Terms of Service

HOM is a private estate intelligence platform operated by HOM (Pty) Ltd, a company incorporated under the laws of the Republic of South Africa (Registration number: [TO BE INSERTED]).

Registered address: [TO BE INSERTED], Johannesburg, Gauteng, South Africa.

• Contact email: legal@homio.co.za
• POPIA Information Officer: [NAME TO BE INSERTED] — popia@homio.co.za

In these Terms, unless the context indicates otherwise:

• "HOM", "we", "us", "our" means HOM (Pty) Ltd.
• "Platform" means the HOM web application, mobile web application, admin portal, and all associated services accessible at homio.co.za and its subdomains.
• "User" means any person who accesses or uses the Platform, including Homeowners, Estate Managers, and Service Providers.
• "Homeowner" means a verified owner or occupant of a residential unit within an Estate registered on the Platform.
• "Estate" means a registered body corporate, homeowners association, or sectional title scheme that has subscribed to HOM services.
• "Estate Manager" means a person appointed by an Estate to administer the Platform on behalf of that Estate.
• "Service Provider" means a third-party business or individual approved by an Estate to offer services through the Services Marketplace.
• "Estate Roll" means the list of registered homeowners and/or occupants maintained by an Estate.
• "Personal Information" has the meaning given to it in the Protection of Personal Information Act 4 of 2013 (POPIA).
• "Processing" has the meaning given to it in POPIA.
• "Subscription" means the paid service agreement between HOM and an Estate.
• "Content" means any text, images, documents, videos, or other material uploaded or transmitted through the Platform.
• "Unauthorised Access" means any access to the Platform without valid authentication or in excess of authorised permissions.

3.1 By registering for, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy (available at homio.co.za/privacy), our Acceptable Use Policy (available at homio.co.za/acceptable-use), and our Data Security Commitment (available at homio.co.za/security).

3.2 These Terms constitute a binding legal agreement between you and HOM in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act). Electronic acceptance (clicking "I agree", ticking a checkbox, or continuing to use the Platform after being notified of these Terms) constitutes valid acceptance and is legally equivalent to a handwritten signature.

3.3 If you are accepting these Terms on behalf of an Estate or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

3.4 HOM records your acceptance of these Terms, including the version accepted, your IP address, device, and timestamp. This record is maintained for the duration of your account plus 5 years thereafter.

3.5 If you do not agree with any part of these Terms, you must immediately cease using the Platform and contact legal@homio.co.za to request account closure.

4.1 HOM provides a private, verified digital platform for residential estates. The Platform includes: homeowner verification, estate governance tools, surveys and polling, a services marketplace, messaging and communication tools, management dashboards, and associated features.

4.2 HOM is a technology platform provider. We are not a property manager, estate agent, homeowners association, security company, or service provider. HOM does not manage, operate, or control any Estate. Estate Managers retain full responsibility for estate governance, levy collection, bylaw enforcement, and all decisions made using data from the Platform.

4.3 The Platform is made available on an "as is" and "as available" basis. While we work hard to maintain high availability, we do not guarantee that the Platform will be available at all times, error-free, or uninterrupted.

4.4 We may update, modify, or discontinue any feature of the Platform at any time.

5.1 You must be 18 years of age or older to use the Platform. By creating an account, you represent that you are at least 18 years old.

5.2 Access to the Platform is by invitation or through Estate-managed registration only. HOM does not permit open public registration. Access is granted only where you are:

1. A verified homeowner or occupant of a registered Estate;
2. An Estate Manager appointed by a registered Estate; or
3. An approved Service Provider listed on a registered Estate's marketplace.

5.3 You may only create one account per email address. You may not create accounts on behalf of other people without their knowledge and consent.

5.4 You must provide accurate, complete, and current information during registration and keep your account information updated. Providing false information — including false identity verification details — is a material breach of these Terms and may result in immediate account termination and referral to relevant authorities.

6.1 To access the Platform as a Homeowner, you must complete HOM's identity verification process. This involves providing your unit or erf number and the last 6 digits of your South African identity document number.

6.2 The verification digits you provide are used solely to match your identity against the Estate Roll provided by your Estate Manager. They are cryptographically hashed immediately upon submission and the original digits are never stored in any HOM system, database, backup, or log file. We retain only the resulting one-way hash value, which cannot be reverse-engineered to recover your identity number.

6.4 Verification is valid for the duration of your account unless your Estate Manager resets your verification status, you change estates, or we have reason to believe your verification was obtained fraudulently.

6.5 HOM is not liable for errors in the Estate Roll provided by Estate Managers. If your verification fails due to an error in the Estate Roll, contact your Estate Manager directly.

