Terms of Service

PLEASE READ THESE TERMS OF SERVICES CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. If you do not agree to these Terms of Service, you may not access or use the Services. BY CLICKING ON "SUBMIT" OR "I AGREE" YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND YOUR INTENT THAT IT WILL BE BINDING BETWEEN YOU AND US.

1. OUR RELATIONSHIP WITH YOU

1.1.
These are the terms and conditions ("Terms of Service") relevant to the Services we supply. These Terms of Service refer to the following additional terms which also apply to your use of our Services:-
1.1.1.
Our Terms of Use;
1.1.2.
Our Privacy Policy;
1.1.3.
Our Acceptable Use Policy;
1.1.4.
The Cancellation Policy
1.1.5.
The Renter Refund Policy
1.1.6.
Gear Cover Guarantee
1.2.
The above terms and conditions and policies are hereby incorporated by reference and together is the agreement ("Agreement") between us and you. If there is any conflict between the above terms and conditions/policy and the Terms of Service the latter will prevail;
1.3.
You acknowledge and agree that the provision of our Services to you (as Renter or Owner) creates a direct business relationship between us and you. When we refer to "you" it could be either as Renter or Owner; If you utilise our Services as a Renter, then all references to Renter can by replaced by "you" or if you utilise the Services as an Owner all references to Owner can be replaced with "you";
1.4.
We do not, and shall not be deemed to, direct or control you (as Owner or Renter) generally or in your performances under this Agreement specifically, including in connection with the provision of Gear to users of our Services or selecting and renting Gear from the Owner, your acts or omissions, or your operation and maintenance of your Gear (where you the owner).
1.5.
You retain the sole right to determine when, where, and for how long you will utilize our Services. You retain the option, via our Services as Owner to accept or to decline or ignore a potential Renter's request for Gear or to cancel an accepted request for the renting of the Gear via our Services, subject to our then-current cancellation policies.
1.6.
Except as otherwise expressly provided herein (i.e. where we act as payment agent on behalf of the Owner), the relationship between us and you are solely that of independent contracting parties. You expressly agree that no joint venture, partnership, or agency relationship exists between you and us and that neither of us (except where agreed in writing under these Terms of Service) have the authority to bind each other or hold ourselves out as an agent or authorized representative of the other.

2. YOUR RELATIONSHIP WITH OTHER USERS

2.1.
You acknowledge and agree that:-
2.1.1.
the provision of Gear by the Owner to the Renter (of which you could be either) creates a direct business relationship between the Owner and the Renter. We are not responsible or liable for the actions or inactions of a user (Owner or Renter) in relation to you or your activities under such relationship. You shall have the sole responsibility for any obligations or liabilities to the other party (Owner or Renter) under such relationship.
2.1.2.
Where you are the Owner, you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of a user or third party.
2.1.3.
we may release your whatever information you have submitted to us to perform under these Terms of Services and your performance under the Rental Agreement.
2.2.
Although we may guide the Owner and Renter on what terms and conditions should apply between them and although we make those terms and conditions available via our Services, we are not a party to the Rental Agreement or be liable for any claim or liability under that Rental Agreement. Therefore, the rule of construction that the Rental Agreement shall be interpreted against the party responsible for the drafting or preparation of the Rental Agreement, shall not apply. Accordingly you indemnify us against any claim, damage, loss or cost that may result from such Rental Agreement or the breach of same.

3. AMENDMENT TO THESE TERMS OF SERVICE

We may amend the Terms of Service related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms of Service on our website or the GoGet platform. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service (as amended).

4. YOUR SERVICE ACCOUNT

4.1.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Service Account").
4.2.
You must be 18 years and older, to obtain a Service Account.
4.3.
Service Account registration requires you to submit to us certain information. You agree:-
4.3.1.
To maintain accurate, complete, and up-to-date information in your Service Account.
4.3.2.
That your failure to maintain accurate, complete, and up-to-date Service Account information, may result in your inability to access and use the Services or Our termination of this Agreement with you;
4.3.3.
That we may use the information you provide us with to submit to our selected service provider to verify who you are, including but not limited to verify whether your account details submitted to us are accurate or not.
4.4.
Submission of your information as per the registration form does not automatically give you the right to access the Services. We have the right not to grant you access to a Service Account or to revoke such right and disable any user identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
4.5.
On acceptance of you registration information you will be allowed to select or provided with the necessary access credentials or any other piece of information as part of our security procedures; You must treat such information as confidential. You must not disclose it to any third party. TAKE NOTE: full utilisation of the Services may be subject to further verification (see 4.6 below)
4.6.
Verification information: In certain instances you may be asked to provide additional information to access or use the Services. The additional information shall only be utilised to verify your details. You agree that you may be denied access to or use of the Services or part thereof if you refuse to provide the requested information. We will notify you if we cannot verify your identity or whether your banking details are correct.
4.7.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Service Account details at all times. You may only possess one Service Account and may not assign or transfer same.
4.8.
You may not authorize third parties to use your Service Account.
4.9.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: .
4.10.
You may not assign or otherwise transfer your Service Account to any other person or entity.

