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Terms and Conditions

Last updated: 12 May 2026 (revision 2)

LAST UPDATED: 12 May 2026 (revision 2)

These Terms and Conditions ("Legal Terms" or "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you", "User"), and Markus Taljaard trading as Bindyl ("Bindyl", "Company", "we", "us", or "our"), a sole proprietor registered in South Africa, concerning your access to and use of the Bindyl website, web application, and any related services, features, content, or applications (collectively, the "Platform" or "Services").

Bindyl operates an online roommate-matching and introduction platform only. Bindyl is not a landlord, rental agent, property manager, estate agent, or accommodation provider, and does not participate in lease negotiations, rent collection, or tenancy management.

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree, you must discontinue use of the Platform immediately.

1. DEFINITIONS AND INTERPRETATION

For purposes of these Legal Terms:

"Account" means a registered user account on the Platform.

"Bindyl", "Company", "we", "us", or "our" means Markus Taljaard trading as Bindyl.

"Compatibility Score" means an algorithmically generated score or categorisation produced using User-supplied responses and behavioural indicators, intended solely as a guidance tool and not as a guarantee of suitability, safety, or compatibility.

"Contributions" or "User Content" means any information, text, images, messages, questionnaire responses, or other content submitted by Users through the Platform.

"Didit" means the third-party identity verification service provider currently used by Bindyl. If the named provider changes, we will update these Terms and the Privacy Policy accordingly.

"Information Officer" means the person designated under POPIA to manage data protection matters (see clause 16).

"Match" means a connection or pairing between Users generated by the Platform's matching algorithm.

"Paystack" means Paystack Payments (Pty) Ltd, a South African payment service provider that operates the payment gateway used by Bindyl to process card and electronic payments. Paystack is a payment processor only and is not the seller of record for any paid Service on the Platform.

"Platform" or "Website" means the Bindyl website at https://www.bindyl.com, the Bindyl web application, and all associated services.

"POPIA" means the Protection of Personal Information Act, No. 4 of 2013.

"Pro" means a one-time paid upgrade tier offering enhanced Platform features as described at checkout.

"Verified" means a User whose identity has been verified through Didit at a specific point in time. Verification reflects only that Didit's checks were satisfied at the time of the verification process.

2. PLATFORM ROLE AND LIMITATION

Bindyl provides a technology platform that introduces Users to one another based on stated preferences and algorithmic matching. Bindyl does not:

  • verify property ownership or tenancy rights;
  • guarantee the accuracy, truthfulness, or completeness of User information;
  • conduct criminal background checks or character assessments;
  • provide legal, rental, financial, or housing advice;
  • act as an agent, intermediary, landlord, or estate agent in rental agreements; or
  • guarantee the safety, suitability, or compatibility of any User, property, or living arrangement.

Any arrangements made between Users — including lease agreements, financial commitments, and co-habitation arrangements — occur independently and at the Users' own risk. Users must independently verify all information about potential roommates, properties, and lease terms before entering into any agreement.

3. ACCEPTANCE OF TERMS AND AMENDMENTS

These Legal Terms are accepted via click-wrap agreement during registration or purchase, satisfying the requirements of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECTA"). Electronic records and signatures under these Terms satisfy any legal requirement for writing.

We may amend these Legal Terms from time to time. Where changes materially affect your rights or obligations, we will provide at least fourteen (14) days' prior notice via email to the address on file or by prominent Platform notice. Continued use after the effective date constitutes acceptance of the amended Terms. If you do not accept the amended Terms, you may terminate your Account in accordance with clause 14. Non-material updates (such as minor clarifications or editorial amendments) will be reflected by updating the "Last Updated" date.

4. ELIGIBILITY AND AGE REQUIREMENTS

The Platform is intended for persons aged eighteen (18) years or older. By using the Platform, you confirm that you meet this requirement and that you have the legal capacity to enter into these Terms.

If we discover that a person under 18 has registered, we will terminate the Account and delete personal information in accordance with POPIA, unless retention is legally required.

5. ACCOUNTS AND SECURITY

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account. You must notify us immediately of any unauthorised use of your Account at support@bindyl.com.

We reserve the right to suspend or terminate Accounts that contain false information, impersonate others, or breach these Terms.

6. IDENTITY VERIFICATION (DIDIT)

6.1 Purpose

Certain features (Verified badge, Pro upgrade) require identity verification through Didit.

