Ikhayalami is a South African Property Intelligence Platform. These Terms of Use constitute a binding legal agreement between you ("User", "you") and Ikhayalami ("we", "us", "our").
These terms are governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act (ECTA), Consumer Protection Act (CPA), and other applicable legislation.
Acceptance of Terms
ECTA §11 — electronic agreementsIn terms of the Electronic Communications and Transactions Act (ECTA), a binding agreement may be concluded electronically. By using this platform, you enter into an electronic agreement with Ikhayalami that is legally enforceable under South African law.
Your acceptance occurs when you: access or browse the site; create an account; submit a property listing; or submit an enquiry. All of these actions constitute acceptance of these Terms of Use.
About the Platform
What Ikhayalami is and is notIkhayalami is the Property Intelligence Platform that connects property seekers with property listers across South Africa. The platform uses AI-powered search, market insights, and hyper-local data to improve the property discovery experience.
- Ikhayalami does not participate in property transactions — we only facilitate discovery and initial contact
- We do not independently verify the accuracy of all property listings (see Section 6)
- We are not party to any agreement concluded between a buyer/renter and a lister
- Market data and AI-generated insights are provided for informational purposes only
Ikhayalami offers several distinct services within one ecosystem. Service-specific terms appear in the sections noted below and apply in addition to these general Terms of Use:
- Buy, Rent & List — property discovery and listings for private sellers, agents, and agencies (Section 6)
- Student Accommodation — enhanced protections for student housing (Section 6S)
- Tenant+, also referred to as the Tenancy Operating System — rental management for landlords and tenants (Section 6T)
- Marketplace — listings by verified property-related service providers (Section 6M)
- Stay — Homes & Hosting — short and extended furnished stays, with verified hosts and escrow-protected payments (Section 6H)
- Identity & biometric verification — applies to hosts, landlords, and certain listers (Section 6V)
Eligibility
Who may use this platformTo use Ikhayalami, you must:
- Be at least 18 years of age, or have the consent of a parent or legal guardian
- Have legal capacity to enter into a binding agreement under South African law
- Not be prohibited from using the platform by any applicable law or court order
- Provide accurate, current, and complete information when creating an account or submitting a listing
We reserve the right to refuse access to any person who does not meet these eligibility requirements or who violates these Terms of Use.
User Accounts
Registration, responsibility, and security- You are responsible for maintaining the confidentiality of your account credentials at all times
- You are responsible for all activity that occurs under your account
- You must notify us immediately of any unauthorised use of your account at support@ikhayalami.properties
- You may not share your account with, or transfer it to, another person
- You must keep your registration information accurate, current, and complete
- One account per natural person or registered entity is permitted
- You must use strong, unique passwords and are encouraged to enable multi-factor authentication where offered
- You acknowledge that we may suspend or lock your account where we detect activity that suggests it has been compromised
Federated Sign-In (Google, Apple, Microsoft)
Where you choose to register or sign in using a third-party identity provider — including but not limited to Google, Apple, or Microsoft — you acknowledge and agree that:
- You authorise us to receive certain identifying information (typically: name, email address, profile photo, and provider-specific identifier) from that provider, in accordance with the scopes you approve at the consent screen
- The third-party provider's own terms of service and privacy policy continue to apply to your relationship with that provider — Ikhayalami is not a party to those agreements and is not responsible for the provider's services
- You remain responsible for the security of your third-party account; if it is compromised, your Ikhayalami account may also be at risk
- You may revoke our access at any time through your provider's connected-apps dashboard, but doing so may prevent you from signing in until you set an alternative authentication method
- Where your provider's account is suspended, terminated, or its email changes, your access to Ikhayalami may be impacted until you re-verify your identity
- We do not receive or store your password from the third-party provider — authentication is handled via OAuth 2.0 / OpenID Connect tokens
Account Security & Suspicious Activity
- We may require step-up authentication, identity verification, or temporary lockout where we detect anomalous sign-in activity, credential-stuffing attempts, or suspected fraud
- Where we have reasonable grounds to believe an account is being used for fraudulent or unlawful activity, we may suspend or terminate access without prior notice in line with section 14
- We log authentication events, IP addresses, and device fingerprints for security purposes — this is disclosed in accordance with POPIA and our Privacy Policy
We process your account information in accordance with our Privacy Policy and POPIA.