5. SERVICES: RIGHTS AND RESTRICTIONS

5.1.
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferrable, non-assignable and non-sub licensable license to use our Services to find an Owner to rent Gear from or to enable you to rent your Gear to a Renter. The Services may not be utilised as a platform for your renting business but purely for personal purposes.
5.2.
You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Owner, or Gear or any other party.
5.3.
We are only interested in bringing together the Owner and the party that wish to rent Gear from the Owner (ON DEMAND LEAD GENERATOR). YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE RENTING SERVICS, THAT WE ARE A TECHNOLOGY SERVICE PROVIDER THAT VIA OUR SERVICE WE ONLY INTRODUCE THE OWNER OF GEAR AND THE PARTY THAT WISHES TO RENT GEAR FROM THE OWNER TO EACH OTHER (YOU MAY BE EITHER BE THE OWNER OR THE PARTY THAT WISHES TO RENT FROM THE OWNER).

6. THE CONTRACT ("RENTAL AGREEMENT") BETWEEN THE OWNER AND RENTER

6.1.
The presentation of the Gear via our Services is only an invitation to do business by the Owner;
6.2.
My Favourites list: Placing Gear in your My Favourites list without completing the process (i.e. submitting your order) does not constitute an order for such Gear, and as such, Gear may be removed from the My Favourites list if it is no longer available or the Charges thereof might change which changes will be reflected in you My Favourite list. Take note: The Owner may make changes to listing up and until booking confirmation ("Confirmed Booking"). The Renter cannot hold us or the Owner liable if such Gear that are not available or are not available at the particular Charge when the Renter complete or attempt to complete the ordering cycle at a later stage. Before the Renter submits his/her order the Renter will be allowed to make changes to the selection of Gear;
6.3.
The offer: The selection of the Gear and the Renter's order constitutes an offer by the Renter to the Owner to rent the Gear from the Owner. You agree that the notification of User Content (for example Owner listings) subsequent to receipt of your Service Account details does not constitute to direct marketing and requesting a Service Account you agree to said notifications;
6.4.
Owner's notification of acceptance: The Owner will have a set period (depending on when Gear must be made available) to indicate his/her acceptance of the Renter's order (offer). If the Owner declines the order, the Renter will be notified accordingly on the GoGet platform and by email. Acceptance of an order without payment by the Renter does not mean Confirmed Booking (see below). All communications between the parties (us, the Owner and the Renter) shall take place via email and our Services;
6.5.
Payment by Renter: Payment by Renter shall take place within set period (depending on when Gear must be made available) from receipt of the Owner's notification of acceptance as per clause 6.4 above (in the Renter's Service Account);
IMPORTANT: if any of the parties, fails to communicate or make payment within the designated timeframes, the booking/order request will automatically expire.
6.6.
When is the contract concluded: The contract between the Owner and Renter will come into existence subsequent to i) acceptance of the Renter's order (offer) by the Owner and communication of said acceptance to the Renter (paragraph 6.4 above) and ii) on receipt of the Renter's payment (paragraph 6.5 above), which will be the Effective Date" of the Contract / "Confirmed Booking" for that particular order.
6.7.
Provision of Information: You hereby acknowledge and agree that on Confirmed Booking, we may provide certain information to the other party (either the Owner or the Renter), including the Owner / Renter's first names, contact information, delivery location (as provided by you if you are the Owner) and that You shall not use the personal information (as Owner or Renter) for any reason other than for the purposes of renting from or renting out the Gear.
6.8.
Your reference number: We assign a transaction reference (for both the Renter and Owner's attention) once a pending booking request / order has become a Confirmed Booking. It will help us if the Owner or Renter can quote the transaction reference number whenever any one of the parties contact Us about the transaction.
6.9.
Rental Period
6.9.1.
The rental of the Gear will commence on the Commencement Date and continue for the Rental Period.
6.9.2.
Where the Renter wishes to extend the Rental Period the Renter shall utilise its GoGet Service Account and, if available, request a new Rental Period for the Gear. Any extended period shall be dealt with as a new Rental Period under a new Rental Agreement.
6.9.3.
Where Gear has not been returned to the Owner on the agreed Return Date the Rental Period will automatically be extended to the date on which the Renter will return the Gear to the Owner.
6.10.
Cooling-off period: Take note that the renting of Gear is a supply of services. No cooling off period will apply under the Rental Agreement as the Owner undertakes, when the transaction is concluded, to provide the services on a specific date and for a specific period. The GoGet Cancellation Policy will apply.
6.11.
Booked Confirmation Modifications, Cancellations and Refunds
6.11.1.
The Owner and Renter respectively are responsible for any modifications to a Confirmed Booking that they make via the GoGet Platform ("Booking Modifications"), and agree to pay any additional fees associated with such Booking Modifications as set out under the Cancellation Policy and/or Renter Refund Policy;
6.11.2.
The Renter can cancel a Confirmed Booking at any time subject to the Cancellation Policy, and we will provide any refund to the Renter in accordance with such Cancellation Policy. Any amounts due to the Owner under the applicable Cancellation Policy will be remitted to the Owner by us.
6.11.3.
If an Owner cancels a Confirmed Booking, such cancellation will be subject to the Cancellation Policy and the Renter shall be entitled to such refunds as set out under the Renter Refund Policy and we may publish an automated review on the Gear listed cancelled by the Owner indicating that a booking was cancelled. In addition, we may (i) keep the calendar for the Gear unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Owner has a valid reason for cancelling the Confirmed Booking or has legitimate concerns about the Renter's behaviour.
