Terms and Conditions of Use

StemStudents Terms and Conditions

1. Introduction

Welcome to StemStudents, the platform connecting landlords and students seeking accommodation in South Africa. By accessing and using our platform, you agree to be bound by these Terms and Conditions ("Ts & Cs"). Please carefully review these terms as they establish the legal framework for your interaction with StemStudents.

2. Definitions

Throughout these Ts & Cs, specific terms carry defined meanings:

• StemStudents: Also known as Stem Students Pty (Ltd), is a platform that brings landlords and students together.
• Landlord: An individual offering accommodation through the StemStudents platform.
• Student: An individual seeking accommodation through the StemStudents platform.
• User: Any individual accessing or using the platform, including site visitors, landlords, and students.
• Listing: A property advertised by a landlord on the platform.
• Content: Any information, data, or material uploaded or shared by Users.
• Data: Any information collected and processed by StemStudents related to its services.
• POPIA: Protection of Personal Information Act, 2013 (Act No. 4 of 2013) of South Africa.

3. User Registration and Accounts

To access certain features of the StemStudents platform, you must first register for an account. We offer two account types: one for Landlords and one for Students.

3.1. Landlords:

As a landlord, your account enables you to:

• Post listings for your available properties, complete with detailed descriptions, pictures, and amenities.
• Edit and update your listings to ensure accuracy and reflect any changes.
• Receive inquiries and messages from interested students directly through the platform.
• Access insights into the performance of your listings, such as views, inquiries, and property performance.
• Request personal documents from interested students for verification purposes (e.g., government-issued IDs or bank statements). However, you must only request documents strictly necessary for assessing their suitability as tenants and comply with all applicable data privacy laws (e.g., POPIA) when collecting and storing their information.
• Pay a facilitation fee to StemStudents as outlined in clause 5.
• Remember, you are responsible for ensuring the accuracy and completeness of all information associated with your account, including your personal details, property details, and compliance with relevant rental property regulations.

3.2. Students:

As a student, your account allows you to:

• Search for accommodation based on your specific requirements, including location, price, property type, and NSFAS status.
• Filter through available listings to find options that best suit your needs.
• Save favourite listings for easy reference and revisit them later.
• Contact landlords directly with inquiries and booking requests through the platform.
• Upload required documents (e.g., government-issued IDs or bank statements) to ensure correct processing of your application. Additionally, ensure the uploaded documents are accurate, genuine, and relevant to your application.
• Please note that you are also responsible for the accuracy and completeness of your account information, including your personal details and uploaded documents.

4. Content and Activity Guidelines

Both landlords and students must adhere to guidelines regarding content upload and platform activity, including but not limited to:

4.1. Landlords:

• Listing Content: You are solely responsible for ensuring your listings are accurate, detailed, and free from misleading or deceptive information. Ensure they adhere to the structure outlined by StemStudents for optimal presentation and clarity. StemStudents will review listings before approval and will exercise the right to verify that the information is correct and not misleading for the safety of the students. Remember, listings must not violate any applicable laws or regulations.

• Verification Documents: While requesting verification documents from potential tenants is allowed, you must limit your requests to documents strictly necessary for assessing their suitability (e.g., government-issued IDs or bank statements). Remember to comply with all applicable data privacy laws when collecting and storing student data.

4.2. Students:

• Document Uploads: Stick to the specific requirements outlined by landlords when uploading documents. Uploading unnecessary or irrelevant documents will result in delays or improper processing or account termination if necessary. Additionally, ensure all uploaded documents are accurate, genuine, and not misleading.

• User Activity: Remember to maintain respectful and positive communication with other users on the platform. Avoid any form of offensive, discriminatory, harassing, threatening, or illegal behavior. Refrain from spamming or unsolicited marketing practices, and do not attempt to circumvent the platform by conducting private transactions outside of it. Remember that by choosing to interact with landlords and building owners on the platform, you acknowledge and accept all associated risks. StemStudents assumes no liability for any potential issues arising from these interactions.

4.3. General User Guidelines

All users agree to the following:

• Refrain from engaging in offensive, violent, sexual, discriminatory, or otherwise inappropriate behavior. Report any instances of theft or criminal conduct to the relevant authorities and inform StemStudents promptly via email at info@stemstudents.co.za.
• Not circumvent StemStudents services by attempting to conduct private transactions outside the platform, as this undermines its intended purpose and harms StemStudents. Recognize that StemStudents acts solely as a platform facilitator and assumes no responsibility for the actual lease relationship.