6.2 Nature of Verification

Verification confirms that identity documentation matched Didit's checks at the time of verification. It is not a background check, character assessment, guarantee of safety, or ongoing verification of identity. The "Verified" status reflects a point-in-time check only.

6.3 Data Processing and POPIA

Bindyl is the responsible party under POPIA. Didit acts as an operator (processor) under a written Data Processing Agreement ("DPA") that sets out processor obligations including confidentiality, security measures, deletion requirements, cross-border transfer safeguards, and audit rights.

Verification may involve processing personal information including your name, date of birth, government-issued identity document number, identity document images, and biometric facial data (for face-match liveness checks). This constitutes special personal information under POPIA section 26.

Processing of biometric data is based on your explicit, informed consent as contemplated by POPIA section 27(1)(a), and is limited to the purposes of identity verification, fraud prevention, security, and Platform integrity.

Verification records are retained for no longer than twenty-four (24) months following verification, after which they will be deleted or anonymised, unless a longer period is required by law, pending litigation, or contractual retention obligations.

6.4 Failed Verification and Refunds

If verification fails due to a technical error attributable to Bindyl, reasonable refunds will be provided. Failures due to inaccurate, expired, or insufficient documentation may not be refundable, as the fee covers the cost of the third-party verification process. You may re-submit verification where reasonably possible, subject to a maximum of five (5) verification attempts per Account.

7. FEES, PAYMENTS, AND ONE-TIME PURCHASES

7.1 Seller of Record and Payment Gateway

Bindyl is the seller of record for all paid Services on the Platform. Your contract for the purchase of any paid Service is directly with Bindyl. Invoices and receipts are issued by Bindyl, either directly or through our payment gateway in Bindyl's name.

Payments are processed on our behalf by Paystack Payments (Pty) Ltd ("Paystack"), a South African payment service provider. Paystack acts as our payment gateway only and is not a party to the contract for the Services. Paystack is responsible for the secure processing of card and electronic payment data, including compliance with the Payment Card Industry Data Security Standard (PCI DSS). Your bank or card statement will reflect "Paystack" or a similar descriptor as the processor.

By making a payment, you also agree to the payer terms of Paystack, available at https://paystack.com/terms. In the event of any conflict between Paystack's payer terms and these Terms in respect of the technical processing of your payment, Paystack's terms prevail to the extent of that conflict. These Terms govern the underlying sale of the Services.

VAT and taxes. Bindyl is currently not registered for South African Value-Added Tax (VAT) because its taxable turnover is below the compulsory registration threshold under section 23(1) of the Value-Added Tax Act, No. 89 of 1991. Prices displayed on the Platform are inclusive of all amounts payable; no VAT is charged. We will register for VAT and update these Terms and the Platform's pricing accordingly if and when our turnover exceeds the statutory threshold. Paystack does not collect or remit VAT on Bindyl's behalf.

Bindyl does not store or have access to your full payment card details. Card data is collected and processed directly by Paystack under its own security controls.

7.2 One-Time Fees

Fees for the "Verified" badge and the "Pro" upgrade are one-time, non-recurring charges. These are not subscriptions and do not renew automatically. The Service is deemed "delivered" immediately upon the successful application of the Verified badge or Pro status to your Account.

The current prices are R40 for Verified and R80 for Pro, payable in South African Rand (ZAR). The price applicable to your purchase is the price displayed on the Platform at checkout immediately before you confirm the transaction, which prevails in the event of any inconsistency with the prices listed in these Terms. Bindyl is not currently a VAT vendor; no VAT is added to the listed prices. We will update these Terms if our VAT status changes.

Verified must be purchased before Pro (sequential unlock). Both are permanent status upgrades for the lifetime of your Account.

We may change prices at any time. Price changes will be communicated at least seven (7) days in advance and will not affect completed purchases.

7.3 Refunds and Cooling-Off Rights

Your statutory rights under the Consumer Protection Act, No. 68 of 2008 ("CPA") and ECTA are preserved.

ECTA section 44 cooling-off period: You have seven (7) calendar days to cancel an electronic transaction. However, because the Verified badge and Pro status are digital services performed immediately upon payment, we will request your express consent to immediate performance at the point of purchase. By providing this consent, you acknowledge that the cooling-off period will not apply once the digital service has been rendered.

CPA section 16 cooling-off period: If your purchase qualifies as a "direct marketing" transaction under the CPA, you have five (5) business days to cancel without penalty. The immediate-performance exception applies as above.