6.11.4.
In certain circumstances, we may decide, in our sole discretion, that it is necessary to cancel a Confirmed Booking and make appropriate refund and pay-out decisions to the Renter. This may be for reasons where GoGet believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to GoGet, other Users, third parties or property, or an event that may be classified as "Excused Events" (see examples under definitions) or for any of the reasons set out in these Terms of Services.
6.11.5.
On any cancellation subsequent to taking possession of the Gear the Rental Agreement will terminate and the Renter shall return the Gear in accordance with 6.17 below
6.12.
Delivery of the Gear
6.12.1.
Delivery of the Gear takes place at the time the Renter or his representative takes possession of the Gear at the Delivery Location;
6.12.2.
The Gear shall be deemed to have been delivered in Good Order, unless otherwise recorded in writing and signed by both parties. Any condition of the Gear not so recorded will be for the account of the Renter.
6.12.3.
If the delivery of the Gear is delayed by an event outside our control in terms of our Services we will not be responsible to inform any party. It is the responsibility of the parties to clearly communicate with each other, including notifying each other if there are going to be any delay whatsoever. We will not be liable for delays caused by such an event, but if there is a risk of substantial delay you as the Renter has the option to cancel the Rental Agreement in accordance with the Cancellation Policy.
6.13.
Rental Fee and Payment terms:
6.13.1.
From when will the Rental Fee for renting the Gear apply: From the Commencement Date until the Return Date. It is important to take note that if no cancellation has taken place in terms of paragraph 8 below that the Rental Fee will be due for the period as selected, whether the Renter has taken possession of the Gear or not.
6.13.2.
Payment terms – see clause 8 below
6.14.
Use and Maintenance of Gear
6.14.1.
The Gear may only be used for the Rental Period or extended period (see 6.9 above);
6.14.2.
Renter shall at all times keep the Gear in its possession and under its control and shall take reasonable care in the use of the Gear.
6.14.3.
The Renter agrees to operate, maintain and store the Gear strictly in accordance with any instruction provided by the Owner, with due care and diligence, only for its intended use and in accordance with any manufacturer's instructions and recommendations whether supplied by the Owner or posted on the Gear as to the operations, maintenance and storage thereof.
6.14.4.
Renter shall at its own expense maintain the Gear in proper working order and keep the Gear free from attachment hypothec or other legal charge or process.
6.14.5.
The Renter agrees to comply with all occupational health and safety laws relating to the use of the Gear and related operations.
6.14.6.
Renter shall not sell, let, loan, pledge, transfer or otherwise encumber the Gear in any way or permit any lien or leave the Gear unattended or in a place that is not safe;
6.14.7.
In the event of damage of any kind whatsoever to the Gear, the Renter agrees to immediately contact the Owner with an accurate description of the damage and the circumstances of its occurrence. The Renter agrees to be bound, legally and otherwise, by the report of the Owner's chosen repair venue as to the cause of the damage to the Gear.
6.15.
Renter's warranties: The Renter warrants that:
6.15.1.
the Gear will be used in accordance with its purpose, known to a reasonable person;
6.15.2.
the Renter holds a valid current driver's licence, operating licence or permit valid for the type of Gear hired;
6.15.3.
the Gear will not be used for any illegal purpose;
6.15.4.
the hire's vehicle is suitable for towing the Gear (where Gear needs to be towed);
6.15.5.
the Renter will not, without prior written consent of the Owner, modify, or permit any modification of, the Gear in any way; and
6.15.6.
the Renter agrees that the Gear complies with its description, is in merchantable condition and is fit for the Renter's purpose.
6.16.
Owner's warranties: The Owner warrants that:-
6.16.1.
He/she is the lawful owner of the Gear or has the right to rent same to the Renter;
6.16.2.
(where applicable) the Gear is properly registered and licensed (i.e. trailer must have a valid license when renting out);
6.16.3.
The Gear is maintained in good operating condition, consistent with industry safety and maintenance standards for the particular Gear and in a clean and sanitary condition.
6.16.4.
the Gear References are correct in every respect and are not misleading in any way including, without limitation, by omission;
6.16.5.
Except for the above warranties, all other warranties implied by common law are expressly excluded.
6.16.6.
No representations of any nature whatsoever in connection with the Gear are made by or on behalf of Owner.
6.17.
Return of Gear
6.17.1.
The Renter shall return the Gear to the Owner on the agreed Return Date, time and at the location where the Renter took possession of same or such other location as may be agreed to between the parties.
6.17.2.
The Renter acknowledges that the failure to return the Gear in terms of the agreement shall constitute unlawful possession by the Renter, and the Owner may repossess the Gear wherever it may be found and from whomever is in possession thereof. Any costs incurred in recovering the Gear as well as the costs of any additional rental days, will be for the account of the Renter;
6.17.3.
Should the Gear not be returned as agreed, the Gear may be reported as stolen to the relevant authorities;
6.17.4.
The Renter shall ensure the Gear is returned to the Owner clean and in the condition as received originally. Fuel tanks on any Gear shall be returned with the same level of fuel as when the Renter received the Gear. In the event that these requirements are not complied with the Renter shall pay the Owner the reasonable costs of compliance with these requirements.