Acceptable Use Policy
What you may and may not do on this platformYou May
- Search for properties for personal or legitimate business use
- Submit genuine property listing enquiries
- List properties you own or are lawfully authorised to advertise
- Use AI-powered tools and market insights for your own research
- Share property listings via the provided sharing features
You May Not
- Post false, misleading, fraudulent, or duplicated property listings
- Scrape, harvest, or systematically download platform data without our written permission
- Use the platform to send unsolicited commercial communications (spam)
- Circumvent, disable, or otherwise interfere with platform security features
- Use automated tools, bots, or scripts to access the platform without prior written authorisation
- Impersonate another person, entity, or property professional
- Post content that is defamatory, obscene, harassing, discriminatory, or unlawful
- Use the platform for any purpose that violates South African law
- Reverse-engineer or attempt to extract proprietary algorithms or source code
System Integrity
You agree not to engage in any activity that could compromise the security or functionality of the platform. This includes, but is not limited to, introducing malicious code, attempting to bypass security measures, or performing any action that places an unreasonable load on our infrastructure. Violations may result in immediate suspension of access and legal action.
Conduct of this nature may also constitute a criminal offence under the Cybercrimes Act 19 of 2020 — including unlawful access to, or unlawful interference with, data or a computer system — and may be reported to the South African Police Service for investigation, search, seizure, and prosecution under the Cybercrimes Act and the Criminal Procedure Act 51 of 1977. Where lawful to do so, we may preserve and disclose relevant logs, device identifiers, and account data to law enforcement under valid legal process, in accordance with POPIA §38.
Abuse Prevention & Fraud Handling
Ikhayalami operates active anti-fraud and anti-abuse controls to protect users, listers, and the integrity of the platform. By using Ikhayalami, you acknowledge that we may, without prior notice:
- Apply automated and manual review to listings, enquiries, and account activity to detect fraud, scams, duplicate-account abuse, and impersonation
- Hold, suspend, or remove listings pending verification — particularly where listings appear materially inaccurate, duplicated across accounts, or originate from a flagged device or IP range
- Block, throttle, or deny service to users, devices, or networks engaged in scraping, credential stuffing, scripted abuse, or denial-of-service activity
- Verify identity, ownership, or mandate documents before activating or reactivating a listing
- Refer suspected fraud to the South African Banking Risk Information Centre (SABRIC), the South African Police Service (SAPS), the Estate Agency Affairs Board where relevant, or other competent authorities
- Cooperate with law enforcement under valid legal process, in accordance with POPIA §38 and the Cybercrimes Act 19 of 2020
If you suspect fraud, scam listings, or impersonation on the platform, report it immediately to fraud@ikhayalami.properties. We treat all reports as confidential and respond as quickly as the circumstances reasonably allow.
Property Listings
Standards, accuracy, and your obligations as a listerIn terms of the Consumer Protection Act, property listings on Ikhayalami must be accurate, honest, and not misleading. As a lister, you warrant that:
- All information in your listing is accurate, complete, and not misleading at the time of publication
- You have the legal right to advertise the property — you are the owner or duly authorised agent
- Photographs and descriptions represent the actual property being advertised
- Prices displayed are accurate as at the time of listing and reflect the true asking price
- The property is actually available at the time of listing
- You will promptly update or remove listings that are no longer accurate or available
We reserve the right to remove any listing that we reasonably believe violates these standards, contains prohibited content, or contravenes applicable law — without prior notice.
