INTRODUCTION 1.1. These Terms of Service (“Terms”) are a binding legal agreement between you and RentAll that governs your right to use the website, applications, and other offerings from RentAll (collectively “the RentAll platform”). 1.2. Reference to “RentAll”, “we”, “us”, or “our” refers to the RentAll entity with whom you are contracting. 1.3. The RentAll Platform offers an online venue that enables subscribers to publish, offer, search for, and book equipment. Subscribers who publish and offer services are “owners” and Subscribers who search for, book, or use services are “users.” 1.4. Owners offer equipment for temporary, limited use by users (collectively “services”). 1.5. You must register an account to access and use the features provided by the RentAll Platform, and must keep your account information accurate. 1.6. As the provider of the RentAll Platform, RentAll does not own, control, offer or manage any services. 1.7. RentAll is not a party to the contracts entered into directly between owners and users, nor is RentAll a managing agent or insurer. 1.8. RentAll is not acting as an agent in any capacity for any Subscriber, except as specified in the Payment Terms (clause 15). 1.9. If you are an owner, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third partis that apply to your services.
DEFINITIONS 2.1. “Agreement” means the agreement entered into between subscribers and RentAll in terms of these terms of service. 2.2. “Booking Modification” means any change made to a reservation by agreement between the user and owner. 2.3. “Content” means any images or videos uploaded to the RentAll platform. 2.4. “Fees” means the fees due and owing by subscribers and contemplated in RentAll’s fee structure. 2.5. “Listing” means the advertisement of a service on the RentAll platform that is available for reservation by users. 2.6. “Owners” means those subscribers who offer services to users. 2.7. “Payment Method” means the type of payment option used by users when reserving a service including, but not limited to, payment by credit card, debit card or electronic funds transfer. 2.8. “RentAll” means RENTALL BY ORIGEN SOLUTIONS (PTY) LTD (REGISTRATION NUMBER: 2022/325379/07), a private company, duly incorporated and registered in accordance with the company laws of The Republic of South Africa. 2.9. “Reservation” means the confirmed booking for a service by a user and the contract entered into between the user and owner. 2.10. “Reservation period” means the period and duration for which an owner and user agree to use a service. 2.11. “Service” means any equipment provided by an owner for temporary, limited use by users. The use of the word “service” and “equipment” in these terms connotes the same meaning. 2.12. “Subscribers” means any person who subscribes to the RentAll platform and, by doing so, consents to these terms of servce. 2.13. “Terms of Service” means these terms of service listed below. 2.14. “Users” means those subscribers who search for, book, reserve or use the owner’s services. 2.15. “Use date” means the first day of the reservation period that the user is entitled to use the service.
BOOKINGS 3.1. As a user, you warrant that: 3.1.1. you agree to pay all charges for your booking, including the listing price, service fees, taxes and any other fees associated with RentAll’s fee structure (provided on the website); 3.1.2. you agree that RentAll may charge the Payment Method used to book the service in order to collect any damages (further defined in clause 13 below) arising from the user’s use of the service; 3.1.3. upon receipt of the booking confirmation, a contract for services (“a reservation”) is immediately entered into between you and the owner; 3.1.4. you are responsible for complying with all the terms of the reservation, including without limitation, the cancellation policy (clause 5 below), and any other rules, standards, policies, or requirements identified in the service or during checkout that apply to the reservation; 3.1.5. you have read and understood these rules, standards, policies, and requirements prior to booking a service. 3.2. Users and owners are responsible for any booking modification they agree to make via the RentAll platform and agree to pay any additional amounts, fees, or taxes associated with any booking modification.
RESERVATIONS 4.1. A reservation constitutes a rental agreement for services entered into between the owner and user; 4.2. The owner is responsible for delivering the service under the terms and at the price specified in the owner’s listing; 4.3. The owner retains the unilateral right to re-claim possession of the service, in a manner consistent with the applicable law, in the following circumstances: 4.3.1. When the user uses the services in a manner that constitutes gross negligence and an intention to cause damage to any equipment; an 4.3.2. The user uses the service for a period longer than the reservation period and in a manner not contemplated by the reservation. 4.4. The owner retains the right to impose reasonable penalties for any failure to return the service at the expiry of the reservation period. 4.5. Owners agree to pay applicable fees and taxes associated with each reservation.
