TERMS & CONDITIONS

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [Rent My Bay] (“we,” “us” or “our”), concerning your access to and use of the [Rent My Bay] web Rent My Bay Site as well as any other media form, media channel, mobile web Rent My Bay Site or mobile application related, linked, or otherwise connected thereto (collectively, the “Rent My Bay Site”). The Rent My Bay Site provides an online service which enables the user to search for an available parking bay within an area of his or her choice]. In order to help make the Rent My Bay Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use [, including the [User Agreement/Services Agreement/other posted on the Rent My Bay Site, which are incorporated into these Terms of Use]. You agree that by accessing the Rent My Bay Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE RENT MY BAY SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Rent My Bay Site after the date such revised Terms of Use are posted.

The information provided on the Rent My Bay Rent My Bay Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Rent My Bay Rent My Bay Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Rent My Bay Rent My Bay Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Rent My Bay Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Rent My Bay Site is the proprietary property and all source code, databases, functionality, software, web Rent My Bay Site designs, audio, video, text, photographs, and graphics on the Rent My Bay Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa. The Content and the Marks are provided on the Rent My Bay Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Rent My Bay Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Rent My Bay Site, you are granted a limited license to access and use the Rent My Bay Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Rent My Bay Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Rent My Bay Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Rent My Bay Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Rent My Bay Site for any illegal or unauthorized purpose; and (7) your use of the Rent My Bay Site will not violate any applicable law or regulation; (8) Bays listed on the Rent My Bay platform must be owned by the registered and listed user in his personal or professional capacity and may not be owned or duly owned by another body or entity.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Rent My Bay Site (or any portion thereof). 

You may not use the Rent My Bay Site for any illegal or unauthorized purpose nor may you, in the use, violate any laws. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Rent My Bay Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Rent My Bay Site displayed or offered through the Rent My Bay Site. You understand and agree that the content of the Rent My Bay Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Rent My Bay Site’s content. We do not endorse or recommend any unlawful Offerings and the Rent My Bay Site is provided for informational and advertising purposes only.

PERSONAL INFORMATION

The Rent My Bay Privacy Policy (the “Privacy Policy”) describes how we use Personal Information that we collect through the use of our Platform. The Rent My Bay Privacy Policy is expressly incorporated herein by reference. To the extent the Rent My Bay Privacy Policy addresses an issue, practice, use of information, or disclosure of information not specifically addressed in this Privacy Policy, the Rent My Bay Privacy Policy shall control.

DEFINITIONS

“Personal Information” means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

PROTECTION OF INFORMATION BETWEEN A HOST AND A PARKER

Once a parker has booked and paid for his parking, an automatic email gets sent from Rent My Bay informing the parties of the details of the reserved parking as well as each other’s information. This is done in order to connect the Host with the Parker. Once the parties are in possession of each other’s personal information an onus is placed on them to preserve and protect it.

The misuse and abuse of another’s’ information is strictly prohibited by the Rent My Bay by laws and will not be tolerated. A person that is found guilty of such an offence will be banned from the Rent My Bay platform. Such misuse of information may constitute an offence and be punishable by law.

PROTCTION OF INFORMATION BETWEEN A BODY CORPROTE AND A PARKER

Body Corporates often have many parking bays that they manage. Rent My Bay has designed a management tool allowing Body Corporates to store, manage and maintain multiple Parkers’ information in a safe and secure environment for the purpose of controlling the income and safety of the Parkers. Every person in possession of this information as a result of their employment, has an automatic obligation placed on them, to handle such information in a safe, secure and sensitive manner. Rent My Bay Users will be automatically banned from using our platform if they do not comply this responsibility.

WHAT TYPE OF INFORMATION DOES RENT MY BAY STORE?

1. Information that you give us

We receive, store and process information that you make available to us when accessing or using Rent My Bay. Examples include when you:

1. Create or, fill in any form on Rent My Bays platform, such as when you sign up to receive emails, other correspondence, or telephone calls from us;

2. Access or use Rent My Bay, such as to search for available bays post comments or stories, or communicate with other Rent My Bay users;

3. communicate with Rent My Bay online or in person.

2. Log Data

We may also receive, store and process “Log Data,” which is information that is automatically recorded by our servers whenever you access or use Rent My Bay, such as your IP Address, the date and time you access or use Rent My Bay, the areas you search for Parking the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.