Role-Specific Responsibilities
Different users carry different legal and ethical obligations on the platform. The following role-specific duties apply in addition to the general lister warranties above:
Sellers & Private Listers:
- You warrant that you are the registered owner of the property or have the documented written consent of all co-owners
- You will not list a property that is subject to a sole-mandate agreement with a third party where that mandate is still in force
- You will disclose all material defects of which you are reasonably aware, in accordance with the Consumer Protection Act
- You will respond to enquiries in good faith and within a reasonable time
- You will withdraw the listing within 48 hours of the property being sold, leased, or otherwise becoming unavailable
Estate Agents & Property Practitioners:
- You confirm that you are a property practitioner duly registered with the Property Practitioners Regulatory Authority (PPRA) under the Property Practitioners Act 22 of 2019, and that your Fidelity Fund Certificate is current and in good standing
- You confirm you hold a valid mandate (sole, joint, or open) authorising you to advertise the property — and you will provide proof of mandate within 24 hours upon our written request
- You will display your firm's registered name, FFC number, and contact details accurately on all listings
- You will comply with all PPRA codes of conduct, the Estate Agency Affairs Act provisions still in force, FICA, and the Property Practitioners Act
- You will not list a property after your mandate has expired or been revoked
- You accept that we may verify your registration with the PPRA at any time
Buyers, Tenants & Enquirers:
- You will engage with listers in good faith and provide accurate contact details
- You will not use enquiry channels to harass, defraud, or solicit unrelated business
- You acknowledge that all prices, availability, and property details on the platform are subject to confirmation directly with the lister or their authorised agent
- You will conduct independent due diligence — including but not limited to title-deed verification, physical inspection, and obtaining professional advice — before entering into any binding offer
Listing Fees, Tiers & Refunds
Certain listing tiers, upgrades, and promotional placements on Ikhayalami are paid services. By purchasing a paid listing or upgrade, you agree to the pricing displayed at the point of purchase, the tier-specific terms presented at checkout, and the Refund & Credit Policy.
In summary: listing fees are non-refundable in cash. Where a cancellation, removal, or failed-publication event qualifies for compensation, the platform issues platform credit redeemable against future listings or upgrades, in accordance with the Refund & Credit Policy. Specific cancellation windows, expiry rules, abuse-prevention thresholds, and statutory cash-refund exceptions are set out in that document.
Listing Accuracy & Content Liability
The lister bears sole legal and commercial responsibility for the truthfulness, completeness, legality, and currency of every listing they publish. This includes:
- Accuracy of physical attributes (size, layout, age, condition), boundaries, and zoning
- Correctness of pricing, levies, rates, deposits, and any conditional terms
- Lawful right to occupy, sell, or lease — including compliance with sectional-title rules, body-corporate consents, and tenancy obligations
- Truthful representation of photographs (no materially misleading edits, staged elements that imply included fixtures, or photos of a different property)
- Compliance with the Consumer Protection Act, the Rental Housing Act 50 of 1999, and any sector-specific legislation
Ikhayalami acts as a neutral intermediary. We do not warrant the accuracy of listings, do not inspect properties, and are not party to any sale, lease, or other transaction concluded between users. Any dispute arising from a listing — including misrepresentation, defective property, or failed transactions — must be resolved between the parties to that transaction.
Student Accommodation
Special rules, protections, and obligations for student housing listings6S.1 — Scope
These rules apply to any property listed under the Student Accommodation category on Ikhayalami, including but not limited to: private rooms, shared houses, garden cottages, backyard units, purpose-built student residences, and any dwelling marketed primarily to students attending a university, TVET college, or other accredited higher education institution in South Africa.