CANCELLATIONS 5.1. If a user cancels a reservation, unless otherwise specified and agreed to between the parties, the following refund policy will apply: 5.1.1. If a user cancels a reservation more than 30 days before the use date, the user will be refunded 100% of the owner’s price; 5.1.2. If a user cancels a reservation between 7 and 30 days before the use date, the user will be refunded 50% of the owner’s price; 5.1.3. If a user cancels a reservation less than 7 days before the use date, the user will receive no refund; and 5.1.4. If a user cancels a reservation within 48 hours of booking the reservation, the user will receive a full refund unless the reservation occurs less than 7 (seven) days before the use date. 5.2. If an owner cancels a reservation, the user will be entitled to a refund proportional to the duration of use of the service. For example, if a user books a service for five days and an owner cancels a reservation after two days of use, the user will be entitled to a 60% refund.
RESPONSIBILITIES 6.1. Users are responsible and liable for the following: 6.1.1. their own acts and omissions; 6.1.2. the acts and omissions of anyone they invite (“invitees”) to join or provide access to any service; 6.1.3. returning the service in the same condition in which it was provided to the user; 6.1.4. paying all reasonable amounts necessary to cover damage that the user or its invitees; and 6.1.5. investigating an owner’s service to determine whether it is suitable for the user. 6.2. Users acknowledge that many services carry inherent risks and agree that, to the maximum extent permitted by applicable law, users assume the entire risk arising out of the use of services or interaction with other users whether in person or online. 6.3. Owners are responsible and liable for the following: 6.3.1. ensuring the listing of their service includes complete and accurate information, the owner’s price and any other charges associated with the service; 6.3.2. ensuring the information about the service is up-to-date and accurate at all times; 6.3.3. obtaining any insurance or policy for their service; 6.3.4. only having one listing per service; 6.3.5. understanding and complying with any laws, rules, regulations and contracts with third parties that apply to an owner’s listing or service; 6.3.6. an owner’s acts and omissions and anyone the owner allows to participate in providing an owner’s service; 6.3.7. describing any and all fees and charges in the owner’s listing and may not collect any additional fees or charges associate with the service outside the RentAll platform. 6.4. RentAll bears no responsibility for any failure by an owner to comply with the applicable laws and contracts that apply to an owner’s service. 6.5. Owner’s acknowledge that many services carry inherent risks and agree that, to the maximum extent permitted by applicable law, users assume the entire risk arising out of the provisions of services or interaction with other owners whether in person or online. 6.6. Owners and Users are responsible for any reservation modification they agree to make via the RentAll platform.
RELATIONSHIP WITH RENTALL 7.1. RentAll acts as a payment collection agent between the owner and RentAll. 7.2. Subject to clause 7.1., the relationship between owners and RentAll is that of an independent individual/entity and not an employee, agent, joint venture, or partner of RentAll.
FEES AND TAXES 8.1. The owner is responsible for determining and fulfilling its obligations under applicable laws to report, collect, remit, or include in its price any applicable VAT or other indirect taxes, income or other taxes; 8.2. RentAll may charge fees and applicable taxes to owners and users for the right to use the RentAll platform which are listed on RentAll’s fee structure; 8.3. Except as otherwise provided on the RentAll platform, service fees are non-refundable; 8.4. RentAll reserves the right to change the service fees at any time, and will provide owners and users notice of any fee changes before they become effective; 8.5. Fee changes will not affect reservations made prior to the effective date of the fee change.
CONTENT 9.1. By providing in whatever form and through whatever means, owners and users grant RentAll a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Conent, without limitation. 9.2. If content includes personal information, the privacy policy above describes how RentAll uses that information. 9.3. Where RentAll pays for the creation of Content or facilitates its creation, RentAll may own that content. 9.4. Owners and users are solely responsible for all content that they provide and warrant that they either own it or are authorised to grant RentAll the rights described in these terms. 9.5. Owners and users are responsible and liable if any of their content violates or infringes the intellectual property or privacy rights of any third party. 9.6. Content that is discriminatory, obscene, harassing, deceptive, violent, or illegal is prohibited and will be dealt with in accordance with the applicable laws. 9.7. Content made available through the RentAll platform may be protected by copyright, trademark and/or other laws of the Republic of South Africa. Subscribers acknowledge that all intellectual property rights for that content are the exclusive property of RentAll and/or its licensors and agree that they will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. 9.8. Subscribers may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any content accessed through the RentAll Platform except to the extent that they are the legal owner of that content or as expressly permitted in these Terms. 9.9. Subject to compliance with these terms, RentAll grants subscribers a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the RentAll Platform and accessible to you, solely for your personal and non-commercial use.