3. Cookies, and other Tracking Technologies

Rent My Bay uses cookies and other similar technologies on the Rent My Bay platform. When you access or use Rent My Bay, you will provide or make available certain information to us in order to utilize the platform.

HOW DOES RENT MY BAY USE YOUR INFORMATION.

When you provide or make available information, including Personal Information, to us through Rent My Bay, we may (1) store and use such information in order to facilitate the parking process between the Host and the Parker. Once a booking has been confirmed, Rent My Bay then provide each party with the others basic information such as Name, surname, and contact details to +affect the transaction.

Rent My Bay uses a safe and secure payment gateway “PayGate” that handles the entire payment process, at no time will Rent My Bay store any personal financial information on our platform.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store. Rent My Bay does not have any control over third party websites.

We may integrate Rent My Bay with third-party sites such as Facebook, so that you can send invitation messages via the third-party site itself. These messages will be sent by the third-party site, and Rent My Bay does not collect or retain the contact information that is used to send them.

CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.

If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on Rent My Bay website or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing Rent My Bay to you, and your only option will be to stop accessing Rent My Bay and cancel your Rent My Bay profile. You can find out more about how to cancel your Rent My Bay profile in this Privacy Policy.

COOKIE POLICY

Rent My Bay uses “cookies” in conjunction with the Rent My Bay platform to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow Rent My Bay to recognize your browser, while another could store your preferences and other information.

Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of Rent My Bay may not work as intended or may not work at all without cookies.

USER REGISTRATION

The user will be required to register with the Rent My Bay Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT

We accept the following forms of payment: Credit Card, EFT Debit /Stop Order with South African Banks Only. You agree to provide current, complete, and accurate purchase and account information for all via the Rent My Bay Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in ZAR (South African Rand).

You agree to pay all charges and fees upon the booking of your registered and listed bay. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Rent My Bay Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per bay, or per booking. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by fraudulent users or for unlawful purposes.

Payments will be paid to the Host on the 1st of each month after the booking has been made. Rent My Bay reserves the right to suspend payment for 7 (Seven days) if an irregularity in the account is found. In the event of hosts using alternative banks other than that of Rent My Bay, please provide for a 48-hour clearing window for monies to reflect.

OUR FEES

Rent My Bay has a fixed Fee structure.

The Host of the Parking will be liable for 5% of the requested booking Fee as well as an additional R10 per pay-out for admin fees.

The Parker will be liable for 5% of the total booking fee as well as a R3 booking fee.

VAT

The Rent My Bay platform is developed to include VAT Vendors and to allow VAT to be charged on their listings. This VAT platform will not apply to most private users unless, they are themselves Vat vendors. Value-Added Tax is commonly known as VAT. VAT is an indirect tax on the consumption of goods and services in the economy. Revenue is raised for government by requiring certain businesses to register and to charge VAT on the taxable supplies of goods and services. These businesses become vendors that act as the agent for government in collecting the VAT. VAT is charged at each stage of the production and distribution process and it is proportional to the price charged for the goods and services.

VAT increased from 14% to 15% from 1 April 2018. VAT is levied on the supply of most goods and services and on the importation of goods. The VAT on the importation of goods is collected by customs. There is a limited range of goods and services which are subject to VAT at the zero rate or are exempt from VAT.

VAT may apply to the Hosts and the Parkers. VAT applies to “any person, which includes a non-resident company, who carries on an enterprise and whose value of taxable supplies exceeds, or is likely to exceed ZAR 1 million in a 12-month period. An enterprise means, among other things, any activity continuously or regularly carried on in, or partly in South Africa, whereby goods and services are supplied to another person for a consideration.”

So, this means that in general, hosts who are in business need to charge VAT on the price of their parking bays with Rent My Bay.

You may be able to deduct your expenses from income taxes, so you should keep your statements of the costs of running your Parking bay that you receive from Rent My Bay.

PARKERS

VAT is charged at the time of payment and is based on the total parking service fee for a reservation. If you change your reservation, the VAT amount will adjust to reflect the change in the service fee.

Rent My Bay collects VAT on the full reservation price plus any fees for other items, such as banking and payment fees.

How do taxes work for Parkers?