6S.2 — Landlord & Lister Obligations
Any person or entity listing student accommodation on Ikhayalami warrants and agrees that:
- The property is lawfully available for residential occupation and complies with all applicable local municipal by-laws, including occupancy limits and zoning requirements
- All rental prices displayed are inclusive of any mandatory costs (e.g., fixed utilities, Wi-Fi, security levies) — no hidden fees may be introduced after a student enquires
- Lease agreements will be provided in writing before any deposit or payment is accepted, in accordance with the Rental Housing Act 50 of 1999 §5
- Deposits charged will not exceed the maximum permitted by law, will be held in an interest-bearing account, and will be accounted for in writing at the end of the lease, per the Rental Housing Act §5(3)
- The property exists as advertised — photographs must reflect the actual current condition of the specific unit being let, not a show unit or different property
- The listing will be removed or marked "Unavailable" within 48 hours of a unit being taken, so as not to mislead students urgently seeking accommodation
- No discriminatory conditions may be set, including but not limited to discrimination based on race, gender, religion, national origin, disability, or sexual orientation, as prohibited by the Constitution of the Republic of South Africa, 1996 §9 and the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
6S.3 — Anti-Fraud & Deposit Scam Prohibition
The following conduct is strictly prohibited and constitutes a material breach of these Terms, as well as potentially criminal conduct under the Prevention of Organised Crime Act 121 of 1998 (POCA) and the Cybercrimes Act 19 of 2020:
- Requesting any deposit, holding fee, application fee, or advance payment before providing a signed written lease agreement and verifiable proof of the lister's identity and right to let the property
- Requesting payment via untraceable methods (e.g., cash, cryptocurrency, gift cards, or informal money transfer apps) for the purpose of concealing the recipient's identity
- Advertising a property the lister does not own or is not lawfully authorised to sublet
- Impersonating a landlord, property manager, estate agent, or housing administrator
- Creating phantom listings — properties that do not exist or are not available — to harvest student data or payments
- Conducting viewings or collecting information purely to extract personal data from students without genuine rental intent
- Threatening, intimidating, or coercing a student in any way in connection with a housing transaction on this platform
6S.4 — Student Renter Rights & Guidance
Ikhayalami recognises that many students are first-time renters who may be unfamiliar with their legal rights. The following rights are guaranteed under South African law and cannot be waived by contract :
Written Lease
You are entitled to a written lease agreement before paying anything. No verbal-only agreement is legally sufficient. Rental Housing Act §5.
Deposit Protection
Your deposit must be held in an interest-bearing account in the landlord's name and returned with interest at lease end, less proven deductions. Rental Housing Act §5(3).
Habitable Accommodation
You have the right to accommodation that is safe, structurally sound, and in a good state of repair. Landlords must maintain the property. Rental Housing Act §4(5)(a).
Privacy in Your Home
A landlord may not enter your accommodation without reasonable prior notice except in a genuine emergency. Constitution §14; Rental Housing Act §4(5)(b).
Fair Eviction Only
You cannot be evicted without a court order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act 19 of 1998). Illegal eviction is a criminal offence.
Right to Complain
You may lodge a complaint with the Rental Housing Tribunal in your province — free of charge — for disputes with your landlord. Rental Housing Act §13.
6S.5 — Ikhayalami's Verification Programme
To combat fraud in the student accommodation category, Ikhayalami operates a voluntary Verified Landlord programme. Listers who obtain this badge have provided Ikhayalami with documentation confirming their identity and right to let the advertised property. This badge is displayed on listings for the benefit of students and does not constitute a guarantee by Ikhayalami.
- Ikhayalami reserves the right to request identity and title documentation from any lister in the student accommodation category at any time
- Failure to provide requested documentation within a reasonable time will result in listing suspension
- The Verified Landlord badge is revocable at any time if Ikhayalami reasonably believes it was obtained by fraudulent means
- Ikhayalami maintains a Fraud Reporting mechanism on all student listings — students are encouraged to report any suspicious activity immediately
6S.6 — NSFAS & Accredited Student Housing
Listers who claim their property is NSFAS-accredited or eligible for NSFAS rental payments warrant that this accreditation is current and verifiable with the National Student Financial Aid Scheme (NSFAS Act 56 of 1999). Misrepresenting NSFAS accreditation status constitutes fraud and is grounds for immediate and permanent removal from the platform and referral to NSFAS and law enforcement authorities.
6S.7 — Safe Communication Reminder
Students are strongly advised:
- Never pay a deposit without a signed lease agreement and an in-person or verified virtual viewing of the actual property
- Use traceable payment methods (EFT to a verified bank account in the landlord's name)
- Verify a landlord's identity independently before handing over any money or personal documents
- If you suspect fraud, report immediately to SAPS (10111), your institution's student affairs office, and Ikhayalami via our in-platform reporting tool
- Contact the Rental Housing Tribunal in your province for any landlord disputes — this service is free
Tenant+ — Tenancy Operating System
Rental management for landlords and tenantsTenant+ (also referred to as the Tenancy Operating System) is a software service that helps landlords manage rentals and gives invited tenants tools to manage their tenancy. It includes features such as tenant scoring, automated rent reminders, lease automation, maintenance ticketing, portfolio analytics, a document vault, visitor passes, reputation badges, and the Sakikhaya AI assistant.