Refunds: Bindyl handles all refund requests directly. Refunds are assessed in accordance with your statutory rights under the CPA and ECTA, the cooling-off provisions above, and the failed-verification provisions in clause 6.4. If a technical error results in payment being processed but the corresponding Service (Verified badge or Pro status) not being applied to your Account, you must notify us at support@bindyl.com within seven (7) days of the transaction. Approved refunds are returned to the original payment method via Paystack and typically reflect within 5 to 10 business days, subject to your bank's processing times.

7.4 Transaction Review

Before completing any purchase, you will be given the opportunity to review and confirm the transaction details, including the Service being purchased, the total price payable in ZAR, and these Terms, in accordance with ECTA section 20.

7.5 Pre-Launch Waitlist Promotion

Bindyl operates a pre-launch waitlist offer for early supporters ("Waitlist Promotion"). The terms below apply:

(a) Eligibility and cap. The first four hundred (400) unique email addresses submitted via the Bindyl landing-page waitlist form, in order of submission, qualify for the Waitlist Promotion. Submissions beyond the 400-entry cap do not qualify.

(b) Benefit. Qualifying entrants receive, at no charge: (i) the Verified status (the R40 verification fee is waived) and (ii) lifetime Pro status on their Account. Identity verification through Didit, including the biometric checks described in clause 6, remains a mandatory condition of the Verified status. Only the fee is waived; the verification process itself is not.

(c) Grant and matching. The benefit is granted automatically when the entrant creates a Bindyl Account using the same email address submitted to the waitlist and successfully completes identity verification. If the sign-up email does not match a waitlist entry, no benefit is granted. We will not retroactively match a different email address used at sign-up to a waitlist entry, save at our sole discretion.

(d) Non-transferable. The benefit is personal to the qualifying entrant and the matched email address. It may not be sold, transferred, gifted, or assigned to another person.

(e) Sunset. The Waitlist Promotion closes automatically when the 400-entry cap is reached or on a date announced on the Platform, whichever occurs first. Unredeemed benefits expire twelve (12) months after the Platform's public launch date, after which the corresponding Account will revert to standard (unpaid) status unless the User purchases Verified or Pro in the ordinary course.

(f) Anti-fraud. Bindyl may, acting reasonably, disqualify any entry or revoke any benefit where we identify duplicate sign-ups, automated submissions, use of disposable or generated email addresses, impersonation, or other conduct intended to abuse the Waitlist Promotion. Any such determination by Bindyl is subject to the appeals process in clause 13, and to your statutory rights under the CPA and ECTA.

(g) Modification or withdrawal. Bindyl may modify or withdraw the Waitlist Promotion at any time before benefits have vested, with notice on the Platform. Benefits already granted to qualifying entrants will be honoured in accordance with paragraph (e).

7.6 Chargebacks and Payment Reversals

If you initiate a chargeback, payment reversal, or dispute with your bank or card issuer in respect of a purchase from Bindyl, you must first contact us at support@bindyl.com so we can attempt to resolve the issue directly. If a chargeback is initiated without prior contact and is later found to be unjustified, or while a chargeback is under investigation:

  • Bindyl may suspend the affected Account and revoke any Verified or Pro status that was granted for the disputed transaction, pending resolution;
  • Bindyl may recover from you any reasonable bank, gateway, or administrative fees actually incurred as a result of the chargeback (currently capped at a maximum of R150 per chargeback); and
  • if the chargeback is upheld by your bank in your favour, no further fee will be charged and your Account status will be restored to the position it would have held had the chargeback not occurred (less the amount refunded by your bank).

Nothing in this clause limits your rights under section 54 of the CPA, your rights under chapter VII of ECTA, or your right to lodge a complaint with the Payments Association of South Africa (PASA) or the Ombudsman for Banking Services.

8. USER CONTENT AND LICENCE

You retain ownership of your User Content.

You grant Bindyl a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, and technically modify User Content solely to operate, maintain, and improve the Platform. "Improve" for these purposes is limited to (i) bug-fixing, performance, security, and feature development of the Platform; and (ii) improvements to the matching algorithm and Compatibility Scores using only aggregated or anonymised data from which you cannot reasonably be re-identified.

