Terms of Service
OnRotate is a digital peer-to-peer wardrobe rental Platform. The OnRotate Services allows Members to rent and lend clothes, shoes and accessories (not limited to) to other Members, with OnRotate providing the online Platform for Members to display their item(s) and OnRotate acting only in the capacity as an intermediary between Renters and Lenders.
OnRotate reserve the right to accept or reject any membership application for an account to use the OnRotate Services at our sole and absolute discretion.
Content: any photos, text, audio clips, video clips or any other information uploaded to the OnRotate Services including any reviews.
Estimated Market Value: a reasonable estimate of the current market value of an Item(s) by the Lender. In the event the Renter disputes the estimate made by the Lender, OnRotate will determine the Estimated Market Value. OnRotate’s determination is final and binding on both the Lender and Renter. The estimate may change from time to time.
Fee Avoidance: any action by a Renter or Lender to avoid paying OnRotate’s Service Fees. This includes but is not limited to any steps taken to direct Users to alternative sites or directly communicating with Users for the purposes of completing a transaction outside of the OnRotate Services.
Fit Guarantee: under OnRotate’s 100% Fit Guarantee, the Renter is entitled to a Rental Fee refund (less dry cleaning and delivery fees) should the Item(s) not fit. To claim the Fit Guarantee, the Renter must advise the Platform within four (4) hours of accepting the delivery via firstname.lastname@example.org.
The Renter must then return the Item(s) within twenty-four (24) hours of the Rental Commencement Date. OnRotate will process any refund due once the Item(s) has been returned to and received by the Lender. Late Fees will apply as per clause 10.8.1.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and services marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item(s): including but not limited to dresses, bags, tops, shoes, accessories, jumpsuits, trousers, skirts and outerwear.
Lend/Lending: to Lend an Item(s) via the OnRotate Services for a fee from a Renter subject to the Lenders’ Terms.
Lender(s): A Member who uploads information about Item(s) available to Rent through the OnRotate Services subject to these Terms.
Lenders’ Terms: the additional terms incorporated into these Terms that apply to Lenders set out in Clauses 23-27 of these Terms.
Listing: means your Item(s)Listing for Rent on the OnRotate Platform.
Member(s): any individual who has registered and been accepted to use the OnRotate Services as a Lender or Renter. Members log in to access the OnRotate Services, upload information as a Lender about Item(s) they may wish to Rent to Renters or search for Item(s) as a Renter, request to Rent and correspond with other Members for the purpose of facilitating a Rental.
OnRotate: The Brand Collective, OnRotate, we, us, our.
OnRotate Platform: the website www.OnRotate.com and/or the mobile application made available by OnRotate.
OnRotate Services: means the OnRotate Platform and Services and Content provided through the OnRotate Platform including the facilitation of peer-to-peer wardrobe Rentals of clothing and accessories.
Rent/Renting/Rental: to Rent an Item(s) via the OnRotate Services for a fee from a Lender by a Renter subject to the Renters’ Terms.
Rental Commencement Date: the date on which the Rental of an Item(s) begins. This is deemed to be the date the Rental is due to start as booked on the OnRotate Services and as detailed in your confirmation email and account dashboard.
Rental Fee(s): means the fee to Rent the Item(s) as set by the Lender.
Rental Period: the length of time the Item(s) is available for as set out on the OnRotate Services. The Rental Period is measured from the date the Rental is due to start as booked on the OnRotate Services (and includes public holidays, weekends and other holidays) to the day the Item(s) must be returned to the Lender (before 12pm).
Rental Request: a request made by a prospective Renter to Rent an Item(s) from a Lender for a specified period of time subject to these Terms and all applicable fees.
Renter(s): a Member(s) who wishes to Rent Item(s) available through the OnRotate Services subject to these Terms.
Renters’ Terms: the additional terms incorporated into these Terms that apply to Renters set out in Clauses 18-22 of these Terms.
Review(s): a brief summary of a Renter or Lenders’ experience of Renting or Lending an Item(s) through the OnRotate Services. Reviews will be visible on both the Renter and Lenders’ profiles.
Service Fee(s): has the meaning given to it in Clause 10.1.1.
User(s): both Members and Visitors.
Visitor(s): people who are visitors to the OnRotate Services and are not yet registered as Members.
1. What is OnRotate
OnRotate operates a Platform that allows:
1.1. Lenders to advertise items to rent out;
1.2. Lenders and Renters to communicate with each other and to enter into agreements to lend or rent such item(s);
1.3. Renters to pay Lenders for renting the relevant item(s); and
1.4. Lenders and Renters to resolve disputes concerning the rented item(s).
2. Who We Are
The OnRotate Services are owned and operated by The Brand Collective, a private limited company registered in South Africa under company number K2021/667485/07 and with a registered office at 46 Leeuwenhof Road, Gardens, Cape Town, 8001.
If OnRotate needs to contact you, it will be by telephone or by writing to you at the email or postal address you provided to us at registration.
We value hearing from our Users and are always interested in how we can improve the OnRotate Services. Please feel free to email us at email@example.com.
