Legal

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Talozen platform ("Platform"), operated by Talozen (Pty) Ltd, a company registered in the Republic of South Africa ("Talozen", "we", "us", or "our"). By registering for or using the Platform, you agree to be bound by these Terms.

2. Definitions

• "Agency" means the registered real estate agency that has contracted with Talozen for access to the Platform.
• "Agent" means an individual authorised by the Agency to use the Platform.
• "User" means any individual — including Agents, property owners, and tenants — who accesses or uses the Platform.
• "Content" means all documents, data, text, and information uploaded to or generated by the Platform.

3. Access and Accounts

3.1 To use the Platform, Agencies must register and maintain a valid account. You are responsible for keeping your login credentials confidential and for all activity under your account.

3.2 You must be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of your Agency.

3.3 Talozen reserves the right to suspend or terminate any account that violates these Terms, or for any other reason at our sole discretion, with reasonable notice where practicable.

4. Permitted Use

4.1 The Platform is provided solely for the purposes of real estate administration, including mandate generation, tenant applications, FICA/POPIA compliance, lease agreement creation, and related property management activities.

4.2 You agree not to:

• Use the Platform for any unlawful purpose or in violation of applicable South African law;
• Upload or transmit fraudulent, defamatory, or infringing Content;
• Attempt to reverse-engineer, decompile, or otherwise extract the Platform's source code;
• Circumvent any security measures or access controls;
• Resell or sublicense access to the Platform without Talozen's prior written consent.

5. Subscription and Fees

5.1 Access to certain features of the Platform is subject to a subscription fee as set out in the applicable pricing schedule agreed between Talozen and the Agency.

5.2 All fees are quoted and payable in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. VAT will be charged at the prevailing rate as required by the Value-Added Tax Act 89 of 1991.

5.3 Talozen reserves the right to amend pricing with 30 days' written notice.

6. Document Generation and Legal Compliance

6.1 The Platform assists in generating legal documents, including lease agreements and mandate documents. These documents are provided as templates informed by applicable legislation, including the Rental Housing Act 50 of 1999, the Estate Agency Affairs Act 112 of 1976, and the Consumer Protection Act 68 of 2008.

6.2 Talozen does not provide legal advice. You are solely responsible for ensuring that any documents generated through the Platform comply with applicable law and the specific circumstances of each transaction. We recommend that you obtain independent legal advice where necessary.

6.3 Talozen does not accept liability for any loss, damage, or liability arising from reliance on documents generated through the Platform.

7. FICA and POPIA Compliance

7.1 The Platform is designed to assist Agencies in meeting their obligations under the Financial Intelligence Centre Act 38 of 2001 ("FICA") and the Protection of Personal Information Act 4 of 2013 ("POPIA").

7.2 Each Agency remains the Responsible Party (as defined in POPIA) for all personal information processed through the Platform. Talozen acts as an Operator and will process personal information only on the documented instructions of the Agency.

7.3 You are responsible for obtaining all necessary consents from tenants, owners, and other data subjects prior to uploading or processing their personal information on the Platform.

8. Intellectual Property

8.1 All intellectual property rights in the Platform, including its software, design, and branding, vest in Talozen or its licensors. Nothing in these Terms grants you any ownership of such rights.

8.2 You retain ownership of Content you upload to the Platform. You grant Talozen a limited, non-exclusive licence to use that Content solely for the purpose of providing the Platform services.

9. Data and Security

9.1 Talozen employs industry-standard security measures to protect data stored on the Platform. However, no transmission over the internet is completely secure, and Talozen cannot guarantee absolute security.

9.2 In the event of a data breach affecting your personal information, Talozen will notify affected parties in accordance with the requirements of POPIA and any other applicable law.

10. Limitation of Liability

10.1 To the maximum extent permitted by applicable law, Talozen's aggregate liability for any claim arising under or in connection with these Terms shall not exceed the total fees paid by your Agency to Talozen in the three months preceding the event giving rise to the claim.

10.2 Talozen shall not be liable for any indirect, incidental, consequential, or special loss or damage, loss of profit, or loss of data arising out of or in connection with the use of the Platform.

10.3 Nothing in these Terms limits liability for death or personal injury caused by Talozen's negligence, or for fraud or fraudulent misrepresentation.

11. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg, or such other court as may have jurisdiction.

12. Amendments

Talozen may update these Terms from time to time. We will notify you of material changes by email or by a notice on the Platform. Your continued use of the Platform following such notice constitutes your acceptance of the updated Terms.

13. Contact

For any questions regarding these Terms, please contact us at legal@talozen.com.

1. Introduction

Talozen (Pty) Ltd ("Talozen", "we", "us", or "our") is committed to protecting your privacy and processing your personal information responsibly, in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and all other applicable South African privacy legislation.

This Privacy Policy explains what personal information we collect, how we use it, and your rights in relation to it.

2. Who This Policy Applies To

This Policy applies to:

• Real estate agencies and their agents who use the Platform;
• Property owners, tenants, and other individuals whose personal information is processed through the Platform;
• Visitors to our website and marketing materials.

3. Information We Collect

We collect and process the following categories of personal information:

• Identity information: Full name, ID number, passport number, date of birth, and photographs;
• Contact information: Email address, telephone number, and physical address;
• Financial information: Bank account details (for trust account purposes), credit bureau reports, and payment history;
• Employment information: Employer name, occupation, and proof of income;
• Property information: Property addresses, ownership details, and lease terms;
• FICA documentation: Proof of address, source of funds, and other documents required under the Financial Intelligence Centre Act;
• Usage data: Log data, device information, and how you interact with the Platform.

4. How We Collect Information

We collect personal information:

• Directly from you when you register, complete forms, or upload documents to the Platform;
• From real estate agencies who submit information on your behalf;
• From third-party credit bureaux (such as TPN) and identity verification services;
• Automatically through cookies and similar technologies when you use our website.

5. Purpose and Lawful Basis for Processing

We process personal information for the following purposes:

• To provide the Platform services, including document generation, tenant verification, and mandate management;
• To comply with legal obligations under FICA, POPIA, the Rental Housing Act, and the Estate Agency Affairs Act;
• To conduct credit and background checks on behalf of real estate agencies;
• To communicate with you about your account or transactions;
• To improve the Platform and develop new features;
• To prevent fraud and ensure Platform security.

Our lawful basis for processing is the performance of a contract, compliance with a legal obligation, or our legitimate interests, as applicable to each processing activity.

6. Sharing of Personal Information

We may share your personal information with:

• Real estate agencies: Agencies using the Platform have access to information submitted through tenant and owner application processes;
• Credit bureaux: TPN and similar bureaux for credit and background verification;
• Service providers: Cloud hosting, email delivery, and analytics providers who process data on our behalf under contractual obligations;
• Regulatory authorities: Where required by law, including the Financial Intelligence Centre and the South African Revenue Service;
• Law enforcement: Where required by a court order or applicable law.

We do not sell your personal information to third parties.

7. Cross-Border Transfers

Some of our service providers are based outside South Africa. Where personal information is transferred across borders, we ensure that adequate data protection measures are in place, as required by section 72 of POPIA.

8. Retention of Personal Information

We retain personal information for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. FICA documentation is retained for a minimum of five years as required by the Financial Intelligence Centre Act. Lease and mandate records are retained for the duration of the legal retention period under applicable property law.

9. Your Rights

Under POPIA, you have the following rights in relation to your personal information:

• Access: You may request a description of and access to your personal information held by us;
• Correction: You may request that inaccurate or incomplete information be corrected;
• Deletion: You may request deletion of your personal information, subject to our legal retention obligations;
• Objection: You may object to the processing of your personal information on reasonable grounds;
• Complaints: You have the right to lodge a complaint with the Information Regulator of South Africa.

To exercise any of these rights, contact our Information Officer at privacy@talozen.com.

10. Cookies

Our website uses cookies to improve user experience and analyse traffic. You may disable cookies in your browser settings, though this may affect the functionality of the Platform.

11. Security

We implement appropriate technical and organisational measures to protect personal information against loss, unauthorised access, and unlawful processing, consistent with our obligations under POPIA.

12. Information Officer

Our designated Information Officer, as required by POPIA, can be contacted at:

• Email: privacy@talozen.com

13. Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by email or by a notice on the Platform. The date at the top of this Policy indicates when it was last updated.