TERMS AND CONDITIONS OF USE
2. THE PLATFORM
2.1. We have developed the platform in order for platform users to:
2.1.1. list items that they own for rental by other users (“owners”); and
2.1.2. rent items listed by other users (“renters”).
2.2. You must create an account to list or rent items.
2.3. Once you have created an account, you will need to through our verification and approval process. This involves submitting a clear photograph of:
2.3.1. yourself, in the form of a “selfie”; and
2.3.2. your identity document.
2.4. We ask you to list your suburb and city. For safety reasons, please don’t list your exact address.
2.5. In submitting all information, documentation and photographs to us, you are consenting to us using this to verify your information with the Department of Home Affairs.
2.6. The verification process is done manually, so it may take up to 48 hours. We ask for your patience in this regard.
2.7. In creating an account, you confirm that:
2.7.1. you are 18 years or older, or, if between 16 years and 18 years, you are at all times assisted by your parent or legal guardian;
2.7.2. all information provided to us, or to users on the platform, is true, accurate and up to date. Should any information require updating, you undertake to contact us as soon as possible. We reserve the right to charge a fine of up to R1 000.00 for each piece of false information provided by you; and
2.7.3. you have the legal right to use the platform and have obtained any and all necessary licenses and approvals.
2.8. We act as an intermediary only, in respect of transactions entered into between owners and renters for the rental of items on the platform. Any agreement for the rental of any items on the platform is a contract between the owner and the renter, and does not include us in any way.
2.9. As a renter, you can use the platform to search for items for rent, create an account, place a rental request, and decide on certain details relating to the rental, such as the rental start date, method of payment and collection / delivery details.
2.10. As an owner, you can use the platform to create an account, list items for rental, set your rental details and requirements such as payment and pricing information, delivery or collection methods and accept rental requests.
2.12. You consent to us using any personal information you submit to us or on the platform in order to conduct a credit reference check at any time during the currency of you holding an account on the platform. We reserve the right to remove your account if we find that you have a negative credit rating.
2.13. We own all content and intellectual property comprising the platform itself as well as all logos, trademarks and any content we load onto the platform. You agree that you won’t have any rights to our content or intellectual property.
3. RULES RELATING TO THE USE OF THE PLATFORM
3.1. In using the platform, you must not:
3.1.1. breach any applicable laws;
3.1.3. breach any rules which are imposed by a renter or an owner prior to a rental request being sent;
3.1.4. post material which is threatening, abusive, defamatory, obscene, indecent or otherwise inappropriate;
3.1.5. send any communication or submit any information to us or another platform user which is false, misleading or deceptive;
3.1.6. infringe the rights of any third-party;
3.1.7. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the platform;
3.1.8. distribute spam, chain letters, or promote pyramid schemes;
3.1.9. distribute viruses or other harmful technology which may cause harm to us, the platform, other users or any other person;
3.1.10. attempt to impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of the platform;
3.1.11. copy, modify, or distribute our, or any other person’s content without their consent;
3.1.12. harvest or otherwise collect information about other users, without their consent;
3.1.13. copy, modify or distribute rights or content from the platform;
3.1.14. bypass any security measures on the platform;
3.3. When posting content on the platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, transferable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content.
3.4.1. immediate removal of content;
3.4.2. temporary or permanent removal of a user’s account;
3.4.3. cancellation of any listings; and/or
3.4.4. any other steps we deem necessary and appropriate.
4. USING THE PLATFORM AS AN OWNER
4.1. When you accept a rental from a renter by approving a rental request, you acknowledge that you are entering into a separate agreement with that renter, and you are liable in terms thereof.
4.2. You accept full responsibility for the payment of all service and/or administrative costs charged by us.
4.3. You acknowledge that when you rent an item to a renter who is either a natural person, or a juristic person with a turnover less than R 2 000 000.00, you are renting to a consumer for the purposes of the Consumer Protection Act 68 of 2008 (“CPA”). Rental is a form of service as defined in the CPA provided that it is done “in the ordinary course of business” by you. You must ensure that you comply with the provisions of the CPA, where applicable.
4.4. In respect of every item listed for rent on the platform, you must provide:
4.4.1. complete and accurate information about the item;
4.4.2. a clear photograph of the actual item;
4.4.3. a video of each side of the item; and
4.4.4. the relevant rental cost.
4.5. Should you wish to include specific rules relating to an item, these rules will only be enforceable if they are available on the listing prior to the rental request being sent to you by a renter. In other words, once a rental request is sent to you by a renter, you cannot include additional rules, unless the renter agrees to such additional rules.
4.6. You must not, at any time, market an item in a misleading, fraudulent way, or in a manner that may reasonably be regarded as deceptive.
4.7. We highly recommend that you insure all items listed on the platform via a third-party insurer.
4.8. All items listed on the platform are listed and rented at your own risk.
4.9. You warrant that:
4.9.1. you have the legal right to offer the item for rental, and confirm that the item is not subject to any third-party rights;
4.9.2. to the best of your knowledge and belief, the item is free of latent and patent defects at the time of listing the item on the platform.
4.10. You acknowledge that you may be liable for a cancellation fee, as set out in clause 7, in the event that you cancel a rental.
4.11. You agree that you will not contact the renter directly for the rental of an item to avoid paying any service and/or administrative costs charged by us.
4.12. The following items are prohibited from being listed on the platform:
4.12.1. items which are illegal and/or prohibited by law;
4.12.2. weapons of any kind;
4.12.4. tobacco products;
4.12.5. pornographic and/or other adult viewing and/or reading material;
4.12.6. paraphernalia of any kind;
4.12.7. meat, fruit, vegetables or other consumable products;
4.12.8. animal products;
4.12.9. any item which may violate any person’s rights (including intellectual property rights); and/or
4.12.10. any other items which we deem to be dangerous or inappropriate for rental, acting in our sole discretion.