PLATFORM RULES 10.1. Users may use the RentAll platform solely for their personal use or for use on behalf of a company or other organisation for which they are legally entitled to represent. 10.2. Owners may use the RentAll platform to offer services solely with respect to where they are legally entitled to offer the services: 10.3. Users and Owners are responsible for complying with the following platorm rules: 10.3.1. Users and owners may not misrepresent themselves as someone else or misrepresent any service; 10.3.2. Users and owners may not act in a manner which compromises the RentAll platform; 10.3.3. Users and owners may not use the RentAll platform or anyone’s personal information to send commercial messages without the recipient’s express consent; 10.3.4. Users and owners may not use anyone’s content without their express consent; 10.3.5. Users and owners are responsible for compliance with any applicable laws; 10.3.6. Users and owners may not offer services that violate the laws or agreements that apply to them and may not offer solicit prostitution or participate in or facilitate human trafficking; and 10.3.7. Owners may not use the RentAll platform for other purposes related to any other commercial endeavour without RentAll’s express prior written consent.
TERMINATION AND VIOLATIONS 11.1. The agreement between owners, users and RentAll is effective when they access the RentAll platform and remains in effect until either party terminates the agreement in accordance with these terms; 11.2. Owners and users may terminate this agreement by unsubscribing from the platform and deleting their account; 11.3. RentAll may terminate this agreement and anyone’s account by giving them 20 days’ notice via e-mail or using any other contact information any party has provided for their account; 11.4. RentAll reserves the right to either suspend or terminate this agreement with immediate effect and without notice and stop providing access to the RentAll platform if anyone breaches these terms or violate any applicable laws, or it is reasonably necessary to protect RentAll or third parties; 11.5. RentAll may terminate this agreement without notice if any party’s account has been inactive for more than two years; 11.6. RentAll may take any action it determines is reasonably necessary to comply with applicable law or other administrative agency or governmental body; 11.7. If an Owner’s account is terminated, any confirmed reservations will be automatically cancelled and the respective user will receive a full refund. 11.8. If a User’s account is terminated, any confirmed reservation will be automatically cancelled and any refund will be regulated in terms of the cancellation policy above.
MODIFICATION 12.1. RentAll may modify these terms at any time. 12.2. Any material changes to these terms will be communicated to each user and owner via the RentAll platform. 12.3. After the modification of these terms, any failure to terminate this agreement by any user or owner will be deemed as their unilateral acceptance of those modified terms.
CLAIMS FOR DAMAGE OR THEFT 13.1. Any damage to or theft of any service will be resolved by and between the user and owner and RentAll bears no responsibility for any dispute with respect to damage or theft between any owner and user. 13.2. No user or owner will have any entitlements to claim any damage or claim for theft from RentAll. 13.3. The amount of any claim for damage and/or theft will be determined in accordance with applicable law and solely between the user and owner. 13.4. The RentAll platform solely acts as a facilitator for owners to process payments by users for any claim for damage or theft. RentAll reserves the right to impose the applicable fee for the processing of this claim.
SUBSCRIPTIONS AND ACCOUNTS 14.1. Owners and users must register an account to access and use any features of the RentAll platform. 14.2. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. 14.3. Owners and users represent and warrant that they are not a person or entity barred from using the RentAll platform under the laws of the Republic of South Africa, your place of residence, or any other applicable jurisdiction. 14.4. Owners and users must provide accurate, current, and complete information during registration and keep their account information up-to-date. 14.5. Owners and users may not register more than one account or transfer their account to someone else. 14.6. Owners and users are responsible for maintaining the confidentiality and security of account credentials and may not disclose their credentials to any third party. 14.7. Owners and users are responsible and liable for activities conducted through any account and must immediately notify RentAll if there is a suspicion of any lost or stolen credentials.
PAYMENT TERMS 15.1. Users on the RentAll platform pay for the delivery of a service via the RentAll payment system used on the platform, which provides users with a secured booking, through which they can be compensated for failure or partial performance of the service (refer to the cancellation policy above). 15.2. Users are responsible for paying for any completed reservation, which includes the price terms of the reservation agreed in it. 15.3. Owners are liable for a fee for use of the RentAll platform, which is set out in the fee structure. 15.4. By subscribing to the RentAll platform, users agree to be aware of and accept these terms and the agreement for the use of the RentAll payment system.
WARRANTIES 16.1. RentAll provides that the RentAll platform and all content is “as is” without warranty of any kind. 16.2. RentAll does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Owner, Service, Listing or third party. 16.3. RentAll does not warrant the performance or non-interruption of the RentAll platform. 16.4. RentAll does not warrant that verification, identity or background checks conducted on listings or users or owners will identify past misconduct or prevent future misconduct. 16.5. By subscribing to the RentAll platform, members warrant that they are: 16.5.1. at the time, 18 (eighteen) years or older; 16.5.2. have the right, authority and capacity to enter into this agreement and to comply with the provisions set out herein.