6.17.5.
Renter shall, on termination of the Rental Agreement, return the Gear in good working order, fair wear and tear permitted, together with all applicable documents to Owner at Renter's cost and expense.
6.17.6.
The Gear and all risk relating to the Gear will remain the responsibility of the Renter until the Owner has recorded the return of the Gear.
6.18.
Ownership of Gear
6.18.1.
Owner shall at all times be and remain the owner of the Gear and neither Renter nor any other person on his behalf shall at any stage before or after the expiry of this Agreement or after the termination thereof acquire ownership of the Gear.
6.18.2.
The Renter agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Gear and not to conceal or alter the Gear or make any addition or alteration to, or repair of, the Gear.
6.19.
Renter's Risk and Liability in terms of the Rental Agreement
6.19.1.
The Renter agrees that the use of the Gear may carry with it dangers and risks of injury and the Renter agrees to accept all dangers and risks.
6.19.2.
All risks (fair wear and tear excepted) including the risk of destruction or loss of the Gear shall pass to Renter on delivery of the Gear to the Renter until such time as the Owner has recorded the return of the Gear (clause 6.17 above) and shall be, subject to the Gear Cover Guarantee, liable for all loss and damages sustained to the Gear;
6.19.3.
The Renter will assume all risks and liabilities for all injuries to or deaths of persons or damages to third party property, howsoever arising from the Renter's possession and use of the Gear and accordingly indemnify the Owner;
6.19.4.
Notwithstanding anything in this agreement, the Owner shall not be obliged to make, institute or proceed with any claim which the Owner may otherwise have against a third party for the recovery of any loss or damage to or in connection with the Gear and accordingly, the Owner shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
6.19.5.
Renter shall be obliged to take whatever steps as may be necessary to prevent the destruction or loss of the Gear. Renter shall acquaint himself with the Gear Cover Guarantee and undertakes to do everything that may be necessary to ensure compliance with the terms and conditions of such Gear Cover Guarantee;
6.19.6.
If there is a breakdown or failure of the Gear then the Renter shall return the Gear to the Owner at the Renter's expense and the Renter shall not attempt to repair the Gear.
6.19.7.
Where there is a breakdown or defect of the Gear that has not resulted from the actions or omissions of the Renter, the Renter will return the Gear to the Owner at the Owner's expense and the Owner shall refund the Renter pro-rata for the non-utilization of the Gear for the remainder of the Rental Period.
6.20.
Indemnity
6.20.1.
To the full extent permitted by law the Renter releases, discharges and indemnifies the Owner from all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees and costs, arising out of, connected with, or resulting from the use or misuse or consequences of the use of the Gear during the Rental Period, provided such loss or damages were not caused as a result of the Owner's negligence.
6.20.2.
The Owner indemnify the Renter from all expenses, costs or damages that may result from a defect on the Gear that was not pointed out to the Renter prior to taking possession of the Gear by the Renter, whether the Owner had knowledge of said defect or not.
6.21.
Notices: for purposes of this Rental Agreement, the parties select their respective addresses as made available on the GoGet Platform as the addresses to be utilised for legal notices between each other and authorises GoGet accordingly to make same available to each other if there is a dispute between the parties.
6.22.
Assignment and Cession
6.23.
Owner is entitled to cede and/or delegate without notice to Renter all or any of Owner's rights and/or obligations under the Rental Agreement including its rights of ownership in the Gear or any of them, either absolutely or as collateral security, to any other person or persons and whether such cession is made to the Cessionary/ies alone or to the Cessionary/ies jointly and severally with Owner or any other person or persons, and if such cession occurs, Renter shall, if so required by any such Cessionary/ies, make all payments or authorizes GoGet to make all such payments direct to such Cessionary/ies. Any reference in this Agreement to Owner shall, unless the context indicates otherwise, be construed as referring to the Cessionary/ies. Renter hereby undertakes to accept the cession and/or delegation and to acknowledge the rights of the Cessionary/ies in terms of this clause and to hold the Gear on behalf of the Cessionary/ies, subject to the conditions of this agreement. The Renter agrees, that in the event of such cession, to the extent that any such Cession or delegation results in the splitting of claims the Renter hereby consents in advance to such splitting of claims.
6.24.
This Rental Agreement between the Renter and the Owner is personal to Renter and Renter shall not in any circumstances be able to make over any of his rights and/or obligations hereunder without prior written consent of Owner.
6.25.
Damages claims and dispute resolution
6.26.
The Renter and Owner agree to cooperate with and assist GoGet in good faith, and to provide GoGet with such information and take such actions as may be reasonably requested by GoGet, in connection with any damage claims or other complaints or claims made by either the Renter or Owner relating to the Gear rented (including, without limitation, payment requests made under the Gear Cover Guarantee).
6.27.
A User shall, upon GoGet's reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by GoGet or any nominee, with respect to losses for which a User is requesting payment from GoGet (including but not limited to payments under the Gear Cover Guarantee).
6.28.
Where a dispute cannot be resolved as set out under clauses 6.26 and 6.27 above the dispute will be resolved between the Renter and Owner themselves in such forum as the party lodging the dispute selects or as agreed to between the parties.

