, and liabilities arising directly or indirectly out of any claim by or liability to any third party against us arising out of or connected with your use of any SALA service or products or content

THIRD-PARTY TERMS AND CONDITIONS

1 When any SALA service or products are provided to the SALA by a third party (“the Provider”) to enable the service or products to be provided to you, the service is subject to the Provider’s posted terms and conditions so far as applicable.

Where there is any conflict between the Terms of Service of any Provider and us, then the SALA’s ToS or other rules and guidelines shall prevail.

2 You agree not to do anything that breaches the Provider’s terms and conditions where they are posted on the SALA website.

3 Paragraph 24 (Indemnity) also applies if there is any claim against us arising out of any breach of any of the Provider’s terms and conditions.

THE SALA AS AN INTRODUCER

1 Where a third party provides any services or products, this will be indicated online or in other documentation provided relating to the particular service or products involved.

In such a case, any order is given to the Provider, and any contract is between you and the Provider. The SALA is not a party to such a contract. In such a situation, the SALA acts purely as an introducer. We are NOT acting as an Agent for either you or the Provider.

2 The SALA is not liable to you under or in respect of any contract between you and the Provider. The SALA accepts no liability whatsoever or responsibility for any act, omission, failure or breach of contract on the part of the Provider or anyone else acting on behalf of the Provider and all such liability is disclaimed.

SALA HELPLINE GUIDANCE AND CONDITIONS OF USE

It is the user’s responsibility to furnish accurate and complete information—see paragraph 3 of SALA’s Terms and Guidance of Service, which apply.
The Helpline can only give general advice based on the verbal information furnished by the user. This is not to be treated as legal advice. Helpline advisors are not solicitors or other similar legal professionals. The Helpline does not consider documentation or correspondence which may be relevant. The Helpline can, therefore, only give the best practical advice possible on the verbal information available to the Helpline adviser. Liability for any advice given or not given is disclaimed altogether, but insofar as the SALA is liable at all in respect of any advice given or not given to you by the Helpline, if there is any liability on the part of the SALA, it is confined to its accuracy based on the information given by you to the Helpline Adviser. You may, therefore, wish to obtain and rely on advice from an appropriate, professionally qualified legal adviser, such as a Solicitor, who will be able to review the whole case, including relevant documentation. You must, therefore, not rely on the advice given by the Helpline Adviser as necessarily being accurate and complete because the Helpline may not have the relevant information and, in particular, will not have seen documents and correspondence which may be needed to give full advice to you.
Without prejudice to Paragraph 2, we disclaim liability for advice given or not given in any event. Your attention is drawn to paragraphs 5 (Disclaimer of liability and exclusion of warranties) and 6 (user responsibility) of the SALA ToS.
The Helpline advice is only given in respect of tenancies of residential accommodation located in England and Wales. It also provides advice on statutory and contractual requirements imposed on landlords of residential accommodation in South Africa.
The Helpline does not –
- advise on long leasehold properties (e.g. flats). We refer users to the Leasehold Advisory Service, the First-Tier Tribunal or other appropriate advice agencies.
- give any specific advice in relation to claims (including small claims) or the enforcement of judgments or Court orders. This is a result of the potential complexity of such cases and the need to consider the relevant documentation and correspondence, which we are not able to undertake. We do inform users of training courses operated by the SALA on these topics. We will point out the availability of the pre-action protocol in relation to small claims, moneyclaim.gov, and also the fact that they can request enforcement literature/leaflets from the Court Service.
- give detailed help on disputes between landlords and their agents.
Additionally, the Helpline will not –
1. create tenancy clauses/agreements.
2. Advise in any way in relation to commercial tenancies.
3. Advise on conveyancing matters, rights, easements, covenants or the transfer of properties.
4. give advice on town and country planning. You will be referred to the local authority or available SALA advice on the SALA website.
5. Advise on the environmental health of housing statements or fire regulations and resulting requirements both because of their complexity and the variations between different local authorities and Fire and Rescue Services. You should take advice from the local environmental health officer/Fire and Rescue Service.
6. give advice regarding appeals to any Court or Tribunal. You should contact the Court or Tribunal Office for further information.
All calls to the Helpline are recorded. Recordings are made for training purposes and to enable the SALA to monitor advice given.
Subject to the above the ToS apply to the Helpline and your attention is drawn to these

GUIDELINES AND RULES APPLICABLE TO CREDIT OR SIMILAR SEARCHES

IMPORTANT YOUR ATTENTION IS DRAWN TO THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSES 13 and 14 BELOW, IN PARTICULAR, ALL LIABILITY IS EXCLUDED FOR CONSEQUENTIAL

LOSSES SUCH AS LOSS OF PROFIT OR RENT. OVERALL, EVEN WHERE THE SOUTH AFRICAN LANDLORDS ASSOCIATION OR THE 3^RD PARTY PROVIDER IS LIABLE FOR ANY DIRECT LOSS, THEN ANY SUCH CLAIMS ARE LIMITED TO WHICHEVER IS THE GREATER OF £6.95 OR FIVE TIMES THE FEE PAID WHEN THE SERVICE IS USED

IF YOU ARE AN AGENT, YOUR ATTENTION IS DRAWN TO CLAUSE 12

The Contract

The Contract is between us, the 3^rd party provider and you;-

These Terms apply to the services which you access via the credit search section of the SALA website and these terms are the guidelines and rules applicable to the particular services provided to you.
Our acceptance of your order brings into existence a legally binding contract between us on the terms set out below. The contract you enter into is between you and us.

