Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR SITE.

1. TERMS OF WEBSITE USE

1.1.
These terms of use ("Terms of Use"), together with the documents referred to in it, tells you the terms and conditions on which you may make use of our website www.goget.co.za (including login facility and database for purposes of the Goget services) and/or any social network site we make available ("our site") or any mobile, tablet or other smart devices applications and application program interfaces ("our applications") and all associated services (collectively referred to as "our Services"), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our Services.
1.2.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site ("the agreement"). We recommend that you print a copy of this for future reference.
1.3.
By using our site in whatsoever manner, you confirm that you are 18 years and older and that you accept these terms of use and that you agree to comply with them.
1.4.
If you do not agree to these terms of use, you must not use our site.

2. OTHER APPLICABLE TERMS

2.1.
These terms of use refer to the following additional terms, which also apply to your use of our site:
2.1.1.
our Privacy Policy, which sets out the terms on which we process any personal information we collect from you, or that you provide to us. By using our site or Services, you consent to such processing and you warrant that all personal information provided by you is accurate.
2.1.2.
our Acceptable Use Policy, which sets out the policy and conditions when you want to upload content to our site or Services.
2.2.
If you register as a User of our Service: our Terms of Service, and these Terms of Use will apply to the provision of services via the GoGet Platform.

3. INFORMATION ABOUT US

3.1.
https://www.goget.co.za is an internet site and the GoGet Platform is operated by GoGet Adventure (Pty) Limited ("we", "us", "our").
3.2.
We are:-
3.2.1.
registered in the Republic of South Africa under company number 2014/261127/07;
3.2.2.
have our registered office and main trading address at 39 Carl Cronje Drive, Willowbridge Centre First Floor, Tyger Valley Cape Town, Western Cape, 7530, South Africa  ("Premises").
3.3.
For more information about us, kindly click here.

4. CHANGES TO THESE TERMS

4.1.
We may revise these terms of use or any other term(s) as referred to under these terms of use (including this clause) at any time.
4.2.
The amendments will be applicable when published on our site.
4.3.
The terms of use and other terms available on our site (including but not limited to the Terms of Service) at the time of submission of an order for services will apply. Amendments to any term shall not affect previously accepted orders.
4.4.
Please check the terms of use and terms as per paragraph 2 above from time to time to take notice of any changes we made, as they are binding on you. We recommend that you read the terms and conditions before each submission of an order or use of our site.

5. CHANGES TO OUR SITE

5.1.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
5.2.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6. ACCESSING OUR SITE

6.1.
Access to our site is made available free of charge. Applicable fees in terms of our Services will be addressed in the Terms of Service.
6.2.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site (including but not limited to the Services) without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3.
You are responsible for making all arrangements necessary for you to have access to our site and Services, including but not limited to mobile data and the costs associated with it. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6.4.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6.5.
Our site is directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site or the Services are appropriate or available in other locations. We may limit the availability of our site or any Service described on our site to any person or geographic area at any time. If you choose to access our site from outside the Republic of South Africa, you do so at your own risk.

7. RIGHTS GRANTED TO YOU

7.1.
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to:
7.1.1.
access and use our site or application (when available) on your personal device solely in connection with your use of the Services; and
7.1.2.
access and use any content, information and related materials that may be made available on our site and through the Services, in each case solely for your personal, non-commercial use.
7.2.
Any rights not expressly granted herein are reserved by us and our licensors.

8. PROHIBITED USES

You may not use our site or Services:
8.1.
In any way that breaches any applicable local, national or international law or regulation.
8.2.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
8.3.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.4.
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.5.
to access without authority, interfere with, damage or disrupt and part of our site or the Gear or network on which the site is stored.
You may further not:
8.6.
remove any copyright, trademark or other proprietary notices from any portion of our site or the Services;
8.7.
reproduce, copy (direct or in-direct), modify, adapt, reproduce, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our site or the Services (or any part thereof);
8.8.
decompile, reverse engineer or disassemble our site or the Services except as may be permitted by applicable law;
8.9.
mirror, data mine, frame or cache any portion of our site or Services;
8.10.
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
8.11.
design or develop a competitive or substantially similar service to our Services;
8.12.
attempt to gain unauthorized access to or impair any aspect of our site or the Services or its related systems or networks.