5. Transactions and Payments

As a facilitator, StemStudents does not participate in financial transactions between landlords and tenants. However, landlords agree to pay a facilitation fee of 2% (excluding VAT) of the gross lease value based on the full lease duration agreed upon privately between them and the tenant.

Additionally, for buildings accommodating NSFAS students, payments will be collected twice a year on the 1st of July and the 1st of November. For accommodations that do not accommodate NSFAS students, commission will be collected regularly from the moment the student signs the lease and pays the first month's rent. These accommodations can either pay for the whole lease duration as a one-off payment or make monthly payments. Please note that no refunds are offered for platform usage fees.

6. Responsibilities and Limitations

6.1 User Responsibilities

Users are solely responsible for their actions, behavior, and consequences within the StemStudents platform. This includes, but is not limited to, the content they upload, the interactions they have with other users, and any agreements or transactions they enter into. Users are responsible for ensuring the accuracy and completeness of their account information and any documents they upload to the platform.

6.2 StemStudents' Responsibilities

StemStudents provides a platform for interaction between landlords and students but does not take any responsibility for the agreements, relationships, or transactions formed between them. StemStudents strives to maintain the accuracy and functionality of the platform but makes no guarantees regarding its uninterrupted operation or the absence of errors, bugs, or technical issues. StemStudents reserves the right to remove or edit any content that violates these Ts & Cs or is deemed harmful or inappropriate. StemStudents is not a conveyancer, financial advisor, attorney, or property practitioner as defined and governed in the Property Practitioners Act, 2019, as amended.

6.3 Limitations of Liability

StemStudents is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the platform, including, but not limited to, data inaccuracies, interruptions, errors, losses, or harm caused by user behavior, third-party content, or technical issues. Users agree to indemnify and hold harmless StemStudents from any claims, losses, death, or liabilities arising from their use of the platform.

7. Intellectual Property

7.1 User Content Ownership

Users retain ownership of any content they create and upload to the platform, including property images, listing descriptions, and other materials. By uploading content, users grant StemStudents a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, publish, and distribute such content.

7.2 Use of Content for Promotion

StemStudents reserves the right to use all user-uploaded content—including property images, descriptions, and other listing information—for promotional purposes. This may include, but is not limited to, use on social media channels, advertising, and other marketing materials to promote both StemStudents and the accommodations listed on the platform.

7.3 Content Verification

StemStudents will verify accommodation listings as much as possible to ensure accuracy and protect users. Users are solely responsible for the accuracy and completeness of the content they upload, and StemStudents assumes no liability for inaccuracies in user-submitted content.

8. Data Privacy

StemStudents collects and uses user data in compliance with the Protection of Personal Information Act (POPIA). Users consent to receiving communications from StemStudents through various channels, such as email, push notifications, and in-app messages, regarding platform updates, promotions, and relevant information.

9. Dispute Resolution

9.1 Initial Resolution

Users are encouraged to resolve any disputes or concerns regarding their use of the StemStudents platform amicably. The first step should be to contact StemStudents’ customer support via email at info@stemstudents.co.za. We aim to respond to inquiries promptly and work towards a resolution.

9.2 Mediation

If the dispute cannot be resolved through customer support within a reasonable timeframe, users may propose mediation as an alternative to litigation. Mediation will be conducted by a mutually agreed-upon third party to facilitate discussions and reach a fair settlement.

9.3 Legal Action

Should mediation fail or if the dispute remains unresolved, users agree to submit to the jurisdiction of the South African courts for any legal action. All legal proceedings must be initiated within the applicable limitation period under South African law.

9.4 Governing Law

These Ts & Cs will be governed by the laws of South Africa, and any disputes arising from or related to these Ts & Cs will be resolved in accordance with South African law.

10. Modifications to Terms and Conditions

StemStudents reserves the right to modify these Ts & Cs at any time. Any changes will be communicated through a notification on the platform or via email. Continued use of the platform following any modifications will constitute acceptance of the updated terms.

11. General Provisions

These Ts & Cs constitute the entire agreement between the users and StemStudents regarding the use of the platform. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

By using the StemStudents platform, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.