Price/Payment

The prices payable for the services that you order are set out on our website. We must receive payment of the whole of the price for the service supplied before your order can be accepted.

Cancellation of an order

1 The 3^rd party reserves the right to cancel your order if your order/instructions encounter technical problems obtaining the information requested or in sending it to you, or for any other reason beyond our control, the information is not available.

2 If we or the 3^rd party do cancel your order we or the 3^rd party will notify you by email and will recredit to your account any sum deducted by the 3^rd party from your credit/debit card as soon as possible within 30 days of your order. The 3^rd party will not be obliged to offer any additional compensation for losses or disappointment suffered.

Delivery of Report

1 The 3^rd party will deliver the report to your My SALA screen or to the email address you supplied at the point of order, depending on the type of report ordered. You may want to check your spam/junk box if you have not received the report when expected if it is to be emailed to you.

2 Delivery of the report will be made to you as soon as possible after your order is accepted and in any event within 10 days of the date of your order, subject to availability.

Provider’s Terms and Conditions

1 If A service is provided by a 3^rd party through us, which you have requested on your behalf from a third-party provider, namely XXXX (“the Provider”).

Terms of Service

Our Terms of Service also apply to your order and this contract. If there is any inconsistency between the guidelines and the Terms of Service, then these Rules and Guidelines shall prevail. Your attention is drawn to the Terms of Service.

The Terms of Service appear on this part of the site. Whether or not you read the Terms of Service, your order and this contract is subject to the Terms of Service.

Initial procedure, security measures and procedures

You must, at all times, ensure that you maintain technical and organisational security measures and procedures to:

ensure the security and confidentiality of any data provided to you
protect against any anticipated threats or hazards to the security or integrity of such data
protect against wrongful access to or use of such data
Dispose of the data in a secure manner in accordance with best industry practice and in accordance with the Provider’s security requirements as published from time to time, which form part of these guidelines and rules. Whether or not you read these security requirements, you are bound by them.

Prior to using the services, you must complete any due diligence/implementation checklist required by a Provider and provide any additional information or documents required, as well as cooperate and assist us in verifying your identity and your business as well as any other matters which the Provider may require. You warrant that any information or documentation supplied to us for these purposes is accurate and complete and meets any minimum standards stipulated by the Provider.
You must inform us promptly in writing if, for any reason, you are unable (or unlikely to be unable) to comply with any obligation as specified in the due diligence and implementation procedures or any other obligations imposed on you under this agreement in relation to the use of the services.

Data protection and personal data

Before using this service, you must first obtain the explicit consent of the person to whom your request for information relates before searching for the person who has applied to rent a property. You must produce satisfactory evidence that such consent has been obtained upon request.
You must at all times comply with all regulations and laws applicable to Data Protection and other applicable regulations and (without prejudice to the generality of

this provision) you must ensure that:

you process personal data (as defined by Data Protection law) in accordance with data protection legislation and all applicable laws and requirements
any data which contains personal data (for the purposes of Data Protection law) must be destroyed when it is no longer necessary for you to retain it

You must allow the Provider or us, on reasonable notice, within all business hours, access to your premises and/or operations to audit your compliance with the provisions of these Guidelines and Rules. We may request any information from you to ensure your compliance with the provisions of this clause, and you must provide us with any such information on receipt of our written request and, in any event, within 7 days.
You must, at all times, implement and maintain information security standards in respect of any data.
You must comply with the SALA’s Data Protection requirements.

Your Obligations

You must only use the information provided to you for the purposes of vetting and assessing whether the person to whom it relates is suitable to rent a property owned by you or managed or let by you on behalf of a landlord prior to any tenancy agreement being entered into.
You must obtain explicit consent for the search footprint that is retained to read as having been made by SALA rather than you.
Any data provided to you must be kept confidential.
You must not, under any circumstances, sell, transfer, distribute or otherwise make any data provided to you available to any third party or use the data on behalf of any third party (except as expressly permitted in relation to an agent).
The data will not be accessed thereafter (other than for audit purposes) after it has been used once in the vetting and assessment process.
You must not assign, transfer or otherwise makeover this agreement without the prior written consent of the Provider.
You must not subcontract the performance of your obligations under these rules and guidelines or the terms of service (without the prior written consent of the Provider.
You must not do anything to render any data provided to you inaccurate or which in any way devalues the data or which places the SALA or the Provider in breach of their obligations under data protection legislation.
If required, depending on the type of search result involved it you must register with the Information Commissioner under the Data Protection Act.
Where the search result is provided in a read-only format, you must only read it on screen. It must not be copied in any way.