9. SERVICE ACCOUNT

To utilise our Services you will be required to register with us. Prior to registration our Terms of Service will be made available to you, which will apply in terms of the Services (including management of your service account).

10. INTELLECTUAL PROPERTY RIGHTS

10.1.
We are the owners and/or rightful licensees of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, trademarks, which are created, invented and/or developed, registered or unregistered) in our site and Services, and in the material published on it and in terms of our Services. Those works are protected by local and international laws and treaties around the world. All such rights are reserved.
10.2.
You may copy, and may download extracts, of any page(s) from our site for your personal use and to determine whether you want to utilise our Services or not. You may draw the attention of others to content posted on our site or by sharing same via social networks or other means available.
10.3.
You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status (and that of any identified contributors, i.e. Owners of the Gear (See Terms of Service) as the authors of content on our site must always be acknowledged.
10.4.
Neither these Terms of Use nor your use of the Services convey or grant to you any rights:
10.4.1.
in or related to our site or the Services except for the limited license granted under paragraph 7 above; or
10.4.2.
to use or reference in any manner our business names, service names, logos, trademarks or services marks or those of our licensors (registered or un-registered).
10.5.
If you feel that any of your copyright or the copyright of any third party may have been infringed, then a claim of such infringement should be sent to us on .

11. LIMITATION OF OUR LIABILITY

11.1.
YOU AGREE THAT YOUR USE OF OUR SERVICES ARE VOLUNTARILY AND AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED "AS-IS" and on an "as-available" basis. YOU AGREE THAT YOU HAVE HAD WHATSOEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE OUR SERVICES, LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR LISTING OF GEAR AND/OR GEAR RENTING AND THAT YOU ARE NOT RELYING ON ANY STATEMENT OF LAW OR FACT MADE BY US.
11.2.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our OUR SERVICES, whether express or implied. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINESS, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS (I.E. THE OWNERS OR PERSON RENTING FROM THE OWNER). YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11.3.
IT IS IN YOUR SOLE DISCRETION TO USE OUR SERVICES AND THEREFORE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS PROFITS, USE OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GEAR AND SERVICES RESULTING FROM ANY GEAR, DATA, INFORMATION OR SERVICES RENTED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA OUR SERVICES; (v) RESULTS OF OUR SERVICES, ANY WEBSITES LINKED TO OUR SITE AND ANY MATERIALS POSTED ON IT; (VI) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO OUR SITE AND SERVICES.
11.4.
THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 11 DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11.5.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.6.
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of Services by us to you, which will be set out in our Terms of Service.

12. SECURITY

12.1.
Although we are not obliged to provide security on the our site we feel it is important that your information or any communication between us is dealt with in the most secure manner reasonable possible, however because of the nature of the internet we cannot warrantee that your communications with us via the site is completely secure;
12.2.
To provide adequate security to all users of the site and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to our right to intercept, monitor, block, read, delete or accesses all data sent to the site or any other GoGet communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the RIC Act;
12.3.
It is our policy to virus check documents and files before they are posted on a site. However, we cannot guarantee that documents or files downloaded from the site will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to us via the site, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the site.

13. LINKING TO OUR SITE

13.1.
You may link to our site, but only to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists or a link to our site in any website that is not owned by you.
13.3.
our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
13.4.
We reserve the right to withdraw linking permission without notice.
13.5.
The website in which you are linking must comply in all respects with our Acceptable Use Policy.

14. THIRD PARTY SERVICES, CONTENT AND LINKS IN OUR SITE

14.1.
The Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control. Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content and in no event shall we be responsible or liable for any products or services of such third party providers.
14.2.
In terms of an Owner uploading examples and content related to Gear to or Services, we request and try to guide the Owner to ensure that the content he/she uploads to our Services comply with our Acceptable Use Policy, however we have no control over the contents of the Owner uploads or resources or any third party sites or resources and make no warranties about them.