Some hosts are required by their business interests to charge tax. We ask that hosts explain any taxes they may be required to collect in their listing description and their communication with guests prior to booking. Private Parkers who are not VAT vendors won’t be able to claim VAT but will still be liable for the full listed amount including 15% VAT. Only Parkers who are VAT registered themselves may claim VAT back.

HOSTS

As a host, if you determine that you need to collect VAT, please keep in mind that you have to collect VAT from your guests and report and remit this VAT in a periodical VAT return. Based on the VAT rules and regulations in South Africa, the pricing for your bay carried out for private and public individuals (B2C) and (B2B) should include the VAT due.

Rent my bay allow Hosts who are VAT vendors the option to list their parking bays VAT inclusive. The reservation fee + 15% VAT will be added to the listing. Upon signup there will be a Vendor registration section that the user needs to complete. This information will be displayed on your invoice statement that you will receive monthly from Rent My Bay and provide the amount paid for the parking bay, the service fee as well as the VAT charged.

If a reservation is changed, VAT adjusts to reflect any change in the service fee.

If you determine that you need to charge tax, it is important that guests are informed of the exact tax amount prior to booking. Rent My Bay does not cater for Hosts who collect tax outside of their listing's rates, VAT will be collected electronically by our secured payment provider and no other collection method will be done.

If you are an VAT registered Host, you should make sure you understand each of the types of taxes, and pay the ones that apply to your experience.

Hosts are advised to consult their nearest local tax offices or their tax advisors as to their specific tax consequences.

INVOICES

Once the booking period has finished or has been renewed, Rent My Bay sends out an Invoice statement to both Host and Parker indicating the amounts Paid and received over that booking period. The Rent my bay Invoice will comply with all the requirements of an Invoice Statement, Including all tax information numbers, details and indicators. Your tax statement will aggregate your added taxes per reservation and include reservation details like listing name and reservation code, as well as total amount paid out. Rent My Bay pays all bookings completed on the 1st of every month. The time it takes for the funds to arrive in your account depends on your pay out method. If you're a new host, we may hold your pay outs for 30 days after your first reservation is confirmed.

After Rent My Bay releases the pay out, it takes some additional time for the money to get to you. The average processing time for each pay out method is:

• South Africa listed bank. Up to 3 business days

• Bank transfer: 2–6 business days

If the 1st falls on a Sunday or Public holiday, Payment will only be made the following day.

Depending on your account status, the taxpayer information you've submitted to Rent My Bay, you may receive a tax statement from Rent My Bay. When submitting your Rent My Bay statements you will need the original tax statement reflecting all the correct information of the Host and or Parker, the Invoice number and reference code, address and info of parking bay, the Rand value and the Tax number.

The Rand and the Tax value have to appear separately. And the VAT clearly identified.

MANAGEMENT TOOL

Rent My bay has developed a podium within our platform to enable Businesses, Body Corporates and Agents to View, Manage and Maintain numerous of parking bays within their overview all at once. This will serve as an aid to enable the smooth management and control of their bays within their Hosted area. Once a Parker has booked and paid for a bay within a Business Park or Managed area, they agree that their personal information be made available for the purpose of Bay control only. This tool will only display the parkers Name, Surname, Telephone number and Email address. No further personal Information will be disclosed or supplied. The Parkers information will be linked to their reserved Bay so that full control may be affected displaying a transparent parking order. This will enable the Management tools user to control all vehicles entering the premises by directing them to their demarcated parking area, eliminating unlawful parking. Furthermore, the user will have a clear overview of the booked bays as well as those that are available for rental.

Businesses using the Rent My Bay management tool agree to use it for the purpose it was intended only, and not sell, transfer or distribute any information contained therein to any outside persons or companies. The negligent use of personal information by a person using the Management tool within the scope of his employment will be the sole responsibility of the Managing company. Rent my Bay provides a safe and secure platform ensuring the safekeeping of all personal information of their members.

The improper use of our Management tool will constitute abuse and misconduct and be in contravention of the POPI Act legislation. Failure to adhere to these requirements will result in banishment and Rent My Bay affiliation.

RETURN/REFUNDS POLICY

All sales are final and no refund will be issued. / Please review our Return Policy posted on the Rent My Bay Site prior to making any purchases. 