Enforcement

The Provider may enforce these rules and guidelines in accordance with the Contract law.
If you breach the Terms and Conditions, then as provided by clauses 24 and 25 of the SALA Terms of Service, you will indemnify SALA as appropriate against all actions, proceedings, losses, damages, costs, claims demands, and liabilities (including legal expenses) (“claims”) arising directly or indirectly out of or in connection with your use of this service. This extends to any claim made by the Provider or any person to whom any data relates or has supplied such data. This also extends to any claims that a Provider may sustain or incur or which may be brought or established against any Provider by any third party, including any breach of your obligations under Paragraphs 8.2 or 8.3

Use by Agents

An Agent may use the service acting on behalf of a landlord to let or manage a property where it is necessary to do so to vet or assess a prospective tenant who wishes to enter into a tenancy agreement with the landlord. An Agent may only do so strictly by these rules and guidelines and the SALA’s Terms of Service as well as provisions of this clause.
As required by licenses granted to the Provider as an Agent, you must not under any circumstances pass over any information or data you provide to the landlord or anyone acting on behalf of the landlord. Without prejudice to the generality hereof, you must not provide a copy, whether in hard copy form or electronically (or in any other manner), to the landlord or anyone acting on behalf of a landlord.
You may only communicate to the landlord whether or not you consider that the information and data provided to you demonstrate that the prospective tenant is or is not suitable to take the tenancy. You may also devise your scoring system (such as excellent, good, satisfactory or not satisfactory) to inform the landlord (or anyone acting on behalf of the landlord) of the outcome of the vetting and assessment of the information or data provided. Otherwise, no opinion or comment of any kind must be passed on to the landlord.
You must not read from any report supplied to you or in any other way communicate to the landlord the data or information received by you (whether in writing, electronically or orally).

Liability

By requesting this service, you acknowledge and agree as follows:-

Any information or data comprised within this service is based on information provided to the Provider by third parties over whom they have no control and
Any data or information which is transferred over the internet may be subject to interference by third parties.

No warranty is given to you, whether by the Provider or the SALA, as to the accuracy of any data or information provided to you as a result of using this service.
The Provider, SALA, makes no representations of the suitability of the data information provided to you for any particular purpose. You are responsible solely for satisfying yourself that the information data is suitable for any use in which you wish to put such information or data (to the extent that you are in any event allowed to use such information or data in accordance with these Terms and Conditions Guidelines and Rules).
You are recommended not to use the service as the sole basis for any business decision.
No Provider shall be liable to you for any direct, consequential loss or damage arising out of or in connection with the use of this service or these rules and guidelines, even if they have notice of the possibility of such loss.
No Provider shall not be liable for any loss of business, loss of profits, loss of anticipated sales, loss of reputation, loss of goodwill or business instructions increasing bad debt or any loss incurred by any third party arising out of or in connection with this service even if they had notification of any such loss.
Your attention is drawn to paragraph 5.4 of our Terms of Service, which contains a similar disclaimer regarding SALA. SALA and these Rules and Guidelines are subject to such a disclaimer.

Limitation of liability

Without prejudice to any other provision of either of these Rules and Guidelines or the SALA Terms of Service in the event of any liability, including liability for any direct loss, then such liability shall be limited to whichever is the greater of R1,000 or five times the fee payable by you on the occasion of the services used out of which any such liability may arise.

Members Landlord Advice Line

Advice is only offered when requested by completing our online enquiry form. Where advice is offered by email, it will be followed, if prudent, by telephone. We will respond in 3 days maximum (not including weekends or public holidays).

RIGHTS OF CANCELLATION UP TO 14 DAYS AND EXCEPTIONS TO CANCELLATION

STATUTORY RIGHT

Unless one of the exceptions listed below applies, if you are a consumer but not in business, you can cancel your order without giving any reason within 14 days from the day on which you or the third party acting for you (other than the carrier) receives the goods purchased (or the last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract.

You must inform SALA of your decision to cancel your order. You may submit your request to cancel by contacting us or using the form provided. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14-day cancellation period has expired and return the item.

EFFECT OF CANCELLATION

SALA will reimburse you for all payments received from you for the goods or membership purchased within 14 days of the day we received the above communication. SALA will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.

In any event, you will not incur any bank or credit card fees due to such reimbursement.

Note: If a membership is cancelled, any documents downloaded, course discounts, or product or service discounts received by a member will be charged and deducted from the refund monies.

Advice offered or given to a member from our helpline is charged at r500 per hour and equally will be deducted from any refund of the membership fee paid (you will not be charged more than the membership fee paid no matter how much time spent on any advice or supporting a member).

Cancellation of membership must be in writing, and an email is acceptable at info@landlordsassociation.co.za.

Click to read our Privacy Policy