15. BREACH, SUSPENSION & TERMINATION

15.1.
We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the site. When a breach has occurred, we may take such action as we deem appropriate.
15.2.
We exclude liability for actions taken in response to breaches of the Terms of Use.
15.3.
All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
15.4.
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
15.5.
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

16. APPLICABLE LAW & JURISDICTION

16.1.
If you are a consumer, please note that these Terms of Use and Terms of Service applicable to our Services, its subject matter and its formation, are governed by the Republic of South Africa law. You and we both agree to that the courts of South Africa will have exclusive jurisdiction.
16.2.
Kindly take note: No term, condition and/or provision of these terms and conditions is intended to limit your, as the case may be, right to settle a dispute concerning the CPA (to the extent applicable) using the mechanisms provided for therein.

17. ELECTRONIC COMMUNICATIONS & CONTRACT BETWEEN US

17.1.
Data Messages sent from us to you have been sent from the GoGet Premises;
17.2.
A Data Message is deemed to be sent:-
17.2.1.
By us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our information system as having been sent;
17.2.2.
By you, at the time when we confirm receipt thereof.
17.3.
A data message is deemed to be received:-
17.3.1.
By us: only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by us that it does give legal effect to the Data Message;
17.3.2.
By you: once it enters your information system.
17.4.
All information that are incorporated by using hyperlinks and / or other methods of reference form part of these terms of Use (see section 11(3) of the ECT Act);
17.5.
Attribution of Data Messages to originator you agree and warrant that the Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
17.6.
Expression of intent – use of our site: For purposes of electronic communications between you and us no electronic signature is required; the mere sending of a Data Messages or browsing of our site(s) demonstrates your intent to be a party to this agreement;

18. CONTACT US

18.1.
In terms of our Services: please use the contact information as per our Contact Us page.
18.2.
For complaints: it is important to us that you are satisfied with our Services. Please contact us first if you have a complaint or any other services issue. You can use the contact information as per our Contact Us page. Please ask for reference number if you speak to any of our representatives;
18.3.
For any legal documentation or notices (hopefully this will never be required) we select the following address:
18.3.1.
Physical address: our Premises
18.3.2.
Email: (heading: "Legal")
18.3.3.
(Marked for the attention of: Managing Director (Legal))
18.4.
If it is required to send you any legal document or notice, for purposes of the agreement between you and us, or for purposes of the Rental Agreement (see Terms of Service), you agree that we can send it via electronic mail to your email address in your Service Account, or by written communication sent by registered post to your address in your Service Account or if delivery to the aforesaid addresses is not successful then such contact details we may find about you on the internet.
18.5.
Any notice to either party which is -
i)
sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause18.4.1 above shall be deemed to have been received, unless the contrary is proved, within 10 (ten) days from the date on which it was posted; or
ii)
delivered to the party by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
iii)
sent by a Data Message to the addressee shall be deemed to be received as per clause 17.3.
18.6.
Notwithstanding anything to the contrary herein, a written notice actually received by a party, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.

19. DEFINITIONS

19.1.
CPA: the Consumer Protection Act 68 of 2008;
19.2.
Data Message: as defined under the ECT Act;
19.3.
ECT Act: means the Electronic Communications and Transactions Act 2002;
19.4.
Gear: Means goods made available via the GoGet Platform by the Owner for the Purpose;
19.5.
GoGet Platform: the software program / information technology platform made available by Us to you to utilise our Services available to you.
19.6.
Purpose: to enable the Renter to rent Gear from the Owner;
19.7.
RIC Act: Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
19.8.
Services: the provision of our sites, platform and applications (where available) 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 Gear as selected by you.
19.9.
Users: means unregistered and registered users of our site. In terms of registered users it includes an Owner or a party that rent from the Owner.