PROHIBITED ACTIVITIES

You may not access or use the Rent My Bay Site for any purpose other than that for which we make the Rent My Bay Site available. The Rent My Bay Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Rent My Bay Site, you agree not to:

  1. Systematically retrieve data or other content from the Rent My Bay Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of Rent My Bay Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Rent My Bay Site.
  4. Use the Rent My Bay Site to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Rent My Bay Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Rent My Bay Site and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Rent My Bay Site.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Rent My Bay Site or the networks or services connected to the Rent My Bay Site.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Rent My Bay Site in order to harass, abuse, or harm another person.
  14. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Rent My Bay Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Rent My Bay Site.
  16. Attempt to bypass any measures of the Rent My Bay Site designed to prevent or restrict access to the Rent My Bay Site, or any portion of the Rent My Bay Site.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Rent My Bay Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Rent My Bay Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Rent My Bay Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Rent My Bay Site, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Rent My Bay Site.
  24. Use the Rent My Bay Site in a manner inconsistent with any applicable laws or regulations.
  25. Fines
    • If the Parker does not vacate the parking bay when his agreement expires he will be liable for a fine of R200 paid to the Host. The host has the option to wave this fine if they choose to do so.
    • In the event of an emergency and the parker has not removed his vehicle within the required time frame, the host can notify Rent My Bay whom will exhaust all efforts to contacted the Parker and inform Him/Her to remove the vehicle immediately, if the Parker is not reachable Rent My Bay will have no other option but to have the vehicle towed at the Parkers expense.

USER GENERATED CONTRIBUTIONS

The Rent My Bay Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Rent My Bay Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Rent My Bay Site and through third-party web Rent My Bay Sites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Rent My Bay Site, and other users of the Rent My Bay Site to use your Contributions in any manner contemplated by the Rent My Bay Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Rent My Bay Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Rent My Bay Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Rent My Bay Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Rent My Bay Site [or making Contributions accessible to the Rent My Bay Site by linking your account from the Rent My Bay Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Rent My Bay Site. You are solely responsible for your Contributions to the Rent My Bay Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Rent My Bay Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Rent My Bay Site or Mobile Applications to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Rent My Bay Site via a mobile application either Android or IOS, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any web Rent My Bay Site or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Rent My Bay Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a South African. Government embargo, or that has been designated by the South African. Government as a “terrorist supporting” country and (ii) you are not listed on any South African. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.    

SOCIAL MEDIA

As part of the functionality of the Rent My Bay Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Rent My Bay Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Rent My Bay Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Rent My Bay Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Rent My Bay Site. You will have the ability to disable the connection between your account on the Rent My Bay Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Rent My Bay Site. You can deactivate the connection between the Rent My Bay Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Rent My Bay Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEB RENT MY BAY SITES AND CONTENT

The Rent My Bay Site may contain (or you may be sent via the Rent My Bay Site) links to other web Rent My Bay Sites ("Third-Party Web Rent My Bay Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Web Rent My Bay Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Web Rent My Bay Sites accessed through the Rent My Bay Site or any Third-Party Content posted on, available through, or installed from the Rent My Bay Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Web Rent My Bay Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Web Rent My Bay Sites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Rent My Bay Site and access the Third-Party Web Rent My Bay Sites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web Rent My Bay Site to which you navigate from the Rent My Bay Site or relating to any applications you use or install from the Rent My Bay Site. Any purchases you make through Third-Party Web Rent My Bay Sites will be through other web Rent My Bay Sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Web Rent My Bay Sites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Web Rent My Bay Sites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Rent My Bay Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Rent My Bay Site and any services provided on the Rent My Bay Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Rent My Bay Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Electronic Communications and Transactions Act (“ECTA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for ECTA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

RENT MY BAY SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Rent My Bay Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Rent My Bay Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Rent My Bay Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Rent My Bay Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Rent My Bay Site. By using the Rent My Bay Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Rent My Bay Site are hosted in South Africa. If you access the Rent My Bay Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the Rent My Bay Site, you are transferring your data to the South Africa, and you expressly consent to have your data transferred to and processed in South Africa. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.

