- Your privacy is important to DigsConnect. To better protect your privacy, DigsConnect provides this Policy explaining its undertaking to protect your personal information.
- This Policy has been prepared in accordance with the laws which regulate the protection of personal information. Insofar as DigsConnect may have access to personal information, DigsConnect will always store and protect it and only use and disclose it in compliance with those laws.
- By downloading, using and enjoying the DigsConnect App and in participating in the use of the DigsConnect App to interact with your Landlord or Student (as the case may be), you agree to accept this Policy and to be bound by its terms and conditions. You also agree that DigsConnect may receive, store, process and disclose your personal information as provided for in this Policy.
- This Policy applies to all information provided by you and collected through your use of the DigsConnect App which includes:
- your name, address, mobile phone number, age, and any information which you provide to DigsConnect upon creating your unique DigsConnect profile;
- your habits and preferences relating to rendering of the services in terms of the DigsConnect App;
- names and contact information from your address book or any application on your mobile phone which we may reasonably require to provide or enhance our services;
- information relating to how and when you use the DigsConnect App, the specific settings that you choose within the DigsConnect App, system activities and cookies;
- information relating to your mobile phone, including the hardware and software specifications of the mobile phone and call and text message data within the DigsConnect App; and
- any other personal information.
Use of Personal Information:
- DigsConnect may use and disclose your personal information in the following manner:
- where you are the Student leasing residential premises, by disclosing to the Landlord of the residential premises, other service providers and bankers, personal information which comprises your unique DigsConnect profile, as determined by DigsConnect;
- where you are the Landlord of residential premises, by disclosing to Students leasing your leased premises, other service providers and bankers, personal information, which comprises your unique DigsConnect profile, as determined by DigsConnect;
- by the use of your email address and/or mobile phone number to contact you from time to time relating to promotions and offers, to send you notifications and for security reasons;
- to aggregate statistics and data about the use of the DigsConnect App and/or to customise the DigsConnect App’s content, layout and services;
- by the aggregation of your personal information with other people’s personal information to create and disseminate, as DigsConnect considers appropriate, as aggregated data without specific identification or your unique personal data;
- by the transfer of your personal information about the use of the DigsConnect App to its advertising partners and other third parties. This personal information may be used to conduct credit assessments for purposes of verifying your ability to fulfil financial obligations, provide advertising, promotions or other products and services that may be of particular interest to you. DigsConnect undertakes to, but cannot guarantee that it will, ensure that its advertising partners and other third parties receive and collect information in accordance with the laws which regulate the protection of personal information.
- You may at any time on written notice to DigsConnect, require that it does not disclose your personal information in the manner contemplated above, in which case DigsConnect will not do so, but in which case DigsConnect may, on the basis of operational requirements, preclude your use of the DigsConnect App.
- The DigsConnect App will facilitate that you may access, review, correct and/or delete certain of your personal information stored by DigsConnect. When you do so, DigsConnect will take reasonable steps to verify your identity, such as requiring a username and password, before granting access to your personal information.
- DigsConnect agrees not to use your contact information in any manner that you do not consent to as contemplated in this Policy or otherwise, but in which case DigsConnect may, on the basis of operational requirements, preclude your use of the DigsConnect App.
- You may opt out of receiving promotional communications from DigsConnect, but you may still receive non-promotional communications from DigsConnect relating to your account and services provided to you.
- DigsConnect will disclose your personal information if it reasonably believes that it is required to do so by law or to protect the rights and property of DigsConnect or the public. DigsConnect may also co-operate with law enforcement in any official investigation and it may disclose your personal information to the relevant authority in doing so. You acknowledge and give your consent that this includes sharing your personal information with any insurer or other interested party in the event that there is any complaint, dispute, conflict, loss or damage arising from your use of the DigsConnect App.
- DigsConnect reserves the right to transfer your personal information in the event of a transfer of ownership of DigsConnect, or that part of its business which includes the DigsConnect App.
- DigsConnect undertakes to use appropriate commercial endeavours to, but cannot guarantee that it will, store your personal information securely to maintain its confidentiality, prevent unauthorised access, maintain data accuracy, and ensure the correct use of your personal information.
Amendments to this Policy:
- DigsConnect may amend this Policy from time to time to have regard for changes in the law and in accordance with DigsConnect’s requirements. DigsConnect will notify you via the DigsConnect App or other electronic communication platforms of any updates and amendments. It is important that you review this Policy regularly so that you are aware of any amendments.