3. OnRotate’s Role
3.1. OnRotate’s role is as an intermediary only. The OnRotate Services connect Lenders and Renters to facilitate the sharing of clothing and accessories on a peer-to-peer basis as follows:
3.1.1. we allow Lenders to use the OnRotate Services to list an item(s) to rent to other OnRotate Members;
3.1.2. we allow Renters to use the OnRotate Services to rent an item(s) from other OnRotate Members;
3.1.3. we will only be working as an intermediary once there has been a transaction entered into between Lenders and Renters. If there is any form of agreement between the two parties to rent or lend any item(s), this is between the relevant Lender and Renter only;
3.1.4. although we attempt to provide the OnRotate Services to ensure it is beneficial for both the Lender and Renter, OnRotate cannot be held liable for the conduct of Users of the OnRotate Services; and
3.1.5. we have the right to remove or request the withdrawal of any item(s) listed by a Lender, any rental request made by a Renter, or any transaction made between the two parties. If OnRotate reasonably believes any listing, request or transaction does not comply with these Terms, the Renters’ Terms or Lenders’ Terms, written notice of the removal or request to withdraw will be provided to the parties involved.
3.2. When you use OnRotate as a Lender:
3.2.1. when lending an item(s) to a Renter as a Lender, you acknowledge that you are part of a separate contract with the Renter, that this contract is a binding agreement and that you will abide by both the Lenders’ Terms and the Terms;
3.2.2. you are also aware that the Renter is not acting on behalf of OnRotate. Any agreement that forms through lending an item(s) to a Renter is with the Renter only. OnRotate will not be held liable for any loss or liability suffered by you as a Lender due to the acts or omissions of the Renter; and
3.2.3. you accept that you are wholly and exclusively responsible for complying with the Lenders’ Terms. You also acknowledge that you are responsible for any compensation due to the Renter for any non-compliance on your behalf including but not limited to making sure that the item(s) which has been listed matches the description attached. You also agree that OnRotate is not liable for any non-compliance on your part and we will not be liable to compensate the Renter for any breach in the agreement between you and the Renter.
3.3. When you use OnRotate as a Renter:
3.3.1. when renting an item(s) from a Lender as a Renter, you understand that you are part of a separate contract with the Lender, that this contract is a binding agreement and that you will abide by both the Renters’ Terms and the Terms;
3.3.2. you are also aware that the Lender is not acting on behalf of OnRotate. Any agreement that forms through renting an item(s) from a Lender is with the Lender only. OnRotate will not be held liable for any loss or liability suffered by you as a Renter due to the acts or omissions of the Lender; and
3.3.3. you accept that you are wholly and exclusively responsible for complying with the Renters’ Terms. You also acknowledge that you are responsible for any compensation due to the Lender as a result of any loss or damage to the item(s). You also agree that OnRotate is not liable for any non-compliance on your part and we will not be liable to compensate the Lender for any breach in the agreement between you and the Lender.
4.1. OnRotate retains the right to make changes to the OnRotate Services and these Terms to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements to the OnRotate Services or the way we offer the OnRotate Services to you, for example to respond to a security threat. These changes will not materially affect your use of the OnRotate Services. You should revisit these Terms each time you use the OnRotate Services in case they have changed.
4.2. OnRotate is always looking at ways to improve the OnRotate Services and to try and find new and innovative features and improvements to our services. In order to do this, we may need to update, reset, stop offering and/or supporting a particular aspect or feature of the OnRotate Services. These changes may affect your past activities, features you use and content you have posted and any other information you have submitted to the OnRotate Platform. Subject to Clause 4.3, once we have made the changes to any part of the OnRotate Services, your continued use of the OnRotate Services will show that you have accepted any changes to the OnRotate Services.
4.3. In the event that we make any significant changes to the OnRotate Services or these Terms, we will notify you and you may have the right to end these Terms before the changes take effect.
5. Access And Viability
5.1. We will use all reasonable endeavours to ensure that the OnRotate Services are fully operational at all times. However, we do not guarantee that the OnRotate Services or any content on it, will always be available or be uninterrupted.
5.2. Access to the OnRotate Services are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of the OnRotate Services without notice. We will not be liable to you if for any reason the OnRotate Services are unavailable at any time or for any period.
5.3. You are responsible for making all arrangements necessary for you to have access to the OnRotate Services. You are also responsible for ensuring that all persons who access the OnRotate Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.4. We reserve our right to restrict, suspend or terminate your use of the OnRotate Services or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and other applicable terms and conditions.
6. Use Of The OnRotate Platform
6.1. In order to access and make use of the OnRotate Services, you must register an account and become a Member. It is possible to register an account in a personal capacity or for a company or other legal entity. To activate your account, you must confirm via the email confirmation you will receive. You will then be free to access the non-transactional functionality of the OnRotate Services. In order to use the transactional functionality i.e. to lend or rent an item(s) you must complete registration through our identity verification process. To comply with legal requirements we may require identity documentation (e.g. identity document, passport etc.) to be able to verify your identity and enable us to open your account. We reserve the right to send any identity documentation provided to us by our identity verification provider to our payment processor.