Electronic Communications and Transactions ACT (ECTA) NOTICE AND POLICY

Notifications

All Notifications should meet the requirements of ECTA and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Rent My Bay Site are covered by the Notification, a representative list of such works on the Rent My Bay Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Rent My Bay Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Electronic Communications and Transactions Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the ECTA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Magistrate Court in which your address is located, or if your address is outside South Africa, (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Rent My Bay Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE RENT MY BAY SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE RENT MY BAY SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Rent My Bay Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Rent My Bay Site. We also reserve the right to modify or discontinue all or part of the Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Rent My Bay.

We cannot guarantee the Rent My Bay Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Rent My Bay Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Rent My Bay Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Rent My Bay Site during any downtime or discontinuance of the Rent My Bay Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Rent My Bay Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Rent My Bay Site are governed by and construed in accordance with the laws of South Africa applicable to agreements made and to be entirely performed within the State, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state courts located in South Africa, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state courts. 

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 21 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. Your arbitration fees and your share of arbitrator compensation shall be governed by the South Africa Consumer protection Act and, where appropriate. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable CPA rules or applicable law, the arbitration will take place in South Africa. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in South Africa, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state courts. 

In no event shall any Dispute brought by either Party related in any way to the Rent My Bay Site be commenced more than 12 months after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the South Africa. Your arbitration fees and your share of arbitrator compensation shall be governed by the CPA Consumer Rules and, where appropriate, limited by the CPA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable CPA rules or applicable law, the arbitration will take place in South Africa. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in South Africa, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and local courts. 

In no event shall any Dispute brought by either Party related in any way to the Rent My Bay Site or Services be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Rent My Bay Site that contains typographical errors, inaccuracies, or omissions that may relate to Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Rent My Bay Site at any time, without prior notice.

DISCLAIMER

THE RENT MY BAY SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE RENT MY BAY SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE RENT MY BAY SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE RENT MY BAY SITE’S CONTENT OR THE CONTENT OF ANY WEB RENT MY BAY SITES LINKED TO THE RENT MY BAY SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RENT MY BAY SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RENT MY BAY SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE RENT MY BAY SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RENT MY BAY SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RENT MY BAY SITE, ANY HYPERLINKED WEBRENT MY BAY SITE, OR ANY WEBRENT MY BAY SITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE RENT MY BAY SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 3 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [ZAR_300]. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Rent My Bay Site with whom you connected via the Rent My Bay Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

USER DATA

We will maintain certain data that you transmit to the Rent My Bay Site for the purpose of managing the performance of the Offerings, as well as data relating to your use of the Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Rent My Bay.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Rent My Bay Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Rent My Bay Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE RENT MY BAY SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Rent My Bay Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Rent My Bay Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Rent My Bay Site or to receive further information regarding use of the Rent My Bay Site or the Marketplace Offerings, please contact us at: info@rentmybay.co.za.

Terms and conditions as set out by PayGate

1. Detailed description of goods and/or services Rent My Bay (Pty) Ltd is a business in the Motor vehicle industry that offers a parking solution to motorist wishing to find available parking in a specific area.

2. Delivery policy

Subject to availability and receipt of payment, requests will be processed within 31 days and delivery confirmed by way email or Sms. The booking reference number and amount will be contained in the correspondence that you will receive.

3. Export restriction

The offering on this website is available to South African clients only.

4. Return and Refunds policy

The provision of goods and services by Rent My Bay is subject to availability. In cases of unavailability, Rent My Bay will refund the client in full within 31 days. Cancellation of orders by the client will attract a 20 % administration fee.

5. Customer Privacy policy

Rent My Bay shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569.

6. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Rent My Bay bank account, the details of which will be provided on request.

7. Card acquiring and security

Card transactions will be acquired for Rent My Bay via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8. Customer details separate from card details

Customer details will be stored by Rent My Bay separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

9. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10. Responsibility

Rent My Bay takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11. Country of domicile

This website is governed by the laws of South Africa and Rent My Bay chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 705 Protea Hotel North Wharf, 1 Lower Bree Street, Cape Town.

12. Variation

Rent My Bay may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Company information

This website is run by Rent My Bay (Pty) Ltd a Private Company based in South Africa trading as

Rent My Bay and with registration number 2018/064603/07 and Craig Murray and Andreas Botha.

14. Rent My Bay contact details

Rent My Bay (Pty) Ltd Physical Address: 705 Protea Hotel North Wharf, 1 Lower Bree Street, Cape Town South Africa.

Email: info@rentmybay.co.za

Telephone: 0767546462