5. USING THE PLATFORM AS A RENTER
5.1. When you agree to rent an item from an owner by sending a rental request, you acknowledge that you are entering into a separate agreement with that owner, and you are liable in terms thereof.
5.2. You accept full responsibility for the payment of all amounts in terms of all rentals entered into, including any applicable delivery costs and service and/or administrative costs charged by us.
5.3. You must ensure that the rental item is returned to the owner at the end of the agreed rental period, failing which you will be liable for all costs up until the time of actual return late return.
5.4. You warrant that you have read and understood the description of the item and all rental terms, prior to requesting a rental.
5.5. The owner may wish to include specific rules relating to an item. You must ensure that you review and understand these rules before a rental request is sent.
5.6. You must take all precautions to protect the rented item from damage loss and theft.
6.1. For each rental, the following additional costs are payable to us:
6.1.1. 12.5% of the rental cost of each item, payable by the owner;
6.1.2. 0% of the rental cost of each item, payable by the renter,
(collectively, the “commission fees”).
6.2. In respect of the renter, the commission fee will be added to the rental price, and will then be included at the point of payment.
6.3. In respect of the owner, the commission fee will be deducted from the rental price before payment is made by us to you.
6.4. We will make payments of the rental price, less the relevant commission fee to the owner within 15 business days of expiry of the relevant rental period.
6.5. All payments made on the platform are processed by Ecentric Payment Systems (“Ecentric”). They are a third-party payment solution provider. All payments are subject to Ecentric’s terms and conditions.
6.6. You acknowledge that we are required to share your personal information with Ecentric in order to enable them to facilitate payments. If you do not consent to this, you may not make payments via the platform.
6.7. You are responsible for the payment of all applicable taxes owed by you pursuant to your use of the platform.
6.8. We may change our payment terms at any time on notice to you.
6.9. Should you attempt to avoid paying commission fees and/or other service or administration costs imposed by us by transacting with a user outside the platform, we reserve the right to impose a penalty against you of R2 000.00 in respect of each instance, and you agree to pay this to us.
7.1. An owner may cancel a rental request:
7.1.1. at any time before a rental request is approved by the owner, without being liable for a cancellation fee; or
7.1.2. up to 48 hours after receiving a rental request from a renter. However, should the owner cancel the request within 48 hours of commencement of the rental period, the owner will be liable for a cancellation fee equal to 80% of the rental amount, which cancellation fee may be deducted from any amount held by us on your behalf.
7.2. A renter may cancel a rental request:
7.2.1. at any time before it is accepted by the owner, without being liable for a cancellation fee; or
7.2.2. up to 48 hours after it was made. However, if the renter cancels a rental request which has been accepted by the owner within 48 hours of commencement of the rental period, the renter will be liable for a cancellation fee equal to 80% of the rental amount, which cancellation fee shall be payable to, or deductible by, us on demand.
7.3. All commission fees and other service and administrative costs due to us will be forfeited in the event of a cancellation for whatever reason.
8. ACCOUNT DEACTIVATION
Should you want to deactivate your account on the platform, please contact us via the following link: https://rentalplanet.co.za/contact-us-2/
9. RATINGS AND REVIEWS
9.1. You may rate and review other users at the end of a rental period.
9.2. The ratings work on a positive or negative review basis. You may also leave a written review of the rented item and/or of the user themselves.
9.4. We do not approve ratings or reviews before they appear on the platform. However, we reserve the right to moderate, correct, amend, and delete ratings and reviews as we deem fit.
10. LIMITATION OF LIABILITY
10.1. You acknowledge that we simply link owners and renters, and the agreement between owners and renters is a separate agreement. We will not, under any circumstances, be liable for any loss suffered by any party as a result of an act or omission by any platform user.
10.2. We will not be liable for any loss or damage to platform users, for any reason whatsoever, including, but not limited to:
10.2.1. direct, indirect, special or consequential loss or damages;
10.2.2. loss or damages arising from the use of or inability to use the platform;
10.2.3. reliance on or use of any content on the platform;
10.2.4. presence of any content on the platform;
10.2.5. advertising or promotions which may appear on the platform;
10.2.6. loss or damage as a result of the use of rental items, including but not limited to, death, bodily harm or damage to property;
10.2.7. any change, cessation, amendments or deletions to the platform; or
10.2.8. the unavailability of the platform for any reason.
10.3. You agree to indemnify and hold us harmless against any claims which may arise from your use or misuse of the platform and against any loss or damages as a result of death, bodily injury or damage to property as a result of your negligence including costs and legal fees on an attorney and client scale.
11. DISPUTE RESOLUTION
11.1. We are not obliged to get involved in disputes between platform users. However, we reserve the right to do so.
11.2. Where you have a dispute with us, we request that you contact us so we can try to resolve the matter amicably. If the dispute can’t be resolved amicably within 7 days, the dispute shall be referred to arbitration.
11.3. Arbitrations will be conducted in accordance with the rules and guidelines of the Arbitration Foundation of South Africa (“AFSA”) and such arbitration will be administered by AFSA.
11.4. The arbitrator shall be a suitably qualified independent person appointed by the Registrar of AFSA upon request by any party.
11.5. The arbitration shall be held in Cape Town in accordance with the prevailing AFSA Rules for Commercial Arbitration. The AFSA Expedited Rules shall apply if the dispute would fall within the prevailing magistrates court jurisdiction.
11.6. The arbitrator shall set the date, time, and venue of the arbitration.
11.7. Any order or award made by the arbitrator shall be final and binding.
11.8. This clause shall not prevent any party from seeking interim and/or urgent relief from a court of competent jurisdiction.