Landlord Obligations
By activating Tenant+ as a landlord, you warrant and agree that:
- You are the owner of the property or are lawfully authorised to let and manage it
- You have a lawful basis under POPIA to invite a tenant and to process their personal information through the platform, and you will use tenant data only for legitimate tenancy-management purposes
- In respect of the tenant data you process through Tenant+, you act as the responsible party under POPIA and Ikhayalami acts as your operator, processing that data on your documented instructions and on your behalf
- You will not use tenant scoring, reputation data, or analytics as the sole basis for any decision that would unfairly discriminate against a person in breach of PEPUDA (Act 4 of 2000) or the Rental Housing Act 50 of 1999
- You will comply with the Rental Housing Act, including lawful deposit handling, the issuing of receipts, and the prescribed dispute mechanisms (the Rental Housing Tribunal)
- You are responsible for the accuracy and lawfulness of the lease terms, invoices, and notices you generate or send using the platform
- Subscription fees (for example, a per-tenant monthly fee) are billed as displayed at sign-up and are governed by the Refund & Credit Policy
Tenant Terms
- Tenant+ tenant access is invite-only — your landlord activates it for you; accepting an invitation does not create any agreement between you and Ikhayalami beyond these Terms
- Tools such as salary-aligned rent reminders, the document vault, visitor passes, and the Sakikhaya AI assistant are provided to assist you and do not constitute legal, financial, or tax advice
- Your reputation badge reflects tenancy conduct recorded on the platform; it is not a credit score and is not a substitute for any affordability or credit assessment a landlord may lawfully perform
- You may request correction of inaccurate personal information and may raise a dispute about reputation or scoring data through the in-platform tools and, where applicable, with your landlord as responsible party
- You remain responsible for paying rent and complying with your lease — the platform's reminders and tools do not alter your contractual obligations
All personal information processed through Tenant+ is handled in accordance with our Privacy Policy and POPIA. Identity verification of landlords is dealt with in Section 6V.
Marketplace
Listings by verified property-related service providersThe Marketplace lets property-related service providers — for example cleaners, plumbers, electricians, movers, internet providers, locksmiths, painters, and similar trades — list their business so that landlords, tenants, and other users can find them. A Marketplace listing is typically a once-off paid listing, as described at the point of purchase.
Service Provider Obligations
By listing a business in the Marketplace, you warrant and agree that:
- All business information you provide is accurate, current, and not misleading
- You hold every licence, registration, qualification, and insurance required by law to offer the services you advertise, and you will provide proof on our reasonable request
- You will respond to enquiries in good faith and within a reasonable time
- You will operate lawfully within the Republic of South Africa and comply with the Consumer Protection Act in your dealings with customers
- You will handle any personal information you receive through the Marketplace in line with POPIA, and will only send electronic communications in line with RICA and the CPA (no spam)
- You will not misrepresent your identity, qualifications, affiliation, or any endorsement by Ikhayalami
We may suspend or remove a listing — without prior notice, and without a cash refund (subject to the Refund & Credit Policy) — where we reasonably believe it is fraudulent, unlawful, materially inaccurate, or the subject of substantiated complaints. Identity verification of providers, where required, is dealt with in Section 6V.
Stay — Homes & Hosting
Short and extended furnished stays, with verified hosts and escrow-protected paymentsStay (Homes & Hosting) lets users list furnished homes for short or extended stays ("hosts") and lets other users discover and book them ("guests"). Hosts must complete identity and ownership verification before a home can be listed (see Section 6V).
