Terms and Conditions

 

TERMS AND CONDITIONS OF USE

Rent my Space Limited (“Rent my Space”) provides an online platform which connects hosts who have space to rent with persons seeking to rent such space (collectively, the “Services”), which Services are accessible at www.Rent my Space.com (the “Site”) or via an application for mobile devices (the “Mobile Application”). By using the Site or Mobile Application, you confirm that you accept these terms of use (the “Terms”) and that you agree to comply with them, whether or not you become a registered user of the Services. Please read these Terms of use carefully before you start to use our Site or Mobile Application, as these will apply to your use of the Site and/or Mobile Application. We recommend that you print a copy of this for future reference.

If you do not agree to these terms of use, you must not use our Site or Mobile Application.

 

INFORMATION ABOUT US

www.rentmyspace.co.za is a site operated by Rent my Space (Pty/Ltd).

You agree that Rent my Space is not a party to any agreements entered into between Hosts and Users, nor is Rent my Space a property agent or insurer. Rent my Space has no control over the conduct of Hosts, Users and other users of the Site, Mobile Application and Services or any Space, and disclaims all liability in this regard to the extent permitted by law.

 

DEFINITIONS

The following definitions shall apply to these Terms:

Content” means text, graphics, images, music, software, audio, video, information or other materials.

User” means a Member who requests from a Host a booking of a Space via the Site, Mobile Application or Services, or a Member who uses host Space and is not the Host for such Space.

Host” means a Member who creates a Listing via the Site, Mobile Application and Services.

Listing” means a Space that is listed by a Host as available for rental via the Site, Mobile Application and Services.

Member” means a person who completes Rent my Space’s account registration process, including but not limited to Hosts and Users, as described under “Account Registration” below.

Space” means a property, venue,

 “Tax” or “Taxes” means any taxes including VAT (value added tax) whatsoever that Hosts, Users or Members may be required by law to pay to SARS or any other governmental body as applicable.

 

CHANGES TO THESE TERMS

Rent my Space may revise these Terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

CHANGES TO THE SITE

Rent my Space may update the Site, Mobile Application and Services from time to time, and may change the content at any time. However, please note that any of the content on the Site or Mobile Application may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Site or Mobile Application, or any content on either of them, will be free from errors or omissions.

 

THE SITE AND SERVICES

The Site, Mobile Application and Services are used to facilitate the listing and booking of Host’s Space and other properties for use as required (“Space”). Spaces are included in Listings on the Site, Mobile Application and Services by Hosts. If you wish to book a Space or create a Listing, you must register to create a Rent my Space Account (defined below).

For the avoidance of doubt, Rent my Space is not an owner or operator of properties or Space offered, and Rent my Space does not own, sell, resell, furnish, provide, rent, manage and/or control properties or Space. Unless explicitly specified otherwise in the Rent my Space platform, Rent my Space’s responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Application and Services and (ii) accepting payments from Users on behalf of the Host.

Please note that, as stated above, the Site, Mobile Application and Services are to be used to facilitate Hosts and Users connecting and booking Space directly with each other. Rent my Space cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Space listed. Rent my Space is not responsible for and disclaims any and all liability related to any and all Listings and Space offered. Accordingly, any bookings will be made at the User’s own risk.

 

YOUR ACCOUNT AND PASSWORD

In order to book a Space or create a Listing, you must register to create an account (“Rent my Space Account”) and become a Member. You may register to join the Services directly via the Site or Mobile Application or as described in this section.

In addition, you can register to join by logging into your account via certain third-party social networking account (a “Third-Party Account”), via our Site or Mobile Application.

As part of the Site, Mobile Application and Services, you may link your Rent my Space Account to Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Rent my Space through the Site, Services or Mobile Application; or (ii) allowing Rent my Space to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent that you are entitled to disclose your Third-Party Account login information to Rent my Space and/or grant Rent my Space access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the Third-Party Account.

By granting Rent my Space access to any Third-Party Accounts, you understand that Rent my Space will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Mobile Application via your Rent my Space Account and Rent my Space Account profile page.

You have the ability to disable the connection between your Rent my Space Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.

Rent my Space makes no effort to review any Content contained within your Third-Party Account for any purpose, including but not limited to for accuracy, legality or non-infringement and Rent my Space is not responsible for any such Content.