LIMITATIONS ON LIABILITY AND INDEMNIFICATION 17.1. Neither RentAll (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the RentAll Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with 17.1.1. these Terms; 17.1.2. the use of or inability to use the RentAll Platform or any Content; 17.1.3. any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the RentAll Platform; or 17.1.4. publishing or booking of a Listing, including the provision or use of Owner’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RentAll has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. 17.2. Except for our obligation to transmit payments to Owners under these Terms, in no event will RentAll’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, any interaction between any owner or user, or any inability to use the RentAll Platform, any Content, or any Owner’s service. 17.3. RentAll is not responsible for the quality of services provided to users or any failure to provide those services. 17.4. To the maximum extent permitted by applicable law, owners and users agree to release, defend, indemnify from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: 17.4.1. any breach of these terms; 17.4.2. any improper use of the RentAll platform; 17.4.3. any interaction with any user or owner or use of any service; 17.4.4. any failure to accurately report, collect or remit taxes or; 17.4.5. any breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
DISPUTE RESOLUTION 18.1. For the purposes of this clause 18, “dispute” shall be interpreted in the widest sense possible and shall include any dispute or difference in connection or in respect of the: 18.1.1. the conclusion or existence of these terms; 18.1.2. carrying into effect of these terms; 18.1.3. interpretation or application of these terms; and 18.1.4. validity, enforceability, rectification, termination or cancellation whether in whole or in part of these terms. 18.2. In the event of any dispute arising out of or relating to these terms, or the instances listed in clause 16.1 above, any party may give written notice to the other party to initiate arbitration proceedings as set out below. 18.3. The arbitration shall take place in accordance with the UNCITRAL Arbitration Rules in force at the time of the dispute and, unless, agreed otherwise, shall be administered by the parties. 18.4. The parties shall agree on a sole arbitrator within 10 business days of written notification of the dispute, failing which, the appointing authority in terms of the UNCITRAL Arbitration Rules shall be the Association of Arbitrators (Southern Africa) NPC. 18.5. The sole arbitrator/arbitral tribunal shall have the same remedial powers as a court of law in South Africa would have were it adjudicating the dispute. The arbitrator shall deliver an award together with written reasons within 3 months from the date upon which the arbitration ends. 18.6. The seat and venue of the arbitration shall be in Cape Town, South Africa and the arbitration shall be conducted in the English language. Nothing in this clause 16 shall preclude any party from applying to a duly constituted court of competent jurisdiction for urgent interim relief (including but not limited to): (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek such injunctive relief as may be necessary and appropriate; (iv) to enforce any decision of the arbitrator, including the final award; (v) for judgment in relation to a liquidation claim; or (vi) to enforce any security granted in terms of, or relating to, this Agreement and to this end the parties hereby consent to the non-exclusive jurisdiction of the Western Cape Division, Cape Town, of the High Court of South Africa.
NO WAIVER 19.1. A waiver of any right or remedy under these terms or by law is only effective if given in writing and is not deemed a waiver of any subsequent breach or default. 19.2. A failure to exercise or a delay by any party in exercising any right or remedy provided under this agreement or by law does not constitute a waiver of that or any other right or remedy, nor does it prevent or restrict any further exercise of that or any other right or remedy.
INTERPRETATION 20.1. Except as otherwise provided or supplemented, in writing, by additional terms, conditions, policies, guidelines, or standards, these terms constitute the entire agreement between RentAll and its subscribers pertaining to their access to or use of the RentAll platform and supersede any and all prior oral or written understandings or agreements between RentAll and its subscribers. 20.2. No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in these terms. 20.3. The terms do not and are not intended to confer any rights or remedies upon anyone other than RentAll and its subscribers. 20.4. If any provision of these terms is held to be invalid or unenforceable, such provision will be struck and shall not affect the validity and enforceability of the remaining provisions.
ASSIGNMENT 21.1. Subscribers may not assign, transfer or delegate this agreement or your rights and obligations hereunder without RentAll’s prior written consent. 21.2. RentAll may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
NOTICE Unless specified otherwise, any notices or other communications to subscribers permitted or required under this agreement, will be provided electronically and given by RentAll via email, RentAll platform notification, messaging service (including SMS), or any other contact method RentAll enable and subcribers provide.
THIRD PARTY SERVICES The RentAll platform may contain links to third party websites, applications, services or resources that are subject to different terms and privacy practices. RentAll is not responsible or liable for any aspect of such third party services and links to such third party websites or services are not an endorsement thereof.
FORCE MAJEURE RentAll is not liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
GOVERNING LAW The validity of this Agreement, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.