- This Policy is governed by the law of the Republic of South Africa and any legal action instituted in connection with this Policy ought to be instituted in the Republic of South Africa.
- If you have any questions or comments about this Policy, please contact DigsConnect via its website.
TERMS AND CONDITIONS
APPLICABLE TO THE USE OF THE DIGSCONNECT WEB-BASED COMPUTER APPLICATION
(“the DigsConnect App”)
- The terms and conditions set forth below apply to your use of the DigsConnect App and by downloading and using the DigsConnect App to receive services from DigsConnect and/or via the DigsConnect App, you agree to be bound by these terms and conditions.
- The DigsConnect App may only be used in accordance with these terms and conditions.
- For your convenience, certain terms and phrases have been defined, and you will find those defined terms and phrases at the end of these terms and conditions.
USE OF THE DIGSCONNECT APP
- DigsConnect grants to you the right to download, use and enjoy the DigsConnect App in the Republic of South Africa on a mobile device or internet-enabled device that you own or control, in accordance with these terms and conditions.
- The right to download, use and enjoy the DigsConnect App is not granted exclusively to you. It is granted to you for your personal use only, and you will not be entitled to transfer or sub-licence the use and enjoyment of the DigsConnect App in any way, either in whole or in part, to any other person.
- You may not, nor may you attempt to, modify, de-compile, dissemble or otherwise reverse engineer the DigsConnect App.
- Save for the limited rights provided to you in terms of these terms and conditions, you acquire no other rights whatsoever in the DigsConnect App.
- The DigsConnect App, its software and operating systems, trademarks, copyrights, database of data and other intellectual property rights that relate to the DigsConnect App are owned by DigsConnect and/or by such licensor thereof as DigsConnect has received rights under licence. The intellectual property will never become owned by you.
- When you use the DigsConnect App, you consent to receiving communications from DigsConnect, in whatever form DigsConnect deems appropriate, including by telephone, short messaging services, electronic communication platforms and electronic mail.
- You acknowledge that in order to use the DigsConnect App you will be required to complete DigsConnect’s online Profile application in respect of either Landlords or Students. You may only hold one Profile and that Profile may only be used by you for your own account.
- You must notify DigsConnect immediately should any information which is recorded in your Profile change and you warrant that the information will remain accurate for the duration of your access to or use of the DigsConnect App.
- You acknowledge that you are responsible for all activity and resultant costs on your Profile and you agree to maintain the security and secrecy of your Profile username and password at all times.
- DigsConnect will have the right in its sole and unfettered discretion to suspend or terminate your Profile, in which event your right to use the DigsConnect App will be suspended or terminated, as the case may be.
- DigsConnect undertakes to process and store your information contained on your Profile in accordance with law and will take reasonable steps to secure and protect your personal information.
- You acknowledge and consent to your User Data being disclosed to Landlords, Students or any third party for the purposes of managing the letting and/or leasing of the Leased Property, providing related services or for any other lawful purpose.
- You also acknowledge and consent to DigsConnect disclosing your User Data to any insurer, applicable regulator or other interested party in the event that there is any complaint, dispute, conflict, loss, damage, death or injury arising from your use of the DigsConnect App.
- The “find a digs” platform on the DigsConnect App enables Users to upload personal information, to advertise or view advertisements for the letting of residential properties, to arrange viewings of residential properties, to interact with other Users for the purposes concluding a Lease Agreement, to manage the payment of Rental and other services related to the leasing of residential property.
- Landlords may have an opportunity to rate their Students and to provide any additional feedback relating to the use of the DigsConnect App.
- Students may have an opportunity to rate their Landlords and the Leased Premises and to provide any additional feedback relating to the use of the DigsConnect App.
- Any complaints or queries relating to the DigsConnect App can be sent to DigsConnect’s support team, which you can contact via the DigsConnect App.
- The template Lease Agreement is provided to assist Landlords and Students in regulating their contractual relationship for the leasing of the Leased Premises. DigsConnect does not warrant that the template Lease Agreement is suitable or fit for use in governing the relationship between a Landlord and a Student in connection with any particular Leased Premises.
- Users are not obliged to contract using the template Lease Agreement, however a Lease Agreement duly signed by the Landlord and Tenant must be uploaded and recorded on the DigsConnect App.