We will create your Rent my Space Account and your Rent my Space Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via your Third Party Account as described above. During this process you will choose a password or any other piece of information as part of our security procedures. You must treat your password as confidential and you must not disclose same to a third party.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, you will take sole responsibility for any activities or actions under your Rent my Space Account, whether or not you have authorised such activities or actions. You will immediately notify Rent my Space of any unauthorised use of your Rent my Space Account.

Rent my Space has the right to disable any Rent my Space Account, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Rent my Space Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, Mobile Application, your Rent my Space Account or your Content, (b) any pending or accepted future bookings as either Host or User will be immediately terminated, (c) we may communicate to your Users or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Users to inform them about potential alternate Space with other Hosts that may be available on the Site, Mobile Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Rent my Space Account.

You may cancel your Rent my Space Account at any time by sending an email to info@rent myspace.co.za

 

Please note that if your Rent my Space Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Mobile Application and Services.

 

SPACE LISTINGS

When applying to make a Listing, you will be asked a variety of questions about the Space to be listed, including, but not limited to the location, size, features, availability, pricing any related rules and financial terms. Rent my Space will promptly notify you as to whether your Listing has been accepted for public display on the Site.

Listings, once accepted by us, will be made publicly available via the Site, Mobile Application and Services. Other Members will be able to book your Space via the Site, Mobile Application and Services based upon the information provided in your Listing. Once a User requests a booking of your Space, you may not request the User to pay a higher price than in the booking request.

For the avoidance of doubt, Rent my Space may choose to reject a Listing application at its own discretion and for any reason, which need not be disclosed to you. You acknowledge and agree that, to the maximum extent permissible by law, Rent my Space shall not be liable for any loss incurred by you in connection with a rejected Listing.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a User’s stay at, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as planning laws and laws governing rental of residential and other properties), Tax requirements, and rules and regulations that may apply to any Space included in a Listing you post (including having all required consents, licenses and registrations), and (b) not conflict with the rights of third parties.

Rent my Space assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Rent my Space reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rent my Space, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Mobile Application or Services.

If a User requests a booking of your Space and stays at your property, any agreement you enter into with such User is between you and the User and Rent my Space is not a party thereto.

When you apply to make a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Space, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Space. Any Member wishing to book Space included in Listings with such requirements must meet these requirements.

You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who resides or works at or are otherwise present at the Space at your request or invitation, excluding the User (and the individuals the User invites to the Space, if applicable).

 

BOOKINGS AND PAYMENT TERMS

Key definitions

“Space Fees” means the amounts that are due and payable by a User in exchange for that User’s stay or usage of a Host’s Space. The Host alone, and not Rent my Space, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Rent my Space platform, or (ii) Taxes that the Host determines that he or she has to collect.

“User Fees” means the fee that Rent my Space charges a User for the use of its online platform, which is calculated as a percentage of the applicable Space Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Host.

“Host Fees” means the fee that Rent my Space charges a Host for the use of its online platform, which is calculated as a fixed fee per calendar month plus a percentage of the Total Fees collected by Rent my Space from time to time. The Host Fees percentage will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective User.

“Service Fees” means collectively the User Fees and the Host Fees.

“Total Fees” means collectively the Space Fees and the User Fees (plus any Taxes in respect of User Fees, such as VAT).

 

Bookings for Hosts

If you are a Host and a booking is requested for your Space via the Site, Mobile Application and/or Services, you will have 24 hours from the time of the booking request to confirm or reject the booking, otherwise the booking request will be automatically cancelled (the “Acceptance Period”). One exception exists in the event that no decision is given by midnight before the commencement time, regardless of the acceptance period time, the request will be automatically cancelled.

For the avoidance of doubt, booking requests cannot be made after midnight prior to the proposed commencement time of that booking.

When a booking is requested via the Site, Mobile Application and/or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User’s Rent my Space Account profile page, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Acceptance Period, any amounts collected by Rent my Space for the requested booking will be refunded to the applicable User’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a User, Rent my Space will send you an email or text message confirming such booking.

Rent my Space will collect the Total Fees at the time of booking confirmation (i.e. when the User confirms the booking request) and will initiate payment of the Space Fees (less Rent my Space’s User Fees and any Taxes in respect of the User’s Fees, such as VAT) to the Host within 24 hours of when the User arrives at the applicable Space. The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

Each Host agrees that Rent my Space may (i) permit the User to cancel the booking and (ii) refund to the User that portion of the Space Fees specified in the cancellation policy set out hereinbelow.