6.2. Use of the OnRotate Services is intended for Members only. We are under no obligation to accept any individual as a Member and, may accept or reject any membership application at our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it is determined that a Member has violated these Terms (including the Renters’ or Lenders’ Terms).
6.3. Unless otherwise explicitly permitted by OnRotate, you may register one (1) account.
6.4. To create an account, you confirm that:
6.4.1. you are over 18 and capable in your country of residence of entering into a legally binding agreement;
6.4.2. you will complete our identity verification process carried out by our third-party verification provider;
6.4.3. if you are registering an account on behalf of a company or other entity you warrant that you have all necessary permissions and authority to bind that company or entity and that you are entitled to give us the licences and permission required under these Terms;
6.4.4. all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. You can update or correct your personal details at any time in your account dashboard when you are logged in or by emailing us at firstname.lastname@example.org;
6.4.5. you are responsible for maintaining the confidentiality of your account details and for any activities that occur under your account. If you have any concerns that your account may have been misused, you should contact us at email@example.com ; and
6.4.6. you have all relevant rights, licences and/or approvals in relation to any material or content you post on the OnRotate Services.
6.5. When you create your account, you may do so using an email address and password, or by connecting through a social media account (including but not limited to Facebook and Google). If you choose to connect via a social media account, you may disable the link between that account and your OnRotate account in the settings section of your social media account.
6.6. When you use the OnRotate Services you accept that you will not:
6.6.1. breach any applicable laws or regulations that apply;
6.6.2. breach any of the Terms;
6.6.3. when acting as a Lender, breach any of the Lenders’ Terms;
6.6.4. when acting as a Renter, breach any of the Renters’ Terms;
6.6.5. post or take any threatening, abusive, defamatory, obscene, inappropriate action or post any indecent material, or material or action that is invasive of another’s privacy (including but not limited to other Users and OnRotate employees);
6.6.6. share or otherwise upload or communicate any misleading or false information or messages of any kind;
6.6.7. use the OnRotate Services to intentionally deceive other Users;
6.6.8. use the OnRotate Services to stalk or otherwise harass other Users;
6.6.9. use the OnRotate Services if we have suspended or banned you from using it;
6.6.10. infringe the Intellectual Property Rights of any third-party;
6.6.11. distribute any viruses or any other technologies that may harm the OnRotate Services or it’s Users;
6.6.12. interfere with the proper working of the OnRotate Services;
6.6.13. copy, modify, or distribute any other person’s content without their consent;
6.6.14. use any robot, spider, scraper or other automated means to access the OnRotate Services and/or collect content or data for any purpose;
6.6.15. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
6.6.16. copy, modify or distribute rights or content or collect data from the OnRotate Services, applications or tools or otherwise infringe OnRotate’s Intellectual Property Rights;
6.6.17. bypass, disable or attempt to disable any security measures used in connection with the OnRotate Services;
6.6.18. collect any data (including personal data) from the OnRotate Services other than in accordance with these Terms and applicable laws;
6.6.19. list a counterfeit item(s) or otherwise infringe the copyright, trademark or other rights of third parties;
6.6.20. write and post reviews that are anything other than true and accurate to the best of your knowledge; and
6.6.21. impersonate any person or misrepresent your affiliation with a person or entity.
6.7. It is explicitly prohibited to use our Member-to-Member communication system to send content that violates these Terms or spam of any kind. We reserve the right to scan internal messages to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content. Please note, the messages sent through internal systems are not stored indefinitely and you must not rely on the storage of those messages.
6.8. You indemnify OnRotate against any threatened legal proceeding or claims issued against OnRotate by another person on the basis of your breach of the Terms.
6.9. Your account may not be shared with or transferred to another; it is for your personal use only. You must keep your account details secure and you are solely responsible for all activities carried out on or through your account. If you do not take all reasonable steps to protect your account information, OnRotate is not liable for any losses incurred as a result of your account being accessed or used by someone else.
7. The OnRotate Services
7.1. Subject to your agreement and compliance with these Terms, you are granted during the term of this agreement a non-transferable, non-exclusive, non-sublicensable licence to access and use the OnRotate Services for your personal use.
7.2. You understand that your use of the OnRotate Services does not confer to you any Intellectual Property Rights held by OnRotate and/or its licensors. You are merely given a licence to use the OnRotate Services in accordance with these Terms.
7.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the OnRotate Services other than for your own personal use.
7.4. You agree that you will not reverse engineer, copy or otherwise attempt to discern the source code, algorithms or underlying ideas of the OnRotate Services nor will you allow any other individuals or third parties to do so.
7.5. You must not misuse our OnRotate Services 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 OnRotate Services, the server on which our OnRotate Services is stored, or any server, computer or database connected to the OnRotate Services. You must not attack our OnRotate Services via a denial-of-services attack or a distributed denial-of services attack. A breach of this provision is a criminal offence under the Cybercrimes Act 2021. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our OnRotate Services will cease immediately.
7.6. You agree that you shall not under any circumstances harm, tarnish or damage the OnRotate brand or perception of OnRotate in any way, knowingly or otherwise, by unauthorised use of Members’ content, registering or using any trademarks, domain names, trade names or derivations thereof that may imitate or are similar enough as to be confusing.