7.1 You are responsible for maintaining the security and confidentiality of your account access credentials, including any magic links, one-time passwords, or authenticator codes used to log in.

7.2 You must notify HOM immediately at security@homio.co.za if you suspect your account has been accessed without your authorisation.

7.3 You are responsible for all activity that occurs through your account, whether or not you authorised it, to the extent permitted by applicable law.

7.4 You may not share your account with any other person. Your account is personal to you and non-transferable.

7.5 You must ensure that any device used to access the Platform is reasonably protected against malware, spyware, and unauthorised access, including the use of a screen lock on mobile devices.

7.6 If you lose access to your registered email address or phone number, contact support@homio.co.za immediately.

8.1 Your use of the Platform is subject to our Acceptable Use Policy, incorporated into these Terms by reference.

8.2 In addition to the specific rules in the Acceptable Use Policy, you agree not to:

1. Use the Platform for any unlawful purpose or in violation of any applicable South African law or regulation;
2. Attempt to gain unauthorised access to any part of the Platform;
3. Introduce malicious code, viruses, or any other harmful software into the Platform;
4. Attempt to reverse-engineer, decompile, or discover the source code of the Platform;
5. Scrape, harvest, or systematically collect data from the Platform without our express written permission;
6. Impersonate any person or entity, or misrepresent your affiliation;
7. Interfere with the integrity, performance, or availability of the Platform;
8. Use the Platform to transmit unsolicited commercial communications (spam);
9. Use the Platform to facilitate any form of harassment, discrimination, or harm to any person.

9.1 Estates are responsible for: providing an accurate and up-to-date Estate Roll; obtaining any necessary consents from homeowners prior to uploading their personal information to HOM; ensuring that Estate Managers appointed are authorised to act on behalf of the Estate; and ensuring that the Estate's use of the Platform complies with its Body Corporate or HOA rules.

9.2 Estates are the Responsible Party (as defined in POPIA) for the personal information of their homeowners uploaded to and processed on the Platform. HOM acts as an Operator (as defined in POPIA) processing that information on the Estate's behalf, under the terms of HOM's Data Processing Agreement.

9.3 Estate Managers must not upload personal information of individuals who have not been informed that their data will be processed on a digital platform or who have expressly objected to such processing.

9.4 Estates are responsible for all Content posted through their Estate Manager accounts.

9.5 Estates are responsible for independently vetting and approving Service Providers listed on their marketplace. HOM provides a platform for this process but does not independently verify, certify, or guarantee the quality, reliability, or legal compliance of any Service Provider.

10.1 The Services Marketplace enables Estates to list Estate-approved Service Providers and enables Homeowners to browse and book services. HOM provides the technological infrastructure for this marketplace.

10.2 HOM is not a party to any contract between a Homeowner and a Service Provider. Contracts for services are entered into directly between the Homeowner and the Service Provider. HOM is not responsible for the quality, delivery, safety, legality, or outcome of any services booked through the Platform.

10.3 Service Providers listed on the Platform are approved by the Estate, not by HOM. Estate-approval means only that the Estate has chosen to list that provider.

10.5 In the event of a dispute between a Homeowner and a Service Provider regarding services or payment, HOM may assist as a facilitator but is not obligated to resolve the dispute and is not liable for any loss arising from it.

11.1 Subscriptions are paid by Estates monthly or annually in advance. All subscription fees are quoted in South African Rand (ZAR) and are exclusive of VAT where applicable.

11.2 Subscription fees are non-refundable except where: (a) HOM has materially failed to provide the contracted services; or (b) the Consumer Protection Act requires a refund.

11.3 HOM reserves the right to modify subscription pricing with 60 days' written notice to Estate primary contacts. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.

11.5 Estate subscription fees do not include any payment processing fees charged by PayGate for services marketplace transactions.

12.1 The Platform, including all software, design, graphics, content, trademarks, and technology, is owned by or licensed to HOM (Pty) Ltd. Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property.

12.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes during your subscription or membership period.

12.3 You retain ownership of Content you upload to the Platform. By uploading Content, you grant HOM a limited, royalty-free licence to store, process, and display that Content solely for the purpose of providing the Platform's services to you and your Estate.

12.4 You represent that you own or have the necessary rights to any Content you upload and that it does not infringe the intellectual property rights of any third party.

12.5 HOM's name, logo, and brand marks may not be used without our prior written permission.

13.1 HOM processes Personal Information in accordance with our Privacy Policy and in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

13.2 By using the Platform, you consent to the processing of your Personal Information as described in the Privacy Policy. Where we rely on consent as the legal basis for processing, you may withdraw your consent at any time by contacting popia@homio.co.za.