Rent my Space does not guarantee payments to Hosts for amounts that have not been successfully received by Rent my Space from Users.

 

Bookings for Users

The Hosts, and not Rent my Space, are solely responsible for honouring any confirmed bookings and making available any Space reserved through the Site, Mobile Application and/or Services.

If you, as a User, choose to enter into a transaction with a Host for the booking of a Hosts Space, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host. You acknowledge and agree that you, and not Rent my Space, will be responsible for performing the obligations of any such agreements and, with the exception of its payment obligations hereunder, Rent my Space shall not be liable in respect of any claim arising from or related to any such agreements.

Upon your payment of the Total Fees to Rent my Space, your payment obligation to the Host for the Space Fees is extinguished, and Rent my Space is responsible for remitting the Space Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT), in the manner described in these Terms. In the event that Rent my Space does not remit any such amounts as described in these Terms, such Host will have recourse only against Rent my Space.

The Total Fees payable will be displayed to a User before the User sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Acceptance Period, otherwise the requested booking will be automatically cancelled (again for the avoidance of doubt, booking requests cannot be made less than 12 hours prior to the proposed commencement time of that booking). If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Rent my Space will be refunded to such User, in accordance with the cancellation policy set out within these Terms, and any pre-authorisation of such User’s credit card will be released, if applicable.

You as a User agree to pay Rent my Space the Total Fees for any booking requested in connection with your Rent my Space Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Rent my Space, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound (R1), to verify your credit card. Once Rent my Space receives confirmation of your booking from the applicable Host, Rent my Space will collect the Total Fees in accordance with these Terms. Please note that Rent my Space cannot control any fees that may be charged to a User by his or her bank related to Rent my Space’s collection of the Total Fees, and Rent my Space disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Rent my Space or its third-party payment processor(s). You agree to pay Rent my Space for any confirmed bookings made in connection with your Rent my Space Account in accordance with these Terms. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Rent my Space or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site and/or Mobile Application. You also authorise Rent my Space to charge your credit card in the event of damage caused at a Space as contemplated under “Damage to Residential Office Space” below.

If you are directed to Rent my Space’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.

 

Service Fees

In consideration for the use of Rent my Space’s online marketplace and platform, Rent my Space charges the Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Host Fees and User Fees. Rent my Space deducts the Host Fees from the Space Fees before remitting the balance to the Host as described in these Terms. User Fees are, as noted above, included in the Total Fees.

Except as otherwise provided herein, Service Fees are non-refundable.

 

General Booking and Financial Terms

 

User Cancellation

If a User cancels their requested booking more than 24 hours prior to the time at which the booking is due to commence, no cancellation fee shall be payable by the User to Rent my Space and/or the Host.

If a User cancels their requested booking less than 24 hours prior to the time at which the booking is due to commence, Rent my Space shall be entitled to retain 20% of the Total Fees (the “User Cancellation Fee”). The User Cancellation Fee shall be divided between Rent my Space and the relevant Host in the following proportions:

(i) 90% of the User Cancellation Fee shall be forwarded to the Host; and

(ii) 10% of the User Cancellation Fee shall be retained by Rent my Space.

 

Host Cancellation

If a Host cancels a confirmed booking made via the Site or Mobile Application (i) Rent my Space will refund the Total Fees for such booking to the applicable User within a reasonable time of the cancellation and (ii) the User will receive a confirmatory email or other communication from Rent my Space containing alternative Listings and other related information.

If, as a Host, you cancel a confirmed booking, Rent my Space may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts) (the “Host Cancellation Fee”). You will be notified of the situations in which a Host Cancellation Fee applies before you decide to cancel.

 

Tax

Hosts, Members and Users hereby understand and agree:

(i) Rent my Space shall not be held liable or responsible for any Tax issues that arise whatsoever in connection with the Host’s, User’s or Member’s own tax position;

(ii) The Hosts, Users and Members are solely responsible for determining the correct Tax reporting requirements for them and they are solely responsible for remitting any taxes due to HMRC or any other relevant bodies as necessary;

(iii) Rent my Space shall not be responsible for the provision of Tax advice to the Hosts, Users or Members;

(iv) Valid VAT invoices may be issued where relevant and if requested;

(v) Rent my Space may be required by law to provide details to SARS regarding payments received by Hosts, Users or Members and any Taxes to be withheld; and

(vi) Those Hosts, Users and Members who are not residents of the South Africa must seek independent Tax advice for liabilities arising from any fees or other income received in connection with a Listing.