For the avoidance of doubt, Bindyl will not use your User Content to train, fine-tune, or evaluate generative artificial-intelligence or large-language-model systems, whether our own or those of any third party, without your separate, express, opt-in consent obtained at the time. This licence does not extend to selling, reselling, or commercially exploiting your content for purposes unrelated to Platform operation.

This licence terminates upon deletion of the content or your Account, subject to:

  • lawful retention obligations (e.g., moderation records, legal proceedings); and
  • cached or archived copies that are automatically deleted in the ordinary course of Platform operation.

9. PROHIBITED CONDUCT

Users may not:

9.1 General Misconduct

  • submit false, inaccurate, or misleading information, including in the lifestyle questionnaire to manipulate matching results;
  • harass, stalk, threaten, intimidate, or abuse other Users, whether via messaging, profiles, or any other Platform feature;
  • impersonate any individual or entity, or misrepresent student, professional, or other status;
  • create multiple Accounts to manipulate the matching pool or bypass a ban or suspension;
  • solicit unlawful payments, including "holding deposits" or application fees for non-existent properties;
  • upload illegal, infringing, obscene, violent, or harmful content, including profile or room photos containing nudity, violence, or illegal substances; or
  • upload photographs, video, audio, or other content depicting or identifying any third party (including landlords, current or former co-occupants, neighbours, or visitors) without first obtaining that person's informed consent to their image, voice, or identifying details being shared on the Platform. By uploading such content, you warrant that you have obtained the necessary consents under POPIA and that you are authorised to grant Bindyl the licence in clause 8 in respect of those third parties.

9.2 Housing and Discrimination

  • post roommate preferences or room listings that discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language, or birth, in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 ("PEPUDA") and the Rental Housing Act, No. 50 of 1999;
  • sub-lease or list a property without the legal authority to do so or without the landlord's explicit written permission; or
  • advertise commercial ventures, including multi-level marketing (MLM) schemes, professional apartment complex listings, or estate agency services.

9.3 Platform Integrity

  • use automated scripts, bots, data scrapers, or similar tools to harvest User data, lifestyle preferences, compatibility scores, or other Platform content;
  • circumvent identity verification (Didit), payment processing, or other security protocols;
  • post personal contact information (phone numbers, email addresses, or social media handles) in public profile sections, biographies, or room descriptions;
  • attempt to reverse-engineer, decompile, or disassemble Platform software, except as permitted by applicable law;
  • interfere with Platform security features, rate limits, or access controls; or
  • use the Platform for any commercial purpose not expressly authorised by Bindyl.

10. SHARED HOUSING AND GENDER PREFERENCES

The Platform allows Users to specify a gender preference for roommates. This preference is permitted only where the accommodation involves shared intimate living areas such as bathrooms, bedrooms, kitchens, or lounges, as a measure to protect the privacy, modesty, and bodily integrity of the inhabitants, in accordance with the limitations recognised under PEPUDA and the Rental Housing Act.

Users acknowledge that specifying a gender preference for self-contained dwellings or standalone units where no living space is shared constitutes unfair discrimination and is a violation of the Rental Housing Act, PEPUDA, and these Terms.

By using the Platform's filtering or matching tools to specify a gender preference, the User warrants that the listing or search involves shared facilities and agrees to indemnify the Company against any claims of unfair discrimination arising from the User's listing criteria or preferences.

Bindyl reserves the right to remove any listing or restrict any preference filter that, in its reasonable opinion, constitutes unfair discrimination.

11. COMMUNICATION CONDUCT

When using the Platform's messaging features, Users must:

  • communicate respectfully and in good faith;
  • not share personal contact details (phone numbers, email addresses, social media handles) within messages until both parties have mutually agreed to move communication off-platform;
  • not send unsolicited commercial messages, advertisements, or spam;
  • not solicit money, gifts, or personal financial information from other Users; and
  • not use messaging to harass, threaten, stalk, or intimidate other Users.

Messages are subject to rate limiting (to prevent abuse) and may be reviewed in connection with moderation of reported content. Bindyl does not routinely monitor message content but reserves the right to do so in response to reports of misconduct.

11A. MUTUAL CONTACTS (PRO FEATURE)

11A.0 Availability

Mutual Contacts is a planned Pro feature. The terms below describe how it will work, but they only become operative once the feature is enabled in your Account settings. Until you see the Mutual Contacts toggle inside your Account and actively switch it on, no contact information of yours or of any person in your address book is processed by Bindyl under this clause. If the feature is materially changed before launch, we will update this clause and notify you under clause 3.