8. Intellectual Property
8.1. We are the owner or the licence of all Intellectual Property Rights in the OnRotate Services and any services associated with it, and in the material published on it (including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. Members agree not to otherwise reproduce, duplicate, copy, resell or in any other manner reuse or exploit any part of our OnRotate Services or the content on our OnRotate Services unless given express written permission to do so by us.
8.3. You have no Intellectual Property Rights arising from the OnRotate Services and you will not use the material on our OnRotate Services save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licences to use and/or submit materials and content to the OnRotate Services.
8.4. You must not extract or otherwise use any content or data on the OnRotate Platform for commercial purposes.
9. Content Uploaded By OnRotate Members And Listings
9.1. You expressly acknowledge and agree that content and certain data you submit for inclusion on the OnRotate Services will be accessible by others. You expressly acknowledge that you are waiving any rights to confidentiality or privacy for any content which you make available, including, without limitation, any personally identifying information that you may make available.
9.2. You acknowledge and accept that any content that you upload onto the OnRotate Services is wholly your responsibility. You warrant that you have the necessary rights for the content that you upload on the OnRotate Servicesand any publication of said content will not infringe upon the rights of any third parties (including Intellectual Property Rights). You further accept that if there is any loss suffered by OnRotate due to your breach of the Terms, then you shall compensate OnRotate for any resulting liability.
9.3. You promise to contribute only true, accurate and unenhanced photographs of the item(s) and guarantee you hold all of the applicable rights. OnRotate reserves the right to remove any photos we consider tampered with, of lower than acceptable quality or unfit for the purpose of accurately displaying the item(s).
9.4. You understand that the content you upload will not be constantly monitored by OnRotate, however, if we do find that the content you upload does not comply with these Terms or is unsuitable, OnRotate is able to remove any content at its sole discretion.
9.5. You acknowledge that, though we will do our best to monitor and maintain the accuracy of information on the OnRotate Services, any reliance on your part on content posted by other Members is done so at your own risk. You warrant that you will not hold us liable for any resulting loss or damage.
9.6. You retain all Intellectual Property Rights in and to your own content. By uploading your content on to the OnRotate Services you hereby give OnRotate a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual licence to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content as reasonably necessary to provide the OnRotate Services.
9.7. You acknowledge and agree that content you upload to the OnRotate Services including but not limited to the listing may be shared with or displayed in both online and offline advertisements, in emails, and on other websites and applications to promote OnRotate and increase the visibility of the OnRotate Services.
9.8. OnRotate’s use of information from third parties:
9.8.1. if an item(s) is uploaded without all the required details, we reserve the right to contact third parties to provide such extra details. The information we gain from third parties may include specifications, images, and additional descriptions. This information provided by third parties will only be used for the period your item(s) is listed on the OnRotate Services; and
9.8.2. in the event we add information from third parties to an item(s) as per Clause 9.8.1 you may not have the opportunity to approve any changes to the content prior to the content being uploaded to the OnRotate Services. OnRotate is not liable for the accuracy of that material. If you find any problems with the material once the content is uploaded, you may contact us through email at firstname.lastname@example.org.
9.9. You agree that you shall not register any content which is infringing, offensive or threatening. If any content posted is later found to be infringing, offensive or threatening, you hereby agree to remove it immediately. If you fail to do so OnRotate reserves the right to remove the relevant content in accordance with Clause 9.11.
9.10. If any of the content listed or submitted to the OnRotate Services by other Users makes you feel threatened, discriminated, abused or otherwise uncomfortable, or if you believe any such content is offensive or otherwise breaches these Terms, please contact us at email@example.com.
9.11. OnRotate’s right to remove content:
9.11.1. Without any delay or notice, OnRotate may promptly remove (or ask you to remove) any content from the OnRotate Services; permanently or temporarily restrict your ability to upload any additional content on the OnRotate Services; restrict your ability to rent or lend an item(s) through the OnRotate Services; temporarily or permanently disable your access to the OnRotate Services or take any other action that we believe is necessary if we believe:
18.104.22.168. you have breached or are not acting in a manner consistent with these Terms;
22.214.171.124. you have participated in such activities which are illegal or dishonest or the actions you performed may end up causing a loss (financial or otherwise) or a lawful suit against OnRotate or our Users;
126.96.36.199. the Item(s) which are uploaded are either not correct or not accurate;
188.8.131.52. you have been trying to partake in Fee Avoidance or fraudulent activity; and
184.108.40.206. it is necessary to do so by law or to ensure protection of the interests of OnRotate’s Users.
9.12. The order of listings appearing in search results is not indicative of a preference for any particular listing or Lender by OnRotate and is dependent on various factors such as the search parameters employed by a Renter, the price and availability of the item(s), prior cancellations and reviews.
10. Fees And Charges
10.1. There are three (3) applicable fees to any transaction:
10.1.1. the Service Fee;
10.1.1.1. as a Lender, you agree to pay OnRotate a commission of 15% of the Rental Fee; and
10.1.1.2. as a Renter, you agree to pay OnRotate a commission of 15% of the Rental Fee, (together, the “Service Fee”).