 

Recurring Payments

In some instances, Users may be required to make recurring payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Space (collectively, “Recurring Payments”).

If Recurring Payments apply to a confirmed booking, then the User authorises Rent my Space, on behalf of the Host, to collect the Total Fees and the Host agrees that Rent my Space will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.

 

Damage to Host’s Space

As a User, you are responsible for leaving the Space in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Space.

In the event that a Host provides evidence of damage you hereby agree to pay the cost of replacing/repairing those damaged items to the extent that such cost is not covered by the Rent my Space insurance policy. For the avoidance of doubt, Rent my Space shall have no liability in respect of any damage costs required to be paid by the User which is in excess of the coverage provided by the Rent my Space insurance policy.

Any necessary payment will be charged to and taken from the credit card on file in your Rent my Space Account. Rent my Space also reserves the right to charge the credit card on file in your Rent my Space Account, or otherwise collect payment from you. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space to the applicable Host or to Rent my Space (if applicable).

Both Users and Hosts agree to cooperate with and assist Rent my Space in good faith, and to provide Rent my Space with such information and take such actions as may be reasonably requested by Rent my Space, in connection with any complaints or claims made by Members relating to Host’s Space.

 

INSURANCE

All properties listed as Space (excluding those outside of the ZAR) will be covered under our Rent my Space insurance package (see policy details and coverage at www.rentmy space.co.za).

 

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload Content to the Site or Mobile Application, or to make contact with other users of the Site or Mobile Application, you must comply with the Content standards set out in Rent my Space’s Acceptable Use Policy (see www.rentmyspace.co.za).

You warrant that any such contribution does comply with those standards, and you will be liable to Rent my Space and indemnify Rent my Space for any breach of that warranty.

Any Content you upload to the Site or Mobile Application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant Rent my Space and other users of the Site and Mobile Application a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to Rent my Space are described in the next paragraph (Rights you licence).

Rent my Space also has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site or Mobile Application constitutes a violation of their intellectual property rights, or of their right to privacy.

Rent my Space will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Site or Mobile Application.

Rent my Space has the right to remove any posting you make on the Site or Mobile Application if, in its opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy.

The views expressed by other users on the Site and Mobile Application do not represent the views or values of Rent my Space.

You are solely responsible for securing and backing up your Content.

 

RIGHTS YOU LICENCE

When you upload or post Content to the Site and/or Mobile Application, you grant to Rent my Space a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site, Mobile Application and Services.

 

PRIVACY

See Rent my Space’s Privacy Policy at www.rentmyspace.co.za for information and notices concerning Rent my Space’s collection and use of your personal information.

 

THIRD PARTY LINKS AND RESOURCES IN THE SITE

Where the Site or Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your information only.

Rent my Space has no control over the contents of those sites or resources.

 

INTELLECTUAL PROPERTY RIGHTS

Rent my Space is the owner or the licensee of all intellectual property rights in the Site and Mobile Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital 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.

Rent my Space’s status (and that of any identified contributors) as the authors of content on the Site and Mobile Application must always be acknowledged.

You must not use any part of the Content on the Site or Mobile Application for commercial purposes without obtaining a licence to do so from Rent my Space or Rent my Space’s licensors.

If you print off, copy or download any part of the Site or Mobile Application in breach of these Terms, your right to use both the Site and Mobile Application will cease immediately and you must, at Rent my Space’s option, return or destroy any copies of the materials you have made.

 

NO RELIANCE ON INFORMATION

The content on the Site and Mobile Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site or Mobile Application.

Although Rent my Space make reasonable efforts to update the information on the Site and Mobile Application, Rent my Space makes no representations, warranties or guarantees, whether express or implied, that the Content on the Site and Mobile Application is accurate, complete or up-to-date.

 

VIRUSES

Rent my Space does not guarantee that the Site and Mobile Application will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and Mobile Application (if applicable). You should use your own virus protection software.