11A.1 What the feature does

"Mutual Contacts" is an optional Pro feature that shows you whether you and another User already share contacts (for example, common friends or acquaintances), to help you assess potential matches. The feature operates only with your express, opt-in consent, given inside the Platform at the time you first enable it. You may disable the feature at any time in your Account settings.

11A.2 Data minimisation

We deliberately minimise the personal information involved in this feature:

  • Hashing. Your device computes a one-way cryptographic hash of each phone number and email address in your address book before any data is transmitted to Bindyl. Bindyl does not receive or store the underlying plaintext phone numbers or email addresses of your contacts.
  • Intersection only. Bindyl compares hashes against the hashes generated from other consenting Users' contact lists to identify overlaps. No contact information about a person who is not a Bindyl User is retained beyond the hash needed to perform the intersection.
  • No display of third-party identities. The feature surfaces only the existence of overlap with another Bindyl User; it does not reveal the names, numbers, or email addresses of any individual contact to either party.
  • Deletion. Contact hashes are deleted on disabling the feature and on closure of your Account, and refreshed (rather than accumulated) on each sync.

11A.3 Legal basis under POPIA

In respect of your own contact information processed through this feature, the legal basis for processing is your consent under POPIA section 11(1)(a).

In respect of the personal information of third parties contained in your address book, you warrant that you are entitled to share that information with Bindyl for the limited purpose described in this clause. Bindyl processes such information on the basis of:

  • section 11(1)(a) (consent, given by you as the User to whom the address book belongs and who controls it);
  • section 13 (specific, explicitly defined and lawful purpose, namely identifying mutual contacts between consenting Bindyl Users); and
  • section 15 (further processing limited to the original purpose and to operating the matching function),

read with the minimisation requirement in section 10 and the responsible-party safeguards in section 19.

11A.4 Retention and rights

Contact hashes are retained only for as long as the feature is enabled on your Account. They are not used for advertising, sold, or shared with third parties. A non-Bindyl-User contact whose hashed identifier has been intersected may exercise any rights afforded to them under POPIA by contacting our Information Officer at support@bindyl.com, and we will respond as required by law.

11A.5 Disabling the feature

You may withdraw consent and disable Mutual Contacts at any time from your Account settings, in which case all contact hashes associated with your Account are deleted within seven (7) days.

12. MATCHING, ALGORITHM, AND COMPATIBILITY DISCLAIMERS

12.1 No Guarantee

Compatibility Scores and Matches are indicative only. Bindyl does not guarantee outcomes, suitability, safety, or the accuracy of any Match or Compatibility Score. Users must independently verify all information about potential roommates, properties, and lease terms.

12.2 Algorithm Transparency

Match rankings may be influenced by factors including, but not limited to:

  • your questionnaire responses and stated preferences;
  • geographic proximity;
  • verification status (Verified Users may receive a visibility boost);
  • subscription tier (Pro Users may receive a visibility boost);
  • profile completeness and recency of account activity; and
  • a randomised component to ensure fair exposure.

Paid features (Verified, Pro) may increase your visibility in other Users' discovery feeds. This does not guarantee Matches or that other Users will interact with your profile.

12.3 Lifestyle Data

Your lifestyle questionnaire responses are personal information processed for the purpose of calculating Compatibility Scores and generating Matches. This processing is necessary for the performance of our contract with you. You may update your responses at any time via your profile settings.

13. MODERATION AND REPORTING

Users may report misconduct via in-app reporting tools or by email to support@bindyl.com. Bindyl may remove content, restrict features, or suspend Accounts pending investigation.

Appeals: You may submit an appeal within fourteen (14) days of any enforcement action (content removal, suspension, or ban) by contacting support@bindyl.com. Appeals will be reviewed and a response provided within a reasonable time.

All moderation actions are logged for audit purposes.

14. TERMINATION

14.1 Termination by Bindyl

We may suspend or terminate your Account for breach of these Terms, fraud, illegal conduct, or activity that endangers other Users or the integrity of the Platform. Where practicable, we will provide notice and reasons for termination, except where immediate action is required for safety or legal compliance.

14.2 Termination by You

You may terminate your Account at any time through the Platform's settings. Upon termination, your profile will be removed from the matching pool and your personal information will be deleted in accordance with clause 16 and our Privacy Policy, subject to lawful retention requirements.