7. GEAR QUALITY

7.1.
To ensure that we deliver a high-quality Service and that the Gear available via our Services is of quality you (as Owner) acknowledge and agree that the Gear shall be in Good Order, including but not limited to, :-
7.1.1.
shall (where required) at all times, be properly registered and licensed (i.e. trailer must have a valid license when renting out);
7.1.2.
is owned by you or otherwise in your lawful possession and that you have the right to rent it to third parties,
7.1.3.
is maintained in good operating condition, consistent with industry safety and maintenance standards for the particular Gear and in a clean and sanitary condition.
7.1.4.
Shall match your Gear References.
7.2.
Take note: if the conditions as per clause 7.1 above are not complied with that you (as Owner) may be liable for certain cancellation charges under the Cancellation Policy and the Renter may be entitled to claim under the Renter Refund Policy;
7.3.
As part of our drive towards quality Services, we add as part of our terms and conditions that all Gear must be of good quality and that all Gear must be returned to the Owner in the same condition as when the Renter received it. We recommend to the Owner and Renter to take photos of the Gear on the Collection Date and on the Return Date.

8. CHARGES AND PAYMENT

Charges & Service Fee
8.1.
The use of the Services by the Renter will result in charges to the Renter for the Services we provide ("Service Fee"), fees for the renting of the Gear from an Owner during the Rental Period ("Rental Fee") and any applicable Damage Co-payment (see Gear Cover Guarantee) (collectively referred to as the "Renter Charges").
8.2.
Currently there are no service fees that the Owner needs to pay.
8.3.
The Renter Charges will be presented to the Renter prior to any payment by the Renter.
8.4.
Value Added Taxes: All prices and/or costs quoted by us shall be inclusive of all applicable taxes but excluding Value Added Tax ("VAT"). VAT shall only be reflected if applicable, which shall then be shown clearly and separately to the agreed Charges in terms of the Service;
8.5.
What happens if we or Owner got the Charges wrong. It is always possible that, despite our best efforts, the Charges may be incorrectly priced. We will and will encourage the Owner to check the Charges before accepting the Renter's order. If the Owner accepts and process the Renter's order where a Charge error is obvious and unmistakeable and could reasonably have been recognised by the Renter as a mispricing, the Owner may end the Rental Agreement.
8.6.
Prior to the Renter's use of the Gear as selected via the Services, we will facilitate the Renter's payment of the applicable Renter Charges on behalf of the Owner, as such the Owner's ‘limited payment collection agent', which the Owner hereby appoints us to. Payment of the Renter Charges in such manner shall be considered the same as payment made directly by the Renter to the Owner.
8.7.
As an Owner you hereby authorises us to deduct the agreed Service Fee and Damage Co-payment from the Renter's payment prior to making the agreed payment to you as the Owner;
8.8.
Renter Charges paid are final and non-refundable, unless otherwise stated under these Terms of Services.
8.9.
Renter Charges applicable in certain time periods, i.e. school holidays ("High-Use Time Periods") may increase substantially during times of high demand. We will use reasonable efforts to inform the Renter of Renter Charges that may apply, provided that the Renter will be responsible for Charges incurred under his/her Service Account regardless of the Renter's awareness of such Charges or the amounts thereof.
8.10.
Depending on the your use of the Services and/or your loyalty to our Service we may in our sole discretion from time to time provide certain users with certain promotional offers and discounts that may result in different amounts charged for the same or similar Gear obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
8.11.
We have made available to the Owner a Payment Calculator, which will enable the Owner to determine the payment due to the Owner on a successful renting of the Owner's Gear (Rental Fee), the Service Fee due by the Renter to us and Damage Co-payment (which shall be refunded to the Renter upon successful return of the Gear to the Owner in accordance with these terms and conditions). The Owner acknowledge and agree that the Rental Fee amount presented on the Payment Calculator is the only payment that the Owner will receive in connection with the renting of the Gear.
8.12.
We and/or the Owner (for purposes of the Gear) reserve the right to establish, remove and/or revise Charges for any or all Services or Gear obtained through the use of the Services at any time in our and/or Owner's sole discretion, however this will not affect those transactions where the Charges have already been paid, unless otherwise agreed to under these Terms of Service.
8.13.
Take note: The Renter is liable for all fines incurred during the Rental Period and hereby authorize the Owner or its nominee and GoGet to disclose any information required by a relevant authority to process it. The Renter further authorizes GoGet to claim such fines and/or penalties by making use of the payment method selected by the Renter for purposes of this Rental Agreement;
Payment & Receipts
8.14.
All Renter Charges must be paid within the time allowed to the Renter on the GoGet Platform. Payment of the Renter Charges will be facilitated by us using the preferred payment method made available by us to the Renter in the Service Account. The Renter hereby authorises GoGet to make payment to the agreed recipients when due;
8.15.
We will, on behalf of the Owner, generate the necessary receipt and make it available on the Renter Service Account.
8.16.
The Rental Fee will be due to the Owner on the Commencement Date, however it will only be paid to the Owner 48 hours subsequent to the agreed Return Date;
8.17.
No refunds will be allowed unless permitted under the Cancellation Policy and/or the Renter Refund Policy or as a result of any right under the Rental Agreement, i.e. Owner in breach of the Rental Agreement. The Owner and Renter herby authorises GoGet/us to act as payment agent on any payment of refunds or authorised claims allowed under this Terms of Services or the Rental Agreement; This payment structure is intended to fully compensate us for our Services, the Owner for the Gear rented and any third party that provide value added services as agreed.

