TERMS AND CONDITIONS OF TENANT APPLICATION

Elite Property Traders (Pty) Ltd t/a Elite Properties
Registration Number: 2022/561204/07
Registered Address: 1 Rissik Street, Meyerton, Gauteng, South Africa
Registered with the Property Practitioners Regulatory Authority (PPRA)

These Terms and Conditions ("Terms") govern the submission and processing of your tenant application to Elite Properties ("we", "us", "our", "Elite Properties"). By submitting this application, you ("the Applicant") agree to be bound by these Terms.

PART A: APPLICANT WARRANTIES AND REPRESENTATIONS

1. Accuracy of Information
The Applicant warrants that all information contained in this application, together with any supporting documentation submitted in connection herewith, is true, complete and correct as at the date of submission. The Applicant undertakes to notify Elite Properties without delay of any material change to the information provided.

2. Representative Capacity
Where the person submitting this application does so in a representative capacity (including as a director, member, trustee, agent or duly authorised representative), he/she warrants that he/she is duly authorised to submit this application on behalf of the Applicant. In the event that the signatory is not so authorised, or the information provided is materially incorrect, the signatory shall be personally liable in all respects as though he/she were the Applicant.

3. Joint Applications
Where this application is submitted by more than one person jointly, the person submitting the application warrants that he/she has obtained the express, informed and voluntary consent of every co-applicant to: (a) submit this application on their behalf; (b) provide the consents described in Part C below in respect of each co-applicant; and (c) be bound by these Terms. Each co-applicant shall be jointly and severally liable under any resulting lease agreement.

PART B: FEES PAYABLE

4. Administration Fee
Upon successful completion of all screening checks (including credit, affordability and TPN verification) and/or acceptance of a lease offer by the Landlord, whichever occurs first, the Applicant shall pay to Elite Properties a non refundable administration fee of R2 000.00 (Two Thousand Rand). This fee is payable in respect of the costs of credit and screening checks, document preparation and administrative work undertaken in processing the application.

5. Amendment Fee
Should the Applicant, after approval of this application by the Landlord, wish to amend the application or any resulting lease in any manner whatsoever, the Applicant shall be liable for an additional fee of R2 000.00 (Two Thousand Rand), over and above the standard Lease Fee.

PART C: CONSENT TO CREDIT CHECKS, SCREENING AND AUTOMATED ANALYSIS

6. Credit Bureau Checks (National Credit Act 34 of 2005)
The Applicant expressly consents, in accordance with the National Credit Act 34 of 2005, to Elite Properties, the Landlord, or any agent acting on their behalf, conducting a credit search on the Applicant and any surety, member or director of the Applicant, with one or more registered credit bureaux including the Tenant Profile Network ("TPN"). The Applicant further consents to the transmission of details of the Applicant's performance under any resulting lease (whether positive or adverse) to such registered credit bureaux, for the duration of the lease and thereafter to the extent permitted by law.

7. Third Party Screening Providers
The Applicant expressly consents to Elite Properties sharing this application, supporting documentation and personal information with third party service providers engaged by Elite Properties for the purposes of credit assessment, affordability assessment, tenant screening, identity verification, fraud prevention and rental history verification. Elite Properties undertakes that all such third parties shall be contractually bound to process the Applicant's personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").

8. Automated Financial Analysis and Trans Border Data Transfer (Section 72 of POPIA)
The Applicant expressly consents, in terms of section 72(1)(b) of POPIA, to Elite Properties uploading and processing his/her personal information, bank statements, payslips and other financial documentation through secure cloud based automated analytical software for the purpose of conducting an in depth assessment of the Applicant's financial position, affordability, income consistency, expenditure patterns and overall risk profile. The Applicant acknowledges and consents that:

a. such processing involves the transfer and storage of personal information on servers located outside the Republic of South Africa, in the United States of America;
b. Elite Properties has selected the processor on the basis of its security standards, contractual data protection commitments and industry recognised certifications; and
c. this written consent constitutes a lawful basis for the trans border transfer of personal information under POPIA.

PART D: COMMUNICATIONS CONSENT (ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002)

9. Operational Communications
The Applicant consents to Elite Properties communicating with him/her and any co-applicant by way of WhatsApp, SMS, telephone call and email for purposes including but not limited to: confirmation of receipt of this application, requests for supporting documentation, communication of screening outcomes, forwarding of lease related documentation, and delivery of statutory notices under the Rental Housing Act 50 of 1999 (as amended) and the Consumer Protection Act 68 of 2008. The Applicant further consents to receiving a copy of this completed application by WhatsApp and/or email upon submission.

10. Marketing Communications (Opt Out Available)
Personal information provided in this application may be used by Elite Properties for the purpose of approaching the Applicant to promote or offer goods or services, including promotional campaigns, offers or loyalty programmes which may be of interest to the Applicant. The Applicant may opt out of marketing communications at any time by written request to the Information Officer at the contact details provided below, without prejudice to any other consent granted in these Terms.

PART E: POPIA DATA PROTECTION PROVISIONS

11. Responsible Party and Information Officer
The responsible party for the processing of personal information collected via this application is Elite Property Traders (Pty) Ltd t/a Elite Properties (Registration Number 2022/561204/07). The Information Officer may be contacted at:
Email: info@elite.net.za
Postal address: 1 Rissik Street, Meyerton, Gauteng

12. Purpose of Processing
Personal information collected via this application shall be processed solely for the purposes of: (a) assessing the Applicant's suitability for the rental property applied for; (b) conducting credit, affordability and rental history checks; (c) concluding and administering any resulting lease; (d) complying with legal, regulatory and tax obligations; and (e) marketing as contemplated in clause 10, subject to the Applicant's right to opt out.