14.3 Effect of Termination

Refund entitlements, if any, on termination will be determined by Bindyl in accordance with your statutory rights under the CPA and ECTA and our refund process in clause 7.3. One-time purchases (Verified, Pro) are non-refundable after the Service has been rendered, subject to the cooling-off rights described in clause 7.3.

Clauses that by their nature should survive termination (including liability limitations, indemnification, intellectual property, and dispute resolution) will survive termination of these Terms.

15. INTELLECTUAL PROPERTY

All Platform intellectual property — including source code, databases, functionality, software, website designs, text, photographs, graphics, trademarks, service marks, and logos — remains the exclusive property of Bindyl or its licensors.

You are granted a non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial use, subject to these Terms.

Any unauthorised reproduction, distribution, modification, or exploitation of Platform intellectual property constitutes a material breach of these Terms.

16. PRIVACY, DATA PROTECTION, AND CROSS-BORDER TRANSFERS

16.1 General

Personal information is processed in accordance with our Privacy Policy and POPIA. By using the Platform, you acknowledge that you have read the Privacy Policy.

16.2 Information Officer

The designated Information Officer for purposes of POPIA is:

Name: Markus Taljaard Email: support@bindyl.com Address: 4 Louw St, Stellenbosch, Western Cape 7600, South Africa

16.3 Data Subject Rights

Under POPIA, you have the right to:

  • request access to your personal information (s23);
  • request correction of inaccurate personal information (s24);
  • request deletion of your personal information (s24);
  • object to the processing of your personal information (s11(3)); and
  • lodge a complaint with the Information Regulator.

To exercise these rights, contact the Information Officer. We will respond within a reasonable time as required by POPIA.

16.4 Cross-Border Data Transfers

To provide the Services, your personal information may be transferred to and processed in jurisdictions outside the Republic of South Africa. Our current operators (processors) and the jurisdictions in which they process personal information are:

  • Convex (database and backend hosting) — United States of America;
  • Clerk (authentication and user management) — United States of America;
  • Didit (identity verification, including biometric checks) — European Union;
  • Paystack (payment processing) — Republic of South Africa;
  • Vercel (web application hosting and content delivery) — United States of America; and
  • Mapbox (maps and geocoding) — United States of America.

This list reflects our current processor stack and may change. Material changes to processors or transfer destinations will be disclosed in the Privacy Policy and, where required by law, by direct notice to you.

In accordance with POPIA section 72, such transfers will only occur where:

  • you have provided consent;
  • the transfer is necessary for the performance of our contract with you;
  • the recipient is subject to law, binding rules, or a contract that provides an adequate level of protection substantially similar to POPIA; or
  • the transfer is for the benefit of the data subject.

We maintain written Data Processing Agreements with our key operators (processors) that include obligations regarding confidentiality, security, data deletion, and audit rights.

16.5 Breach Notification

In the event of a security compromise involving your personal information, we will notify you and the Information Regulator as soon as reasonably possible, in accordance with POPIA section 22.

16.6 Account Deletion and Data Portability

You may request deletion of your Account and associated personal information at any time via the Platform's settings or by contacting the Information Officer. Upon receiving a valid deletion request, we will remove your personal information within thirty (30) days, subject to lawful retention requirements (e.g., payment records for tax compliance, moderation records for legal proceedings).

17. PLATFORM DISCLAIMER

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BINDYL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Bindyl does not warrant that:

  • the Platform will be available, uninterrupted, secure, or error-free;
  • Compatibility Scores, Matches, or User information will be accurate, complete, or reliable;
  • any defects will be corrected; or
  • the Platform is free of viruses or harmful components.

Security disclaimer: While we implement commercially reasonable security measures (including encryption, access controls, and rate limiting), no internet-based service can guarantee absolute security. The Platform's security features are provided on an "as-is" basis.

You use the Platform at your own risk and are solely responsible for any decisions made based on information obtained through the Platform, including decisions regarding roommates, properties, and living arrangements.

Nothing in this clause excludes liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Bindyl's total aggregate liability to you for any and all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the greater of:

(a) the total fees paid by you to Bindyl for the Services in the preceding twelve (12) months; or

(b) ZAR 5,000 (five thousand South African Rand).

This limitation applies to all claims, whether based on contract, delict (tort), statute, or any other legal theory.