Host Obligations
By listing a home on Stay, you warrant and agree that:
- You own the property or hold a valid right or mandate to let it for short-term stays, and you can provide proof (such as a title deed, municipal rates bill, or letter of mandate)
- You comply with all applicable by-laws, zoning, body-corporate or homeowners'-association rules, and any municipal short-term-letting requirements that apply to your property
- Your listing — including photographs, amenities, pricing, availability, and house rules — is accurate and not misleading, in line with the Consumer Protection Act
- You are responsible for your own tax obligations (including any income declarable to SARS) and for holding adequate insurance for hosting
- You will honour confirmed bookings and your stated cancellation policy, and will treat guests fairly and without unlawful discrimination
Commission, Payments & Escrow
- Hosts keep 95% of their earnings; Ikhayalami charges a 5% commission on amounts earned through the platform, as displayed at the time of booking
- Guests must pay through Ikhayalami. Funds are held in escrow and released to the host after a successful check-in — never before
- Requesting or making payment off-platform is prohibited, defeats the escrow protection, and is a fraud red flag — report it to fraud@ikhayalami.properties
- Cancellations, refunds, and escrow release are governed by the listing's stated policy and the Refund & Credit Policy
Guest Obligations
- Provide accurate information and use the home lawfully and in line with the host's house rules
- Do not use a property for any unlawful purpose, and keep communications and payments on the platform
- You are responsible for damage you cause beyond fair wear and tear, as set out in the listing terms
Identity & Biometric Verification
For hosts, landlords, and certain listersTo reduce fraud and impersonation, some services — including Stay hosting (Section 6H), Tenant+ landlord onboarding (Section 6T), and certain listing categories such as student accommodation (Section 6S) — require identity verification before you can transact. Depending on the service, this may include:
- A government-issued South African ID or passport, which we scan and validate
- Proof of ownership or authority to let (for hosts and landlords), such as a title deed, municipal rates bill, or letter of mandate
- A live facial scan with a liveness check, matched against the photo on your identity document (a biometric face match)
- You may decline or withdraw consent to biometric processing, but we may then be unable to verify you, and you may be prevented from hosting, onboarding as a landlord, or listing in a verified category
- How we collect, store, and retain identity and biometric data — and our transparency about what our checks can and cannot confirm — is detailed in our Privacy Policy (see sections 14S.8 to 14S.11)
Submitting false, altered, or stolen identity or biometric data, or impersonating another person, results in immediate suspension or termination, forfeiture of any platform credit, and referral to the authorities under the Cybercrimes Act 19 of 2020, the Prevention of Organised Crime Act 121 of 1998 (POCA), and the Criminal Procedure Act 51 of 1977.
Enquiries & Communications
RICA compliance and communication conductWhen you submit an enquiry or communicate through the Ikhayalami platform, you acknowledge that:
- Your enquiry, including contact details, will be shared with the relevant lister for the sole purpose of responding to your enquiry
- Communications submitted through the platform may be stored for delivery, security, and legal compliance purposes — this is disclosed in accordance with RICA
- You must not use the enquiry system to send spam, solicit unrelated business, or harass other users
- You are solely responsible for the content of any communication you send through the platform
- Ikhayalami may monitor communications for abuse prevention and legal compliance
Electronic communications facilitated by this platform are governed by ECTA and RICA. By using these features, you consent to the processing described above.
AI Features & Market Data
How AI-powered features work and their limitationsIkhayalami uses artificial intelligence and machine learning to improve search results, surface market trends, and personalise your experience. In the interests of transparency:
- AI search results and recommendations are based on statistical models — they may not reflect every available property
- Market trend data and price insights are indicative only and do not constitute a professional valuation
- Voice search, natural language processing, and AI ranking features are continuously improved and may occasionally produce unexpected results
- Hyper-local search uses your approximate location only when you explicitly enable this feature
- AI-generated content is produced automatically and may contain inaccuracies — always verify independently
AI-Generated Insights — Full Disclaimer
Ikhayalami's AI features include (but are not limited to) automated valuation models, suburb affordability indices, comparable-sale matching, market-trend forecasts, natural-language search, and listing-quality scoring. You acknowledge and accept the following in respect of all AI output:
- Indicative only: AI output is informational and indicative — it is not a professional opinion, valuation, financial advice, legal advice, or investment advice.
- No fitness for transactional reliance: AI insights must not be relied upon as the sole basis for offering, accepting, financing, insuring, taxing, or transferring a property. Independent professional verification is required.