10.1.2. the Rental Fee; and
10.1.3. an optional ZAR50 Damage Protection Fee to cover any minor stains or damage to each item(s).
10.2. Each time there is a transaction between a Lender and Renter for an item(s) that is available for rent:
10.2.1. as the Lender, you agree to pay OnRotate a 15% Service Fee per Clause 10.1.1.1. above; and
10.2.2. as the Renter, you agree to pay OnRotate a 15% Service Fee per Clause 10.1.1.2. above. If you submit a rental request and this is accepted by the Lender, you are liable to pay the Rental Fee, the Service Fee, the optional Damage Protection Fee and up to the Estimated Market Value in the event that you cause any damage to the item(s).
10.3. OnRotate will release the payment to the Lender within 5 days of the rental commencement date.
10.4. We work with Paygate to manage our secure payment process:
10.4.1. as we use Paygate to regulate our payment process this means that the Paygate Terms of Services is applicable to you and by accepting these Terms, you are accepting Paygate Terms of Services as well;
10.4.2. as payment is processed through Paygate, we require you to covenant that any details you are providing to us about your business and yourself are neither fraudulent nor inaccurate and you give OnRotate authorisation to share such information with Paygate; and
10.4.3. from time to time Paygate may require further identification checks, to be able to use the OnRotate Services and you will need to provide the further information requested.
10.5. All of the fees that apply are to be paid in South African Rands (ZAR) and are subject to change over time. We will alert you to these changes by posting them on the OnRotate Services and circulating a notification email to our Members.
10.6. Additionally, there may be changes to our fees during our promotional events or if any new services are added.
10.7. You have agreed that you use OnRotate for particular services and you will not attempt to complete transactions outside the OnRotate Services for the purpose of Fee Avoidance. In the event a User does engage in Fee Avoidance, then you shall indemnify us in regard to the loss suffered by us due to the Fee Avoidance. In the event you attempt to engage with other Users outside the OnRotate Services for a rental transaction then you shall be liable to pay a penalty charge of ZAR250 regardless of whether the transaction occurred or not.
10.8. If, as a Renter, you do not return the item(s) before 12pm on the final day of the rental period, you agree you will be charged the following fees:
10.8.1. a ZAR50 Late Fee each day after the last day of your rental;
10.8.2. the applicable Rental Fee pro rata to the number of days you keep the item(s);
10.8.3. all applicable taxes to the transaction; and
10.8.4. any reasonable legal expenses incurred by the Lender in retrieving the item(s).
10.8.5. the funds will be taken from your account to cover such charges without your permission being sought.
11. Cancellation Policy
11.1. Cancelling as a Renter:
11.1.1. As a Renter, you can cancel a rental seven (7) or more days before the
date on which the rental is to begin (hereafter “rental commencement date”).
11.1.2. Any cancellation made within seven (7) days of the rental commencement date will not be reimbursed.
11.1.3. If we reasonably believe that you rented an item(s) with the intent to perpetrate a theft or to cause any other harm, we have the right to cancel a rental without notice and charge the Renter a sum we deem appropriate up to the Estimated Market Value. We reserve the right to use our discretion to determine the appropriate sum in each instance.
11.2. Cancelling as a Lender:
11.2.1. If a Lender cancels a confirmed rental, the renter will receive a full refund of all fees paid by them for this rental.
11.2.2. OnRotate may choose to keep the item(s) unavailable or blocked for the duration of the cancelled rental via the calendar on the listing.
11.2.3. OnRotate reserves the right to publish a review indicating that you cancelled the rental.
11.2.4. OnRotate may impose a cancellation fee as it deems appropriate.
12. OnRotate Members’ Liability
12.1. The Terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.
12.2. When providing information through the OnRotate Services, you must give true and accurate details of the condition of the item(s) and detail of what is included or noticeably absent.
12.3. You are responsible for having sufficient funds available to replace the item(s) should you lose or damage the item(s):
12.3.1. if you are unsure what the replacement value of the item(s) is, please contact OnRotate for an Estimated Market Value before submitting your request; and
12.3.2. the relevant funds will be taken from your account to cover such charges without your permission being sought. DO NOT RENT AN ITEM(S) UNLESS YOU HAVE SUFFICIENT FUNDS TO COVER THE ESTIMATED MARKET VALUE.
12.4. OnRotate has the discretion to set an appropriate Estimated Market Value for an item(s) which shall be determined in good faith and be considerate of the reasonable representation of the parties. The figure determined by OnRotate is binding.
12.5. We have the right to take funds corresponding to the Estimated Market Value from your account without seeking further permission from you if we reasonably believe you have caused damage to the item(s) or are unable to return it for any reason within the deadline set by us.
12.6. OnRotate may contract a debt collector to collect any outstanding payment that you have refused to pay for the damage or loss you have caused within the timeframe set and the charge for their services shall be added to the debt that we are collecting from you.
13. OnRotate’s Liability
13.1. The Terms within this agreement do not limit our liability for fraudulent representation, death or personal injury from the negligence of our agents or employees.