13. Retention Period
Personal information shall be retained for the duration of any resulting lease and for a period of five (5) years after termination of the lease, or such longer period as may be required by law (including for tax, audit, FICA or regulatory purposes). Personal information relating to unsuccessful applications shall be retained for a maximum of twelve (12) months from the date of application, save where retention is required by law.

14. Data Subject Rights
The Applicant has the right, in terms of POPIA, to:

a. request access to the personal information held by Elite Properties about him/her;
b. request correction or deletion of inaccurate, irrelevant, excessive, outdated or unlawfully obtained personal information;
c. object to the processing of personal information on reasonable grounds;
d. withdraw consent at any time, without prejudice to the lawfulness of processing carried out prior to withdrawal; and
e. lodge a complaint with the Information Regulator.

15. Information Regulator
Complaints regarding the processing of personal information may be lodged with the Information Regulator of South Africa:
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Email: POPIAComplaints@inforegulator.org.za
Website: www.inforegulator.org.za

PART F: ELECTRONIC SIGNATURE AND ACCEPTANCE

16. Separate Consent Acknowledgements
By ticking each consent box presented during the submission process, and by completing the biometric fingerprint verification on this device, the Applicant separately and expressly confirms each of the following consents:

a. He/she has read, understood and accepts these Terms in full;
b. He/she consents to the credit bureau checks set out in clause 6;
c. He/she consents to the sharing of personal information with third party screening providers as set out in clause 7;
d. He/she consents to automated financial analysis and the trans border transfer of personal information to the United States as set out in clause 8;
e. He/she consents to operational communications by WhatsApp, SMS, telephone and email as set out in clause 9;
f. He/she elects either to receive or to opt out of marketing communications as set out in clause 10;
g. Where this is a joint application, he/she warrants having obtained each of the above consents separately and expressly from every co-applicant.

17. Biometric Confirmation as Electronic Signature
The biometric fingerprint confirmation captured at the time of submission, together with the date, time, IP address and device identifier recorded by Elite Properties, constitutes an electronic signature for purposes of section 13 of the Electronic Communications and Transactions Act 25 of 2002. The Applicant intends this electronic signature to have the same legal force and effect as a handwritten signature, and acknowledges that Elite Properties shall be entitled to rely on it for all purposes contemplated in these Terms.

PART G: PROPERTY PRACTITIONERS ACT COMPLIANCE (ACT 22 OF 2019)

18. Registration and Fidelity Fund Certificate
Elite Property Traders (Pty) Ltd t/a Elite Properties is registered with the Property Practitioners Regulatory Authority ("PPRA") in terms of the Property Practitioners Act 22 of 2019. Elite Properties hereby warrants the validity of its Fidelity Fund Certificate as at the date of acceptance of this application, and warrants that all property practitioners acting on its behalf in respect of this application hold valid Fidelity Fund Certificates issued by the PPRA.

19. Mandatory Disclosure Form (Section 67)
The Applicant acknowledges that, in terms of section 67 of the Property Practitioners Act 22 of 2019, the Lessor is required to provide a fully completed and signed Mandatory Disclosure Form in respect of the property prior to the conclusion of any lease agreement. Elite Properties undertakes to furnish the Applicant with a copy of the Mandatory Disclosure Form prior to the Applicant making any formal offer to lease, and the Applicant shall countersign such form as required by law. The signed Mandatory Disclosure Form will form an integral part of any resulting lease agreement.

20. Trust Account Disclosure (Section 54)
The Applicant is hereby notified that any monies received by Elite Properties on behalf of the Applicant or Lessor (including deposits, advance rentals and the administration fee referred to in clause 4) will be deposited into a trust account maintained by Elite Properties in compliance with section 54 of the Property Practitioners Act. Unless the parties agree in writing as to whom interest earned on such monies shall be paid, such interest shall accrue to the Property Practitioners Fidelity Fund.

21. PPRA Code of Conduct
Elite Properties confirms that it conducts its business in accordance with the PPRA Code of Conduct prescribed under the Property Practitioners Act, and undertakes not to engage in any undesirable or sanctionable practice as contemplated in sections 62 and 63 of the Act. The Applicant may lodge a complaint regarding the conduct of any property practitioner with the PPRA at:

The Property Practitioners Regulatory Authority
63 Wierda Road East, Wierda Valley, Sandton, 2196
Email: complaints@theppra.org.za
Website: www.theppra.org.za

PART H: GENERAL

22. Compliance with Rental Housing Act
Nothing in these Terms shall derogate from the Applicant's rights under the Rental Housing Act 50 of 1999 (as amended). Any resulting lease agreement shall comply with the prescribed provisions of the Rental Housing Act and the Consumer Protection Act 68 of 2008 where applicable.

23. Severability
Should any provision of these Terms be found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be interpreted so as to give effect, as nearly as possible, to the original intention of the parties.

24. Variation
No variation, amendment or consensual cancellation of these Terms shall be of any force or effect unless reduced to writing and signed by or on behalf of both parties.

25. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrate's Court having jurisdiction over the Applicant in respect of any dispute arising from these Terms, without prejudice to Elite Properties' right to institute proceedings in the High Court.

26. Entire Agreement
These Terms, together with the completed application form and any documents incorporated by reference herein, constitute the entire agreement between the parties in respect of the subject matter hereof and supersede all prior representations, negotiations and understandings, whether written or oral.

END OF TERMS AND CONDITIONS