- Data limitations: AI output reflects the data available at the time of computation. Some inputs may be incomplete, outdated, third-party-sourced, or self-reported. We make no warranty as to source-data accuracy.
- Statistical error: All models carry inherent uncertainty, bias, and confidence intervals. Outliers, atypical properties, distressed sales, and structurally unique homes are particularly prone to estimation error.
- No guarantee of saleability or yield: Forecasts of capital growth, rental yield, time-on-market, or comparable activity are not promises and do not constitute a representation that any specific outcome will be achieved.
- Continuous change: AI models are retrained, refined, and replaced over time. Output today may differ from output tomorrow for the same input.
- Human review required: Material decisions — purchase offers, sales pricing, mandate negotiations, mortgage applications — require human review by appropriately qualified professionals (registered valuators, property practitioners, conveyancers, financial advisors).
Data & Analytics Rights
To operate, improve, and protect the platform, you grant Ikhayalami the following rights in respect of platform data — subject always to POPIA, your Privacy Policy choices, and applicable consent requirements:
- Aggregate, anonymise, de-identify, and statistically analyse listing data, search behaviour, enquiry patterns, and engagement metrics for the purpose of producing market insights, AI model training, abuse detection, and product improvement
- Retain de-identified or aggregated derivatives indefinitely, even after your account is closed or your listing is removed — these derivatives no longer constitute personal information under POPIA §1
- Publish aggregated, non-identifying market reports, suburb statistics, price indices, and trend visualisations
- Use anonymised query data to train and refine AI ranking, search, and recommendation systems
- Share aggregated, non-identifying data with research partners, regulators, or commercial partners under appropriate confidentiality terms
Personal information — meaning information that identifies you or relates to an identifiable individual — is processed strictly in accordance with our Privacy Policy and POPIA. Your rights to access, correct, object, and request deletion of personal information are preserved. Data & analytics rights described in this section apply only to anonymised, aggregated, or de-identified derivatives — they do not affect your POPIA rights in respect of your personal information.
Intellectual Property
Ownership of platform content and user contentPlatform IP: All content on the Ikhayalami platform — including the brand, design, code, AI models, search algorithms, market data aggregations, user interface, and written content — is owned by or licensed to Ikhayalami and is protected by South African copyright and intellectual property law.
Your Content: When you submit a listing, photograph, or description, you grant Ikhayalami a non-exclusive, royalty-free, worldwide licence to display, distribute, and promote that content for the purpose of operating the platform. You retain ownership of your content and may remove it by deleting your listing.
- You warrant that content you submit does not infringe the intellectual property rights of any third party
- You may not reproduce, distribute, or commercially exploit Ikhayalami's proprietary content without written permission
- The Ikhayalami name, logo, and brand marks are trademarks and may not be used without our written consent
Disclaimers
Platform limitations and "as is" provisionTo the fullest extent permitted by South African law, including the Consumer Protection Act:
- The platform is provided on an "as is" and "as available" basis without warranties of any kind
- We do not warrant that the platform will be uninterrupted, error-free, or free from harmful components
- We do not guarantee the accuracy, completeness, or currency of any listing, price, or market data
- We are not liable for the conduct of any user, lister, or third party on the platform
- Links to external websites are provided for convenience only — we do not endorse or control them
Limitation of Liability
The extent of our financial responsibilityTo the maximum extent permitted by applicable South African law, Ikhayalami shall not be liable for:
- Any loss or damage arising from your reliance on any listing, market data, AI-generated content, valuation indicator, or recommendation displayed on the platform
- Any indirect, consequential, special, incidental, exemplary, or punitive damages — including loss of profit, loss of opportunity, loss of goodwill, loss of expected savings, loss of business, or wasted expenditure — arising from your use of the platform
- Any loss arising from unauthorised access to your account where the unauthorised access was reasonably attributable to your failure to safeguard credentials, your sharing of credentials, or compromise of your linked third-party identity provider account
- Any loss, damage, dispute, or transactional failure arising from a property transaction that originated from an introduction made through the platform — Ikhayalami is not party to any such transaction
- Any acts, omissions, misrepresentations, defaults, or wrongful conduct of any other user, lister, agent, buyer, tenant, valuer, attorney, financial institution, or third party
- Any interruption, downtime, performance degradation, or unavailability of the platform — whether scheduled or unscheduled — including events beyond our reasonable control (force majeure, internet outages, cyber-attack, power failure, regulatory action)
- Any loss of data, content, or settings — you are responsible for keeping your own copies of any material content you submit
- Any third-party software, content, integration, or service accessed via the platform — including third-party identity providers, mapping services, payment processors, and analytics services
- Any tax, regulatory, compliance, or financial-planning consequences of decisions you make in reliance on platform content
Where liability cannot be excluded by law (such as under the Consumer Protection Act), our aggregate liability to you in respect of all claims arising from or connected to these Terms or your use of the platform is limited to the greater of: (a) the total amount you have actually paid Ikhayalami in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) ZAR 1,000 (one thousand Rand). This limit applies in aggregate across all claims, whether in contract, delict, statute, or otherwise.