You must not misuse the Site or Mobile Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or Mobile Application, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site or Mobile Application (if applicable) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use both the Site and Mobile Application will cease immediately.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

If you choose to use the Site, Mobile Application, Services or Content you do so at your own risk.

The Site, Mobile Application, Services and Content are provided without warranty of any kind, either express or implied. Without limiting the foregoing, Rent my Space explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Rent my Space makes no warranty that the Site, Mobile Application, Services, Content, including, but not limited to, the listings or any Space will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

You are solely responsible for all of your communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, any Hosts or Users. Rent my Space makes no representations or warranties as to the conduct of Users of the Site, Mobile Application or Services or their compatibility with any current or future Users of the Site, Mobile Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, Users and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Rent my Space.

Rent my Space hereby explicitly disclaims all liability for any act or omission of any User or other third party.

Nothing in these Terms excludes or limits Rent my Space’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Northern Irish law.

To the extent permitted by law, Rent my Space excludes all conditions, warranties, representations or other terms which may apply to the Site, Mobile Application, Services or any Content on it, whether express or implied.

Rent my Space will not be liable to any User or Host for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Site; or

• use of, or inability to use, the Services; or

• use of, or inability to use, the Mobile Application; or

• use of Residential Office Space; or

• any contact you have with other Users of Rent my Space whether in person or online; or

• use of or reliance on any Content displayed on the Site; or

• use of or reliance on any Content displayed on the Mobile Application.

Please note that in particular, Rent my Space will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings (including, without limitation, any Tax reliefs);

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

Rent my Space will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or Mobile Application or to your downloading of any Content on either of them, or on any website linked to either of them.

We assume no responsibility for the content of websites linked on the Site or Mobile Application. Such links should not be interpreted as endorsement by Rent my Space of those linked websites. Rent my Space will not be liable for any loss or damage that may arise from your use of them.

Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Rent my Space’s aggregate liability arising out of or in connection with these Terms and your use of the Site, Mobile Application and Services including, but not limited to, from your Listing or booking of any Space via the Site, Mobile Application and Services, or from the use of or inability to use the Site, Mobile Application, Services, or Content and in connection with any Space or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site, Mobile Application and Services as a User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Rent my Space to you in the twelve (12) month period prior to the event giving rise to the liability, or one thousand rand (R1,000), if no such payments have been made, as applicable.

 

INDEMNITY

You agree to indemnify, and hold Rent my Space and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any Tax, legal and/or accounting fees, arising out of or in connection with (a) your access to or use of the Site, Mobile Application, Services, or Content or your violation of these Terms; (b) your (i) interaction with any Member, (ii) booking of a Residential Office Space, or (iii) creation of a Listing; and (c) the use, condition or rental of a Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Residential Office Space.

 

ASSIGNMENT

You may not assign or transfer these Terms without Rent my Space’s prior written consent. Rent my Space may freely assign or transfer these Terms, at its sole discretion, without restriction.

 

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rent my Space (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Mobile Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.

The courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

 

MISCELLANEOUS

No failure or delay by Rent my Space to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Rent my Space shall prevent or restrict the further exercise of that or any other right or remedy.

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.

 

PAYMENT GATEWAY TERMS AND CONDITIONS

Detailed description of goods and/or services

Rent My Space is a business in the services industry that provides a marketplace for landlords and tenants.

 

Return and Refunds policy

The provision of goods and services by Rent My Space is subject to availability. In cases of unavailability, Rent My Space will refund the client in full within 30 days. Cancellation of orders by the client will attract a 9 % administration fee. (If appropriate – provide details of your policy regarding damaged goods. Also mention guarantees, warranties, etc.)

 

Customer Privacy policy

Rent My Space 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

 

Payment options accepted

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

 

Card acquiring and security

Card transactions will be acquired for Rent My Space 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.

 

Customer details separate from card details

Customer details will be stored by Rent My Space 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

 

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).

 

Responsibility

Rent My Space 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.

 

Country of domicile

This website is governed by the laws of South Africa and Rent My Space 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,.

 

Variation

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

 

Company information

This website is run by Rent My Space (private company) based in South Africa trading as services company and with registration number 2016/383892/07 and Marc Paravano (Director).

 

Rent My Space contact details

Email: info@rentmyspace.co.za     Telephone: 011 - 884 3600