9. GEAR COVER GUARANTEE

9.1.
By listing Gear, renting Gear or by registering or using our Services, You (or any other legal entity that You represent) acknowledge and confirm that You have read, understood and agree to be bound by the Gear Cover Guarantee terms and conditions.
9.2.
Furthermore, You agree to comply with all requirements and conditions set herein, and others as posted via our Services from time to time, as well as act in good faith towards all parties and exercise due care as can be reasonably expected in order to be eligible and benefit from any cover under the Gear Cover Guarantee. Any degree of non-compliance with the above as determined by Us or those that represent Us will invalidate the cover provided.
9.3.
The cover limit for the Gear selected and Damage Co-payment amount for the Gear to be rented will be presented to you on the Gear Cover Guarantee Page;
9.4.
If anyone of the parties wish to rely on the Gear Cover Guarantee, then the steps as set out in the Gear Cover Guarantee should be followed. IMPORTANT – TAKE NOTE THAT ALL CLAIMS MUST BE REPORTED VIA THE GOGET PLATFORM AND WITHIN THE TIMEFRAMES PRESENTED IN THE GOGET COVER GUARANTEE OR THAT MAY BE COMMUNICATED IN WRITING TO YOU FROM TIME TO TIME.
9.5.
The Gear Cover Guarantee and any receipt of payments by the Owner from such cover is no waiver of our (GoGet) rights under law and available remedies to recover any amount in access of the Co-Damages Payment received from the Renter;
9.6.
A possible claim against the Renter or any balance shall not prohibit us and also reserves the right to otherwise collect payment from you and pursue any remedies available to GoGet in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by the Owner under the Gear Cover Guarantee.

10. RATINGS

10.1.
High quality Services are important to us and therefore the option for the Owner and the Renter to rate each other during certain stages of the Services. To continue to have access to the Services as an Owner or Renter your rating as provided by Owners, alternatively Renters (where you are the Owner) need to be above the average we may determine in our sole discretion from time to time.
10.2.
In the event that your average rating falls below the then acceptable minimum average rating (either as Renter or Owner), we will notify you and may provide you, in our discretion, a limited period of time (which period may differ between Renter and Owner) to raise your average rating above the minimum average rating. If you do not increase your average rating above the minimum average rating within the time period allowed (if any), we reserve the right to deactivate your access to the Services.
10.3.
Additionally, where you an Owner, you acknowledge that your repeated failure to accept potential Renters' requests to rent your Gear via the Services creates a negative experience for the users of our Services. If you do not wish to accept requests for renting of your Gear for a period of time, you agree that you will remove said Gear from the Services.
10.4.
The Owner and renter may also be given the opportunity to submit feedback in terms of the Services and about each other. All feedback must comply with our Acceptable Use Policy;
10.5.
We reserve the right to use, share and display the ratings and comments in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your and User ratings and comments, provided that we reserve the right to edit or remove comments in the event that such comments breach our Acceptable Use Policy or Privacy Policy.

11. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

11.1.
THE PROVISION(s) IN TERMS OF LIABILITY ARE STIPULATED IN OUR TERMS OF USE.
11.2.
IN ADDITION, OUR SERVICES MAY BE USED BY YOU TO SELECT AND RENT GEAR FROM THE OWNER OR FOR YOU TO RENT OUT YOUR GEAR TO A THIRD PARTY; YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE AVAILABILITY, DELIVERY AND USE OF THE GEAR AS AGREED TO BETWEEN YOU AND THE THIRD PARTY OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
11.3.
You agree to indemnify and hold us and our directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney own client fees), arising out of or in connection with: (i) your use of the Services or Gear obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; (iii) Our use of your User Content (see Acceptable Use Policy); or (iv) your violation of the rights of any third party, including the Owner or Renter any third party providers.
11.4.
We will not be liable to you for any default or delay in the performance of the Services if and to the extent that such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond its reasonable control including fluctuations in communications or utility services ("Force Majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means.