13.2. OnRotate shall exercise all reasonable care and skill in connection with the OnRotate Services. OnRotate does not endorse or guarantee any Member(s) or User(s) of the OnRotate Services or make any assertions as to trustworthiness. You rent or lend an item(s) at your own risk.
13.3. OnRotate is not responsible for the acts or omissions of a third party using the OnRotate Services. We act as an intermediary in regard to the transaction between the Renters and Lenders on the OnRotate Services. We do not accept any liability for either party’s performance within the transaction.
13.4. OnRotate shall not be responsible for the following:
13.4.1. any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;
13.4.2. the content uploaded by Users which is defamatory, unlawful, inappropriate, abusive, offensive or threatening or in any way impeaching on another’s right which would constitute a criminal offence and give rise to civil liability or otherwise violate any other applicable law;
13.4.3. any loss which did not result from our direct breach; and
13.4.4. the failure to meet our obligations or to provide the OnRotate Services under this agreement where failure has occurred from events that were not in our control. Meaning a circumstance where the cause was beyond our reasonable control which became an obstacle to completing the OnRotate Services not confined to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
13.5. We explicitly exclude any and all conditions, warranties, or representations both implicit or explicit relating to quality, merchantability, durability, fitness for purpose, and those arising by statute.
13.6. Any direct damages that are suffered as a result of your use of the OnRotate Services (including the OnRotate Platform and content) shall be limited to the monies you have paid to OnRotate in connection with your use of the OnRotate Services during the three (3) months immediately preceding the event giving rise to the claim. For the avoidance of doubt this does not include any monies you have paid in respect of the Rental.
14. Stopping Your Use Of OnRotate’s Services
14.1. You may cease using the OnRotate Services at any time (outside of any active rentals) by requesting that your account be deactivated via email at firstname.lastname@example.org.
15.1. Disputes between you and other Members:
15.1.1. if you have a dispute with other Members, you have agreed to release us (including our agents, directors, officers and employees) from any claim, demand or damage of any kind and nature that has arisen from the dispute, both knowing and unknowing; and
15.1.2. despite Clause 15.1.1. if you and other Members are unable to resolve the issue, we will make all reasonable efforts to mediate an equitable outcome. As part of the mediation, we may deduct from the Renter’s account the Estimated Market Value as compensation for the Lender after a loss or damage. We may charge a fee of 30% of the Estimated Market Value on top of the money collected for carrying out the mediation (Mediation Fee).
15.2. Disputes between you and OnRotate:
15.2.1. in the event that you have a dispute with us, please contact us directly so a resolution can be found. We will consider reasonable requests to work through the dispute through alternative dispute resolution methods such as mediation; and
15.2.2. any court proceedings must occur within the Republic of South Africa. If you are a resident in South Africa, then laws of South Africa shall apply.
16. Personal Information
17.1. OnRotate may take the following actions as necessary:
17.1.1. cancel any rentals, confirmed or otherwise;
17.1.2. refuse to list or remove from the OnRotate Services any item(s)listing, review, or other content at OnRotate’s sole discretion; and
17.1.3. temporarily suspend or permanently remove your account from the OnRotate Services if you have:
220.127.116.11. breached these Terms, applicable laws, regulations or taxation requirements;
18.104.22.168. received consistently poor reviews;
22.214.171.124. repeatedly cancelled rentals or neglected to respond to rental requests; and
126.96.36.199. provided fraudulent, inaccurate, incomplete or outdated information at any point.
The above steps may be taken at the absolute discretion of OnRotate.
17.2. We may transfer rights under the Terms to a third party without your prior consent.
17.3. Our Terms do not create an employment relationship, partnership, agency or joint venture between us and any Member.
17.4. We reserve the right to take action against you for breach of these Terms, even if action is taken at a later date.
17.5. These Terms shall prevail over any and all preceding agreements. You understand you are not able to rely on any prior agreements.
17.6. You understand that your right to use the OnRotate Services is subject to all applicable laws of the country in which you reside, and you agree that you shall comply with all applicable laws at all times in connection with the OnRotate Services.
17.7. In the event that any part of these Terms is found by a court to be unreasonable, unenforceable or void, that part shall be severed, and the remainder of the clauses shall be enforceable with such deletion or modification as may be necessary to make it effective and for such period as is found to be reasonable and valid.
17.8. Notice to us must be sent by email to email@example.com.
17.9. Notice to you shall be sent via email to the address associated with your account. This shall be deemed to be received on the following day after sending.
Before using the OnRotate Services as a Renter, ensure you fully understand, read and agree to abide by the following rules.
18. Renters’ Terms – OnRotate’s Role
18.1. OnRotate provides the OnRotate Services where Lenders list an item(s) to rent for those who wish to rent an item(s) and want to engage in a transaction with the Lender. Consequently, OnRotate only acts as an intermediary between Renters and Lenders and does not provide any goods or services outside of that scope.
