SMART RENT'S TERMS OF SERVICE
1. TERMS OF SERVICE
This platform is made available to you by Smart Rent Nigeria upon your unconditional concession to the terms and conditions as may be improved on and amended from time to time. The terms and conditions, user policies, refund policy and legal implications set out below apply to every person (natural or legal) who uses, accesses, refers to or views this platform (whether the web version or the App version). Your access to or the use of the platform hereby constitutes your agreement to and the acceptance of these terms and conditions, user policies, refund policy and legal implications. Smart Rent is thereby not liable for your unauthorised usage of the platform, in whichever form.
1.1. User Policies:
The term ‘USER’ with respect to Smart Rent includes ‘prospective’ tenants, landlords, agents, lessors, and every other category of persons making use of our platform (whether web or mobile) for services we render. However, Smart Rent considers one a user, after registering with the platform, using the Login/Register options. Therefore, anyone who is only surfing our site without having an already created account with us, does not fall into this category.
- Users are thereby ENTIRELY liable and responsible for the details they provide, signing up/in with Smart Rent.
- Users are ENTIRELY liable and responsible for wrong use or entry of sign up/in details.
- In cases where ‘forgotten password’ cannot be used to retrieve an already registered account, Smart Rent shall not be held liable in any way.
- Smart Rent shall not be liable in any way in instances where a User is unable to access his/her account as a result of infiltration (whereby the user uses one email address for more than one account).
- Users’ personal details are expected to be safeguarded by them as Smart Rent has no interest in them nor shall Smart Rent be expected to provide them in cases of lost details, upon completion of every transaction.
- Smart Rent shall not be liable in whatever manner for the use of the platform against the primary and supposed use of it.
Nonetheless, the term ‘Users’ is broadly classified into two:
- Landlords (or Agents)
- Tenants
1.1.1 LANDLORDS:
A landlord is an owner of a property ready for a rent out, either by himself or through his agent. A person only qualifies to be so called upon proper profiling; choosing the expected 'role' and subsequent approval by Smart Rent Team, and the gender of the person is of no concern.
1.1.2. Landlords/Agents Profiling:
To register with Smart Rent as a Landlord or Agent, the person shall provide Smart Rent with his or her National Identification Number (NIN), mobile number, verifiable contact address, Bank Details (without any names disparity with what the NIN reads) and the person must choose the appropriate ‘role’ before submitting the application.
- The Landlord or Agent is solely liable for wrong personal details provided during profiling which necessitates not being able to be profiled or denial of attendant benefits.
- The Landlord or Agent is solely liable for inconsistency of details provided Smart Rent at the point of profiling.
- Smart Rent reserves the absolute right of approving or rejecting any application through the use of ‘face/live verification’ test.
- Smart Rent shall not be liable in any way with respect to rejection of application for profiling as it concerns unrecognisable or blurry faces during the face/live test.
- Smart Rent retains the personal details of the Landlord or Agent for the purposes of transacting business with them so far they have ‘PROPERTY’ enlisted in its platform and nothing more, and thereby shall not be liable upon any Landlord or Agent’s claim of unauthorised use or damage.
- The Landlord or Agent shall be liable for the basic amenities or features provided in a property upon listing, which the tenant finds otherwise.
- The Landlord or Agent shall be liable for every case of misrepresentation made at the time of listing a property for rental with Smart Rent.
N/B: ‘Property’ as used above refers only to ‘built-to-completion’ buildings, ready from all indication for rental purposes, whether for residential or commercial purpose.
1.1.3. Listing of properties by Landlords or Agents
Upon terms and haven been profiled as a Landlord or Agent, properties can thereby be enlisted on the Smart Rent platform, subject to approval by the Smart Rent’s team.
- The Landlord or Agent shall ensure he has the absolute title over the property to be listed for rental.
- The Landlord or Agent shall accept before submitting an application to list a property, to pay the Agreement fee of two thousand naira (#2,000) only, to be charged off the Annual Rent in favour of Smart Rent.
- The Landlord or Agent thereby accepts to receive as Annual Rent an amount less the Agreement fee provided in (ii) above.
- The Landlord or Agent shall ensure the property to be listed for any purpose is within the purpose with which Town Planning Laws have designated those locations.
- The Landlord or Agent shall be as precise as possible in his description of the property.
- The Landlord or Agent shall provide accurate and identifiable location of the property.
- The Landlord or Agent shall be exact in stating the price or the rental value (amount) of the property being enlisted.
- The Landlord or Agent shall state in exact and precise qualities the specifications of the property being enlisted for rental.
- The Landlord or Agent shall state all available basic amenities within the said property.
- The Landlord or Agent shall ensure the property is habitable, in case of residential purposes.
- The Landlord or Agent shall ensure property is free from family and communal disputes, or any dispute of any sort.
- To ascertain accuracy of property, Landlord or Agent shall attach a Google map description of the property being enlisted for rental.
- The Landlord or Agent shall not under any circumstance let out any property with respect to which a tenant has paid, issued with a receipt and rental period still subsisting.
- Anything short of, or contrary to the above expectations of the Landlord or Agent, Smart Rent shall not be liable.
1.2. TENANTS:
A tenant within the definition of our services is any person who has signed up with Smart Rent and has chosen the ‘TENANT’ role as expected.