12. WARRANTIES

12.1.
You hereby represent and warrant that:
12.1.1.
you have full power and authority to enter into this Agreement and perform your obligations hereunder;
12.1.2.
you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement.
12.2.
IN ADDITION TO OUR WARRANTIES UNDER OUR TERMS OF USE, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF OUR SERVICES WILL RESULT IN ANY REQUESTS FOR RENTING YOUR GEAR OR THAT THE OWNER WILL ACCEPT YOUR ORDER. WE OPERATE AS AN ON DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RENTER OR POTENTIAL RENTER WHO MAY REQUEST OR RENT GEAR FROM YOU (WHERE YOU THE OWNER). WE DO NOT SCREEN OR OTHERWISE EVALUATE USERS (RENTERS OR OWNERS); BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
12.3.
NOTWITHSTANDING OUR APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT FOR THE OWNER FOR THE PURPOSE OF ACCEPTING PAYMENT FROM RENTERS AND PRODUCING RECEIPTS AND FACILITATING THE COMMUNICATIONS BETWEEN THE RENTER AND OWNER ON THE OWNER'S BEHALF AS SET FORTH IN PARAGRAPH 8.6 above, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY USER OR OTHER THIRD PARTY.
12.4.
WE DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF OUR SERVICES YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO EMERGENCY - OR SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.

13. ELECTRONIC COMMUNICATIONS

13.1.
By creating a Service Account, you agree that we may send you informational via your preferred selected communication option as part of the normal business operation of your use of the Services. You may opt-out of receiving such electronic communications by either:-
13.1.1.
unsubscribe from the electronic communication as per the available functionality;
13.1.2.
email us on . Electronic communications may impact your use of the Services.
13.2.
Take note, that unsubscribing from electronic communications from us to you may result in certain functions of the Services not working.

14. SUSPENSION AND TERMINATION OF OUR SERVICES

14.1.
Your termination:
14.1.1.
you can terminate the Services at any time by cancelling your account as per the option available in your Profile section.
14.1.2.
If an Owner cancels his/her Service Account all Confirmed Bookings, where the Collection Date still needs to occur, will automatically be cancelled and the Renter will be refunded; this may affect your rating on GoGet.
14.1.3.
If a Renter cancels his/her Service Account, all outstanding Charges that may apply (in terms of the Cancellation Policy) will be due and payable immediately; You hereby authorise is to deduct the agreed amounts. If you wish to re-activate it again you will have to contact us in writing.
14.1.4.
If you wish us to remove all your personal information from our Services you can email us at: . On receipt of your notice and confirmation that no Charges are outstanding we will terminate this Agreement and remove your personal information within a reasonable time, with the understanding that you have removed all User Content / material that you may have downloaded via our Services.
14.2.
Our suspension, deactivation and/or termination:
14.2.1.
Without limiting our rights specified below, GoGet may terminate these Terms of Services for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.2.2.
GoGet may immediately, without notice terminate these Terms of Services if (i) you have materially breached your obligations under these Terms of Services or any other terms and conditions of policies incorporated by reference or if, (ii) you have violated applicable laws, regulations or third party rights, or (iii) GoGet believes in good faith that such action is reasonably necessary to protect the personal safety or property of GoGet, its Users, directors, employees, or third parties.
14.2.3.
In addition, GoGet may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms of Services, other terms and conditions or policies incorporated by reference, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Service Account registration, uploading of Gear References process or thereafter, (iv) you and/or your Gear References or renting of Gear at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or we otherwise become aware of or have received complaints about your performance or conduct, (vi) you have repeatedly cancelled Confirmed Bookings or failed to respond to booking orders/requests without a valid reason, or (vii) GoGet believes in good faith that such action is reasonably necessary to protect the personal safety or property of GoGet, its directors, employees, Users or third parties, or to prevent fraud or other illegal activity:
14.2.3.1.
refuse to surface, delete or postpone any Gear listings, Ratings, Reviews, or other User Content;
14.2.3.2.
cancel any pending or Confirmed Bookings;
14.2.3.3.
limit your access to or use of our Services;
14.2.3.4.
temporarily or permanently revoke any special status associated with your Service Account; or
14.2.3.5.
temporarily or in case of severe or repeated offenses permanently suspend your Service Account.
14.2.4.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by us and an opportunity to resolve the issue to our reasonable satisfaction.
14.2.5.
If we take any of the measures described above (i) we may refund the Renter in full for any and all Confirmed Bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or Confirmed Bookings that were cancelled.
14.3.
Consequences of termination:
14.3.1.
Termination of the Terms of Services will not result in the termination of the Terms of Use for purposes of our site, however if the above breach has something to do with our site, then termination will be take such action as we deem appropriate, including but not limited to withdraw your right to use our site
14.3.2.
Termination of the Terms of Services will not affect any Rental Agreement in place at the time of termination hereof.