13.3 You have the following rights in respect of your Personal Information:

1. The right to access Personal Information we hold about you;
2. The right to request correction of inaccurate Personal Information;
3. The right to request deletion of your Personal Information (subject to legal retention obligations);
4. The right to object to Processing of your Personal Information;
5. The right to lodge a complaint with the Information Regulator of South Africa at inforeg.org.za.

14.1 HOM implements reasonable technical and organisational security measures to protect Personal Information against loss, damage, unauthorised access, disclosure, interference, or destruction, as required by section 19 of POPIA.

14.2 Our security measures include, but are not limited to: encryption of data at rest and in transit using industry-standard protocols; multi-factor authentication for all administrative access; role-based access controls; regular security assessments and penetration testing; secure development practices including code review; and incident response procedures.

14.3 Despite our best efforts, no digital system can be guaranteed to be completely secure. You acknowledge that the transmission of data over the internet carries inherent risks.

14.5 In the event of a security incident that is likely to result in a risk to Users' rights and freedoms, HOM will notify affected Users and the Information Regulator within 72 hours of becoming aware, as required by POPIA.

15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, HOM EXCLUDES ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15.3 IN NO EVENT SHALL HOM BE LIABLE FOR ANY indirect, incidental, special, exemplary, punitive, or consequential loss or damage; loss of profits, revenue, data, goodwill, or business; loss arising from reliance on Platform analytics or recommendations; loss arising from decisions made by Estate Managers using Platform data; or loss arising from disputes between Homeowners and Service Providers.

15.4 CYBERATTACK AND DATA BREACH LIABILITY: In the event of a cyberattack or data breach, HOM shall not be liable for any loss provided that HOM had implemented security measures that were reasonable and appropriate for a platform of its nature and the sensitivity of the data involved.

15.5 FORCE MAJEURE: HOM shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, floods, fires, war, government actions, power or internet outages, pandemic, or failures of third-party infrastructure providers.

16.1 You agree to indemnify, defend, and hold harmless HOM (Pty) Ltd, its directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

1. Your violation of these Terms;
2. Your violation of any applicable law or regulation;
3. Any Content you upload to or transmit through the Platform;
4. Your violation of any third party's rights, including intellectual property rights or privacy rights;
5. Any misrepresentation made by you during registration or verification;
6. Any misuse of the Platform by you or any person accessing the Platform through your account.

16.2 Estate Indemnification: Each Estate additionally indemnifies HOM against any claims arising from inaccuracies in the Estate Roll, the Estate's failure to obtain homeowner consent for data processing, unlawful decisions made by Estate Managers using Platform data, or the Estate's approval of Service Providers who subsequently cause harm.

17.1 USER TERMINATION: You may close your account at any time by contacting support@homio.co.za. Your data will be retained and then anonymised or deleted in accordance with our data retention policy (Clause 13.4).

17.3 HOM TERMINATION: HOM may terminate your account with 30 days' written notice for any reason, or immediately for material breach of these Terms.

17.4 ESTATE SUBSCRIPTION TERMINATION: On termination, the Estate will have 30 days to export its data. After 30 days, data may be permanently deleted subject to legal retention obligations.

17.5 EFFECT OF TERMINATION: On termination: (a) your licence to use the Platform immediately ceases; (b) you must cease all use of the Platform; (c) accrued rights, obligations, and liabilities are not affected.

18.1 These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

18.2 Before initiating legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting legal@homio.co.za with a written description of the dispute and the desired resolution. We will attempt to respond within 10 business days.

18.3 If the dispute cannot be resolved informally within 30 days, it shall be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA), unless both parties agree otherwise.

18.4 If mediation fails, disputes shall be determined by the South Gauteng High Court, Johannesburg, which the parties hereby consent to as the court of jurisdiction.

18.5 Notwithstanding the above, HOM reserves the right to seek urgent interim relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent irreparable harm.

19.1 HOM may update these Terms from time to time. We will post the updated Terms at homio.co.za/terms and update the "Effective date" at the top of the document.

19.2 For changes that materially affect your rights or obligations, we will provide at least 30 days' prior notice via: (a) email to your registered address; and (b) a prominent notice in the Platform on login.

19.3 Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account.

19.4 Minor changes (such as corrections, clarifications, or changes required by law) may take effect immediately without 30 days' notice.

• General enquiries: hello@homio.co.za
• Legal and Terms matters: legal@homio.co.za
• Security and breach reporting: security@homio.co.za
• POPIA enquiries and data rights: popia@homio.co.za
• Support: support@homio.co.za
• Postal address: [TO BE INSERTED], Johannesburg, South Africa
• Information Regulator of South Africa: inforeg.org.za