- DigsConnect will be entitled to deduct for its benefit an amount equal to 5% of the monthly Rental paid through the use of the DigsConnect App in respect of each Lease Agreement.
- DigsConnect will prescribe a fee payable by the Landlord to DigsConnect for any additional services, which will be paid into DigsConnect’s prescribed banking account.
DISCLAIMER AND INDEMNIFICATION
- Digs Connect is not an estate agent as defined in the Estate Agency Affairs Act No. 112 of 1976. Nothing in these Terms and Conditions is intended to nor will it establish any relationship of partnership, joint venture, employment, agency or any similar relationship between DigsConnect and the Landlord or between DigsConnect and the Student.
- DigsConnect receives data and services from sources which are not connected to it, nor subject to its control. DigsConnect and the participants in its supply chain rely on internet connectivity and electronic communications, and are susceptible to all the vagaries inherent in that form of connectivity and communication. Whilst DigsConnect will take reasonable steps to create a stable and accessible electronic platform by way of the DigsConnect App, it does not represent or warrant, whether express or implied, that the platform or the data aggregated therein will be free of instability or error.
- Neither DigsConnect nor its proprietor or any of their officers or employees will be liable for any interruption or delay in the use of the DigsConnect App, any interception in communications or corruption of data (including User Data) or systems, any transfer of computer viruses, any error or misstatement in relation to any data (including User Data), any incompleteness in relation to data (including User Data), any improper or inapplicable use to which any data is put, any claim or loss of any nature relating to or arising from the download, installation, access to or use of the DigsConnect App or any data (including user data) aggregated within or processed by the DigsConnect App.
- You waive any claim which you may have against DigsConnect, its officers and employees and you hold DigsConnect harmless and indemnify it against any such claim, including but not limited to bodily injury, death, theft, loss, damage to property (including direct, indirect, special or consequential damages), costs (including but not limited to legal costs) and claims arising from or related to your use of the DigsConnect App.
- DigsConnect, or any party from whom it receives any element of the DigsConnect App, may from time to time improve, upgrade or enhance the DigsConnect App, in which event, the DigsConnect App thus improved or enhanced will be the subject of these terms and conditions.
- DigsConnect may from time to time activate temporary marketing campaigns for the DigsConnect App. In this event, additional terms and conditions will be disclosed to you and shall be deemed to be a part of these terms and conditions. The obligation is therefore on you to review these terms and conditions at regular intervals.
- These terms and conditions will apply to each Lease Agreement between a Landlord and a Student.
- DigsConnect will be entitled to amend any provision of these terms and conditions from time to time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by DigsConnect to its website and/or the DigsConnect App. Your continued access to or use of the DigsConnect App will be deemed to be your acceptance of these terms and conditions, as amended. It is important that you review these terms and conditions regularly so that you are aware of any amendments.
- The law of the Republic of South Africa will be used in the interpretation and enforcement of these terms and conditions.
- If any provision of these terms and conditions is found by a court to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
- No failure on the part of DigsConnect to exercise, and no delay by DigsConnect in exercising, any right under these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.
Additional Services: The provision of priority listings to Landlords, photographing leased premises for purposes of advertising on the DigsConnect App and any other additional services offered by DigsConnect from time to time.
DigsConnect: DigsConnect (Proprietary) Limited, a private company registered in the Republic of South Africa with registration no. 2017/040276/07.
the DigsConnect App: The Landlord and Student management mobile web-based computer application, software and other components.
Landlord: A User which lets the Leased Premises to the Student.
Lease Agreement: The agreement of lease concluded between the Landlord and the Student.
Leased Premises: The property which is advertised on DigsConnect or the subject of the Lease Agreement as the context dictates.
Profile: A profile allocated to each Landlord and Student by the DigsConnect App, which records the User’s name, address, mobile phone number, age, preferred method of payment of the Rental and any further information which DigsConnect may require from time to time.
Rental: The amount payable by the Student to the Landlord in terms of the Lease Agreement.
Student: A User which leases the Leased Premises from the Landlord, and is registered at a tertiary institution in South Africa.
User: A person who downloads and uses the DigsConnect App.
User Data: Data pertaining to a User, including that recorded on its Profile, its identity, habits and preferences relating to the letting and leasing of property, payment methods, address and communication via the DigsConnect App.