15. DISPUTE RESOLUTION

Any dispute arising from the provision of our Services shall be subject to the following dispute resolution procedures:-
15.1.
Informal dispute resolution: If there is any dispute we (you and us) will first attempt to resolve it informally. You must first contact our service manager at: . You will then be given an opportunity to first discuss the problem/dispute with the service manager. The dispute must be submitted within 10 (ten) days from you becoming aware of the issue / problem. If the dispute cannot be resolved within 10 (ten) days of the dispute been referred to the service manager that we will continue with the rest of this paragraph.
15.2.
Institution of Formal Proceedings: Subject to the provisions of clauses 15.1 and 15.7, the Parties agree that either Party may elect to refer any dispute which may arise to either to the High Court of South Africa or to arbitration proceedings as contemplated in clause 15.3. Upon election by a Party initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.
15.3.
Arbitration: If the Parties are unable to resolve any dispute informally and either Party has elected to commence arbitration proceedings to resolve the dispute in terms of clause 15.2, then such dispute shall on written demand by the electing Party be submitted to arbitration at Arbitration Foundation of Southern Africa ("AFSA) in Cape Town. Either party may select to participate in the arbitration live, by phone, video conferencing or by submission of documents.
15.4.
Status of arbitration ruling: The decision of the arbitrator shall be binding on the Parties to the arbitration after the expiry of the period of 20 (twenty) days from the date of the arbitrator's ruling if no appeal has been lodged by any Party or upon the issue of determination by the appeal panel, as the case may be. A decision, which becomes final and binding in terms of this clause 15.4 may be made an order of court at the instance of any Party to the arbitration. The parties agree to keep the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
15.5.
Rapid resolution of disputes: The Parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
15.6.
Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties;
15.7.
Excluded relief: This clause 15 shall not preclude either Party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to you as a consumer.
15.8.
Agreed Jurisdiction: the Parties hereby consent to the jurisdiction of the Western Cape High Court (Cape Town) in respect of proceedings referred to in clause 15.2 above.

16. GENERAL

16.1.
The whole Agreement: These Terms of Service expressly supersede prior agreements or arrangements with you, except obviously for those terms and conditions that are incorporated by reference to these Terms of Service.
16.2.
Assignment: You may not assign these Terms of Service without our prior written approval. We may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
16.3.
Third Party beneficiary. Except as specifically stated in these Terms of Service, nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
16.4.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17. DEFINITIONS

17.1.
Collection Date: the date on which the Renter will collect the selected Gear from the Owner or its nominee;
17.2.
Commencement Date: the first day, as selected by the Renter, on which the Renter agrees to rent the Gear from the Owner or its nominee;
17.3.
Damage Co-payment: means payment made by Renter in the form of a security deposit, to be (1) refunded to Renter upon successful return of Owner's Gear or (2) to be used to pay partially-or in full for damage to-or loss of Gear which occurred during a Rental Period whether in the possession of the Renter or not.
17.4.
Data: means all data related to the access and use of our Services hereunder, including all data related to users, all data related to the provision of the Services;
17.5.
Delivery Location: location that the Owner will determine as the location where the Gear will be handed and/or collected from the Renter;
17.6.
Excused Events: the following events may be seen as excused events (not limited):
17.6.1.
Force Majeure events / Acts of God, strikes or labour unrest that may affect the collection location, return location or destination location (as indicated by Renter);
17.6.2.
Government directives or actions that may affect the use of the Gear, or collection location, return location or destination location;
17.6.3.
Unexpected death or serious illness of an Owner, Renter or immediate family member of either the Owner or Renter;
17.6.4.
Serious injury that directly restricts a Renter's ability to rent or an Owner's ability to facilitate a rental of the Gear; 
17.6.5.
Severe Gear damage or unforeseen maintenance issues that directly impact the ability to facilitate a rental safely;
17.7.
Gear: the goods as made available via the Services by the Owner for renting by any Renter;
17.8.
Gear References: the description, photos and other relevant information that explain and describe the Gear to users of the Services;
17.9.
Good Order: means clean, safe and licensed (where required) Gear as per the Gear References without any undisclosed damages.
17.10.
FAIS Act: the Financial Advisory and Intermediary Act;
17.11.
Owner: means the party that places the Gear References on the GoGet Platform to invite potential Renters to rent the Gear from him/her as per the Rental Agreement;
17.12.
Rental Period: means the period from the Commencement Date until the Return Date;
17.13.
Renter: the person that use the Service to select the Gear and rent same from the Owner as per the Rental Agreement;
17.14.
Return Date: the date that the Renter has selected to return the Gear, or where the Renter englects or refuse to return the Gear, such later first day the Owner is in possession of his/her Gear again;
17.15.
Services: the provision of the GoGet platform to enable you to either rent your Gear to a third party interested in renting it from You or for You to rent from an Owner the Gear as selected by You;
17.16.
VAT: Value Added Tax as per the VAT Act