Nothing in these Terms limits or excludes liability for:

  • gross negligence or wilful misconduct;
  • fraud or fraudulent misrepresentation;
  • death or personal injury caused by our negligence; or
  • any liability that cannot be limited or excluded under the CPA, POPIA, or other applicable South African law.

19. INDEMNIFICATION

You agree to indemnify and hold Bindyl harmless from losses, damages, liabilities, claims, and expenses (including reasonable legal fees actually incurred) arising directly from any of the following acts or omissions on your part:

  • your intentional misconduct, fraud, or fraudulent misrepresentation;
  • your unlawful conduct on or through the Platform, including violations of POPIA, the CPA, PEPUDA, the Rental Housing Act, or the Films and Publications Act;
  • any discriminatory listing, search filter, or preference you post in contravention of clause 10;
  • your upload to the Platform of content depicting or identifying a third party in breach of clause 9.1, including any POPIA complaint or claim brought by that third party;
  • your circumvention of identity verification, payment processing, or other security protocols in breach of clause 9.3; and
  • any third-party claim that User Content you submitted infringes intellectual-property rights or constitutes defamation.

This indemnity does not require you to indemnify Bindyl for losses caused by Bindyl's own negligence, wilful misconduct, or breach of statutory duty. Bindyl will promptly notify you of any claim for which it intends to seek indemnification, and will not settle any such claim without your prior written consent (not to be unreasonably withheld).

20. USER DATA RESPONSIBILITY

You are solely responsible for all data that you transmit to or through the Platform, and for any activity undertaken using your Account. While we perform regular data backups, we shall not be liable for any loss or corruption of User data that is beyond our reasonable control.

You are encouraged to maintain your own copies of important information shared through the Platform.

21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1 Governing Law

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

21.2 Consumer Disputes

If you are a consumer as defined in the CPA, you retain the right to approach any South African court of competent jurisdiction, the National Consumer Commission, the National Consumer Tribunal, or any applicable industry ombud or alternative dispute resolution mechanism.

21.3 Non-Consumer Disputes

Disputes that do not fall within the CPA consumer protections may, at the election of either party, be referred to arbitration in Cape Town under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in English before a single arbitrator. Nothing in this clause prevents either party from approaching a South African court of competent jurisdiction for urgent interim relief, an interdict, or other injunctive relief, including (without limitation) to prevent or restrain infringement of intellectual-property rights, breach of confidentiality, or an ongoing security compromise. An application for such relief is not a waiver of either party's right to require that the substantive dispute proceed to AFSA arbitration.

21.4 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally by written notice to the other party, allowing thirty (30) days for good-faith negotiation.

22. ASSIGNMENT AND CORPORATE RESTRUCTURING

The User acknowledges that the Platform is currently operated by Markus Taljaard as a sole proprietor trading as Bindyl. The Company reserves the right to assign, cede, delegate, or transfer any or all of its rights and obligations under these Terms to a successor legal entity (including, but not limited to, a newly registered Private Company / Pty Ltd) or in connection with a merger, acquisition, or sale of assets, provided that the successor entity assumes equivalent obligations.

Upon such transfer, and with effect from the transfer date, the successor entity will assume all rights and obligations of Bindyl under these Terms. Your statutory rights, and any claims that have accrued to you against Markus Taljaard trading as Bindyl in respect of acts, omissions, or matters arising before the transfer date, are unaffected by the transfer and remain enforceable against the original proprietor. Your continued use of the Services after the transfer date constitutes acceptance of the successor entity as the contracting party for ongoing performance of the Services.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

23. FORCE MAJEURE

Bindyl shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, load-shedding, power outages, internet or telecommunications failures, government actions, pandemic, civil unrest, or failure of third-party service providers (including Paystack, Didit, Clerk, Convex, Vercel, Mapbox, or other hosting and infrastructure providers).

24. MISCELLANEOUS

These Terms constitute the entire agreement between you and Bindyl regarding the Platform. If any provision is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be interpreted to reflect the parties' original intent to the extent permitted by law.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Notices may be sent electronically to the email address associated with your Account. Notices to Bindyl must be sent to support@bindyl.com.

25. CONTACT DETAILS

Bindyl Markus Taljaard trading as Bindyl 4 Louw St Stellenbosch, Western Cape 7600 South Africa

Phone: (+27) 71 227 7143 Email (all enquiries, abuse reports, privacy requests): support@bindyl.com Website: https://www.bindyl.com

By using the Platform, you acknowledge that you have read, understood, and agree to these Legal Terms.