18.2. By signing up to use the OnRotate Services you understand that:
18.2.1. OnRotate acts as an intermediary only. We are not a part of the transaction and are not responsible for the acts or omissions of either party;
18.2.2. We are not responsible for providing the item(s) you have requested nor do we guarantee or endorse the item(s) or content listed by Lenders; and
18.2.3. OnRotate is not responsible for any delays in the delivery or return of the Item(s) rented or any loss or damage due to the delivery location provided being unsecured or unsuitable.
19. Renters’ Terms – Contact With Lenders
19.1. We provide the OnRotate Services allowing you to directly contact Lenders and gain more information about the item(s) you wish to rent. The content of those communications must follow the Lender and Renter Terms, as well as these Terms and should not under any circumstances be used to:
19.1.1. send unsolicited publicity or commercial content;
19.1.2. exercise psychological pressure on other Members or send them offending content; and
19.1.3. attempt to complete a transaction outside the OnRotate Services for the purpose of Fee Avoidance.
19.2. The OnRotate Services cannot be used for:
19.2.1. contacting someone who does not want to be contacted;
19.2.2. abuse or harassment;
19.2.3. creating an agreement outside of the OnRotate Services for Fee Avoidance; and
19.2.4. unsolicited advertising, promotions, spam or donation requests.
19.3. You agree to contact the Lender directly regarding any problems you may have with the item(s) and the rental transaction.
20. Renters’ Terms – Rental Transactions
20.1. You understand that by submitting a rental request, the Lender grants to you a limited licence to use the item(s) for the duration of the rental agreement in accordance with these Terms and your agreement with the Lender.
20.2. By submitting a rental request, you consent and warrant that:
20.2.1. you have read and accepted the item(s) description and these Terms before making the request to rent an item(s);
20.2.2. your profile information will be up to date;
20.2.3. you will not attempt to approach Lenders outside of our OnRotate Services (including for the purpose of Fee Avoidance);
20.2.4. you are able to cover payment for the rental, including our Service Fee, the Estimated Market Value and the Mediation Fee (in the event of a dispute) for any loss of or damage to the item(s). The Estimated Market Value is estimated by the Lender and will prevail unless challenged by the Renter, in which case OnRotate will make an estimation;
20.2.5. you accept that you are liable for up to the Estimated Market Value and Mediation Fee in the situation of a loss or damage;
20.2.6. you guarantee the availability of the funds payable to OnRotate;
20.2.7. you will not engage in Fee Avoidance; and
20.2.8. you will return the item(s) to the Lender in a timely manner and in accordance with any dates and/or times agreed in the transaction.
20.3. When renting an item(s), you acknowledge the item(s) must be returned before 12 pm on the scheduled return date. Responsibility for ensuring the item(s) is returned within the rental period (irrespective of public holidays, weekends or any other days on which the courier services is not operating) rests solely with the Renter.
20.4. Any failure on your part to return the item(s)within a timely manner, shall result in you being charged a Late Fee in accordance with Clause 10.8.
20.5. Every time you rent an item(s), there will be an optional ZAR50 Damage Protection Fee to cover any minor stains or damage. This does not cover significant damage or theft. If the item(s) is damaged beyond repair or never returned you shall be charged the Estimated Market Value of the item(s). You acknowledge that you will be solely responsible for any item(s) you have rented, including compensating the Lender for any loss or damage to that item(s). You will also be responsible for any damage you cause to other people or property when you use that item(s).
20.6. You expressly acknowledge that the Lender (and not OnRotate) is responsible for ensuring that the item(s) conforms to any descriptions provided and OnRotate is not responsible for any item(s) you rent through the OnRotate Services.
21. Renters’ Terms – Liability & Warranties
21.1. You hereby represent, warrant and covenant that:
21.1.1. through your rental request, you explicitly agree with the Estimated Market Value of the item(s) provided by the Lender. By agreeing, you are accepting liability to pay the Estimated Market Value in circumstances of loss or damage. IF YOU DO NOT AGREE TO THIS YOU SHOULD NOT RENT AN ITEM(S);
21.1.2. if we reasonably believe that you have damaged or lost an item(s), then we have the right to charge you up to the Estimated Market Value without requiring permission;
21.1.3. you are responsible for returning the item(s) that you rent in the same condition as they were when you received them. You shall not allow any other individual to use the item(s). Any use of the item(s) by any other individual is a breach of these Terms; and
21.2.You agree that you are solely responsible for any obligations you may have to pay any applicable taxes and make any required reporting to tax authorities including but not limited to VAT and other sales, rental, tourist, income or other taxes.
22. Renters’ Terms – Reviews
22.1. We encourage you to leave a review of the item(s) you have rented, make reference to the condition of the item(s) and the overall experience and help the Lender build a good reputation.
22.2. When providing a review, you understand that:
22.2.1. your review will be public and visible on the Lender’s account pages;
22.2.2. your review must not include the following:
188.8.131.52. personal information;
184.108.40.206. offensive, abusive or harassing images or language;
220.127.116.11. unnecessary or inaccurate information;
18.104.22.168. anything intended to undermine our integrity;
22.214.171.124. content aimed at sabotaging the reliability of OnRotate’s review structure.