- The tenant is solely responsible for information provided during sign up processes.
- The Tenant shall accept as a term, the payment of an additional 3% of the Annual Rent in favour of Smart Rent as a Service charge, to be paid once, before access to Landlord or Agent’s contact details would be granted the Tenant.
- The tenant upon signing up to use Smart Rent accepts ALL Smart Rent’s terms and conditions.
- Smart Rent shall not be liable for any tenant’s use of the platform other than its supposed use.
- Smart Rent shall not be responsible for the tenant’s choice of property which may turn out not to suit expectations.
- Smart Rent shall not be liable for tenant’s inability to confirm account details of Landlord or Agent before making any payment.
- Smart Rent shall not be liable to any Tenant who makes part payment and is therefore unable to access the property nor the contact details of the Landlord or Agent.
- Smart Rent shall not be liable for any payment made of any property by a tenant to a wrong account.
- Smart Rent shall not be responsible for any payment made outside the account details provided in Smart Rent’s platform.
- Smart Rent shall not be responsible for any obvious defect in any property which ordinarily would have been noticed by tenant during inspection of the property.
- The Tenant shall be liable for any unauthorised use of the property against the purpose for which it was rented out.
- The Tenant shall be financially liable to Smart Rent for the inability to confirm property within a reasonable time and then asking for a refund.
- The tenant without the consent and authorisation of the Landlord shall not sublet the whole or any part of the property.
- Anything short of, or in contrary to the above expectations of the Tenant, Smart Rent shall not be liable.
2. RESERVED POWERS OF SMART RENT NIGERIA
Every user of Smart Rent upon signing up with the platform recognises the team’s power to the following:
- Smart Rent has the absolute right of accepting or rejecting an application to list a property on its platform without any culpability, whatever is the reason.
- In case of (i) above where it is about rejection, Smart Rent is not obliged to inform the Landlord or Agent of the reason.
- Smart Rent has the absolute right of contacting Landlords or Agents through its customer care personnel to confirm the authenticity or otherwise of the features of a property submitted for listing.
- Smart Rent has the absolute right to make the Landlord or Agent’s contact details unavailable to the Tenant until he books a property and makes a FULL payment for the said apartment.
- Smart Rent has the absolute right to hold the Tenant’s payment in escrow for the period of 48 hours within which Tenant is expected to have made contacts with Landlord or Agent to check out the property.
- Smart Rent has the absolute right of charging two thousand naira (#2,000) only as an ‘Agreement Fee’ off the Annual rent of the Landlord or Agent before crediting the Landlord or Agent the Annual rent, less the Agreement Fee.
- Smart Rent has the absolute right to deny anyone access to its platform having been found registering multiple accounts or infiltrating the platform.
- Smart Rent has the absolute right to dispose of a user’s data upon the completion of its transaction, subject to its discretion and in accordance with Data Protection Regulations.
- Except upon the request of a Tenant to a Landlord or Agent for a further receipt, Smart Rent has the absolute right of issuing a Tenant with a payment receipt for a property secured.
4. SERVICE CHARGE
The users of the Smart Rent platform thereby accept the following service charge agreement:
4.1. Charge for the Landlord or Agent
- The Landlord or Agent upon submitting an application for the listing of a property shall accept the term for the payment of two thousand naira (#2,000) only, in favour of Smart Rent.
- The said (#2,000) is the ‘Agreement Fee’ charged by Smart Rent on the Landlord or Agent.
- The Agreement fee provided for in (i) above shall be charged off the Annual rent of the Landlord or Agent.
- The Landlord or Agent therefore contracts to receive as Annual rent, an amount less the Agreement fee provided for in (i) above.
- The breach of anyone of the terms above shall not be enforceable against Smart Rent.
4.2. Charge for the Tenant
- The Tenant upon making his choice of a property accepts to make in favour of Smart Rent, an additional payment of 3% of the Annual rent.
- The said 3% provided for in (i) above is the ‘service charge’ of Smart Rent on the Tenant.
- The service charge is a ‘one-time payment’ made by the Tenant, alongside the Annual rent.
- The payment of the service charge plus the Annual rent validates Tenant’s claim for the contact details of the Landlord or Agent and the inspection of a property.
- The breach of anyone of the terms above shall not be enforceable against Smart Rent.
N/B: ‘One-time payment’ as used in (iii) above means that both the service charge and the Annual rent shall be paid at the same time by the Tenant, against which Smart Rent shall not be liable in any form.
11. COPYRIGHT AND TRADEMARKS
11.1. Except as expressly stated in these Terms and Conditions:
- SmartRent Naija, together with its licensors, owns and controls all copyright and other intellectual property rights in the SmartRent Naija platform (website, mobile application, and related services) and in the material published on them; and
- all such copyright and intellectual property rights are strictly reserved.
11.2. The SmartRent Naija name, logos, and all other registered and unregistered trademarks, service marks, product names, and trade names appearing on our platform are the property of JC TechTrend Innovative Ltd.
11.3. No user or third party is permitted to copy, reproduce, modify, distribute, display, or otherwise use any of our trademarks, brand elements, or copyrighted material without our prior written consent.
11.4. Unauthorized use of our intellectual property may constitute infringement and will be subject to legal action under applicable laws.