Indemnity
Your responsibility for your actions on the platformYou agree to indemnify, defend, and hold harmless Ikhayalami, its directors, employees, and service providers from and against any claim, liability, loss, damage, or expense (including reasonable legal costs) arising from:
- Your breach of these Terms of Use
- Any content you submit to the platform, including false or misleading listings
- Your violation of any applicable law
- Your infringement of any third-party rights, including intellectual property or privacy rights
Governing Law & Jurisdiction
Applicable law and dispute resolutionThese Terms of Use are governed exclusively by the laws of the Republic of South Africa. Any dispute arising from or related to these terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of South Africa.
| Primary Legislation | Application |
|---|---|
| Electronic Communications and Transactions Act 25 of 2002 | Electronic agreements, online transactions |
| Consumer Protection Act 68 of 2008 | User rights, fair dealing, marketing standards |
| POPIA (Act 4 of 2013) | Data protection and user privacy rights |
| Copyright Act 98 of 1978 | Intellectual property protection |
| RICA (Act 70 of 2002) | Communications on the platform |
| Rental Housing Act 50 of 1999 | Student accommodation, landlord-tenant obligations, deposit rules |
| PIE Act 19 of 1998 | Protection against unlawful eviction of student renters |
| PEPUDA (Act 4 of 2000) | Non-discrimination in housing listings and transactions |
| POCA (Act 121 of 1998) | Student housing deposit fraud and organised fraud schemes |
| Cybercrimes Act 19 of 2020 | Online fraud, phishing, digital impersonation, and platform security offences |
| Criminal Procedure Act 51 of 1977 | Investigation, search, seizure, and prosecution of platform-related offences |
| NSFAS Act 56 of 1999 | Misrepresentation of NSFAS accreditation status |
We encourage users to resolve disputes informally in the first instance by contacting us at legal@ikhayalami.properties. Where a dispute cannot be resolved amicably, you may refer the matter to the appropriate South African court or, where applicable, to the National Consumer Commission under the CPA.
Termination & Suspension
When access may be suspended or terminated- You may terminate your account at any time by contacting support or using the account deletion function
- We may suspend or terminate your account immediately for any material breach of these Terms of Use
- We may suspend or terminate access where required by law or a lawful court order
- Upon termination, your right to access and use the platform ceases immediately
- Provisions that by their nature should survive termination (IP, indemnity, governing law) continue to apply
We will provide reasonable notice of termination where possible, except where termination is required urgently for security or legal reasons.
Changes to These Terms
How we update and notify you- We may update these Terms of Use at any time to reflect changes in law, platform features, or business practice
- Material changes will be notified via a prominent notice on the platform
- The "Last Updated" date at the top of this page will always reflect the most recent revision
- Continued use of the platform after the effective date of revised terms constitutes acceptance
- If you do not agree with updated terms, you must stop using the platform and may close your account
Contact Us
How to reach us for legal mattersFor any queries about these Terms of Use, legal notices, or dispute resolution, please contact us. We aim to respond to all legal enquiries within 5 business days.
Legal & Platform Queries
We aim to respond to all legal enquiries within 5 business days. For privacy-specific requests, please use our dedicated privacy contact.