22.2.3. there shall be no attempt to manipulate reviews in any way
22.3. You accept that the Lender may leave you a review and you acknowledge that:
22.3.1. reviews left by Lenders shall be public on your own review page; and
22.3.2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
22.4. OnRotate is entitled to remove any reviews we believe have violated these Terms.
Before using the OnRotate Services as a Lender, ensure you fully understand, read and agree to abide by the following rules.
23. Lenders’ Terms – OnRotate’s Role
23.1. OnRotate provides the OnRotate Services where Lenders list an item(s) to rent for those who wish to rent an item(s) and want to engage in a transaction with the Lender. Consequently, OnRotate only acts as an intermediary between Renters and Lenders and does not provide any goods or services outside of that scope.
23.2. By signing up for the OnRotate Services you understand that:
23.2.1. OnRotate acts as an intermediary only. We are not a part of the transaction and are not responsible for the acts or omissions of either party;
23.2.2. we do not guarantee or endorse the item(s) or content posted by our Members and are not responsible for providing the item(s) requested by Renters;
23.2.3. OnRotate is not responsible for the failure by a Renter to treat an item(s) with due care and attention; and
23.2.4. OnRotate is not responsible for any delays in the delivery or return of the item(s) rented or any loss or damage due to the delivery location provided being unsecured or unsuitable.
24. Lenders’ Terms – Contact With Renters
24.1. We provide the OnRotate Services allowing you to directly contact Renters and gain more information about their interest in your item(s). The content of those communications must follow the Lenders’ and Renters’ Terms, as well as these Terms and should not under any circumstances be used to:
24.1.1. send unsolicited publicity or commercial content;
24.1.2. exercise psychological pressure on other Members or send them offending content; and
24.1.3. attempt to complete a transaction outside the OnRotate Services for the purpose of Fee Avoidance.
24.2. The OnRotate Services cannot be used for:
24.2.1. contacting someone who does not want to be contacted;
24.2.2. abuse or harassment;
24.2.3. creating an agreement outside of the OnRotate Services for Fee Avoidance; and
24.2.4. unsolicited advertising, promotions, spam or donation requests.
24.3. You agree to contact the Renter directly regarding any problems you may have with the rental transaction.
25. Lenders’ Terms – Lending Transactions
25.1. By advertising your item(s) for rental through the OnRotate Services you warrant that you:
25.1.1. have read and accepted these Terms;
25.1.2. have given a truthful overview of the item’s(s’) characteristics, filling in all information required including but not limited to, accurate recent photographs, and an accurate Estimated Market Value;
25.1.3. the item(s) will conform to any descriptions provided, will be fit for purpose and safe to use;
25.1.4. present up-to-date information in your profile;
25.1.5. will not attempt to approach Renters outside of our OnRotate Services for the purpose of Fee Avoidance;
25.1.6. guarantee the availability of the funds payable to OnRotate in the case of late cancellation;
25.1.7. you will not engage in Fee Avoidance; and
25.1.8. will use a reputable courier for the purposes of delivering the item(s) to the Renter in a timely manner and in accordance with any dates and/or times agreed in the transaction.
25.2. You agree that OnRotate has the right to increase the Rental Fee of any item(s) you list on the OnRotate Services based on the demand for that item(s) or similar item(s). You also agree that OnRotate has the right to decrease the Rental Fee within ten percent (10%) of the original Rental Fee listed on the basis of demand for that or similar item(s).
25.3. You are solely responsible for complying with any obligations you have under these Terms and applicable law with respect to the item(s) which you provide through the OnRotate Services, including giving effect to Renters’ rights under applicable law and compensating any damage occurred by the Renter or any other person caused to any item(s) should such law hold you accountable.
26. Lenders’ Terms – Liability & Warranties
26.1. You hereby represent, warrant, and covenant that:
26.1.1. you own or have the right to provide the item(s) to the applicable Renter;
26.1.2. you will not provide any item(s) that is defective or malfunctioning;
26.1.3. you will not list any counterfeit items; and
26.1.4. you will accept the Estimated Market Value set by OnRotate for any item(s).
26.2. You agree that you are solely responsible for any obligations you may have to collect any applicable taxes and make any required reporting to tax authorities including but not limited to sale, rental, tourist, income or other taxes, and for determining the applicability of VAT.
27. Lenders’ Terms – Reviews
27.1. We encourage you to leave a review of the Renter, make reference to the overall experience and help the Renter build a good reputation.
27.2. When providing a review, you understand that:
27.2.1. your review will be public and visible on the Renter’s account pages;
27.2.2. your review must not include the following:
126.96.36.199. personal information;
188.8.131.52. offensive, abusive or harassing images or language;
184.108.40.206. unnecessary or inaccurate information;
220.127.116.11. anything intended to undermine our integrity as a Service; and
18.104.22.168. content aimed at sabotaging the reliability of OnRotate’s review structure.
27.2.3. There shall be no attempt to manipulate reviews in any way.
27.3. You accept that a Renter may leave a comment about their experience with you and you acknowledge that:
27.3.1. the review will be public on your own review page; and
27.3.2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
27.4. OnRotate is entitled to remove any review that we believe has violated these Terms.