Please read these Terms and Conditions carefully and ensure that you understand each provision.
By accessing or using any part of the Website and/or the Service, you agree to be bound by these Terms and Conditions.
If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website and/or any Service offered by RentYaRide.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Changes to these Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
Any new features or tools which are added to the Service shall also be subject to these Terms and Conditions.
We may, in our sole discretion, modify or update these Terms and Conditions from time to time, and so you should review this page periodically.
It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
If you use the Service after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
If you do not agree to any of the Terms and Condition and or any future Terms and Conditions, do not use or access or continue to access the Service. Your sole recourse is to immediately stop using and accessing the Service and close your RentYaRide account.
What is RentYaRide
RentYaRide is an online peer-to-peer vehicle sharing platform that allows vehicle owners (also referred to as vendors and used interchangeably) to share their vehicles with renters wanting to book such vehicles and is accessible at www.rentyaride.com (the “Website”) and is owned and operated by RentYaRide (Proprietary) Limited. Throughout the Website and Service, the terms “RentYaRide”, “RYR”, “we”, “us” and “our” refer to RentYaRide (Proprietary) Limited.
RentYaRide only provides a platform to facilitate transactions between renters and owners.
RentYaRide is not a rental car company.
RENTYARIDE IS NOT AN INSURANCE COMPANY AND DOES NOT PROVIDE ANY KIND OF INSURANCE FOR ANY VEHICLES OR USERS OR ANY OTHER REASON AS PART OF OUR SERVICE.
You understand that as a User you must maintain your own insurance policy and meet any minimum insurance levels required by law.
RentYaRide is neither the buyer nor renter nor seller nor owner of any vehicles listed on the Website and/or Service and is not in the business of renting vehicles to the public.
You understand and herby agree that RentYaRide is not a second-hand motor vehicle dealer, e-hailing service, transportation service, agent, rental car company or insurer.
You understand and herby agree that RentYaRide is not a party to any agreements entered into between renters and owners and such agreements are solely between the renter and owner.
The Service
RentYaRide’s Website and any other mobile or online services and/or applications owned, controlled, or offered by RentYaRide is collectively referred to as the “Service”.
By using the Service in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally including those additional Terms and Conditions and policies referenced herein.
YOU MUST NOT USE THE SERVICE IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS.
These Terms and Conditions apply to all users of the Service, including without limitation all visitors, users, browsers, vendors, customers, merchants, contributors of content and others who access the Service (“Users”) whether or not you are a registered user of our Service.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask RentYaRIde to explain it to you before you accept the Terms and Conditions or continue using the Service.
Questions about the Terms and Conditions should be sent to us at info@rentyaride.com. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION TO SERVE AS PROOF THAT AN EMAIL HAS BEEN RECEIVED.
WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME AT OUR SOLE DISCRETION.
ADDITIONALLY, WE RESERVE THE RIGHT TO REFUSE OR TERMINATE OUR SERVICE TO ANYONE FOR ANY REASON WITHOUT NOTICE AT ANY TIME AT OUR SOLE DISCRETION.
ALL DESCRIPTIONS OF THE SERVICE OR SERVICE PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
We reserve the right, but are not obligated, to limit the Service to any person, geographic region or jurisdiction for any reason at our sole discretion. We may exercise this right on a case-by-case basis.
We do not warrant that the quality of any listings, products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
RentYaRide has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the terms and conditions to the fullest extent permissible by the law.
RentYaRide may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against RentYaRide or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms and Conditions; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of RentYaRide, its employees, its users, or members of the public.
RentYaRide reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that RentYaRide, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions, or otherwise harmful to the Service or community.
If we believe you are abusing RentYaRide, our users, or employees in any way or violating the letter or spirit of any of these Terms and Conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your RentYaRide account(s) and access to our Service, remove hosted content, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Service.
Our right to limit, cancel or refuse a booking
We reserve the right to limit, cancel or refuse any booking via the Service for any reason without notice at any time at our sole discretion.
In the event that we make a change to or cancel a booking, we may attempt to but are not obligated to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made.
Payment into Escrow
We are committed to providing secure online payment facilities.
The renter deposits the transaction value into the Escrow Account via EFT payment or credit card payment.
RentYaRide will not be held liable or responsible if the funds are deposited into the incorrect bank account.
Where payment is made by credit card, you warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Service. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the use of the Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
RENTYARIDE HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR VEDORS OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USE OF THE SERVICE OR RELIANCE ON ANY INFORMATION ON THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
RENTYARIDE AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE SERVICE OR THE CONTENT CONTAINED IN THE SERICE; OR YOUR INABILITY TO USE THE SERVICE, AND/OR UNLAWFUL ACTIVITY ON THE SERVICE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY RENTYARIDE AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS SERVICE AND/OR ANY LINKED THIRD PARTY WEBSITE.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
THE SERVICE AND ALL PRODUCTS AND SERVICE DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL RENTYARIDE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
RENTYARIDE DOES NOT ENDORSE ANY VEHICLE, USER, OR A USER’S BACKGROUND.
RENTYARIDE DOES NOT COMMIT TO UNDERTAKE ANY SPECIFIC SCREENING PROCESS FOR ANY VEHICLE OR USER OF ANY KIND.
RENTYARIDE DOES NOT COMMIT TO UNDERTAKE EFFORTS TO ENSURE THE SAFETY OF VEHICLES SHARED THROUGH THE SERVICE.
RENTYARIDE DOES NOT MAKE ANY REPRESENTATIONS ABOUT, CONFIRM, OR ENDORSE THE SAFETY OR ROADWORTHINESS OF ANY VEHICLES SHARED THROUGH THE SERVICE.
ANY VIEWS OR STATEMENTS MADE OR EXPRESSED ON THE SERVICE ARE NOT NECESSARILY THE VIEWS OF RENTYARIDE, ITS DIRECTORS, EMPLOYEES AND/OR AGENTS.
IN ADDITION TO THE DISCLAIMERS CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, RENTYARIDE ALSO MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE INFORMATION OR FILES AVAILABLE ON THE WEBSITE ARE FREE OF VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, DESTROY, COMPROMISE, DISRUPT, DISABLE, HARM, JEOPARDISE OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION, STABILITY, SECURITY FUNCTIONALITY OR CONTENT OF YOUR COMPUTER SYSTEM, COMPUTER NETWORK, HARDWARE OR SOFTWARE IN ANY WAY. YOU ACCEPT ALL RISK ASSOCIATED WITH THE EXISTENCE OF SUCH VIRUSES, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, COMPROMISE, JEOPARDISE, DISRUPT, DISABLE, HARM OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OR CONTENT OF A COMPUTER SYSTEM, COMPUTER NETWORK, ANY HANDSET OR MOBILE DEVICE, OR YOUR HARDWARE OR SOFTWARE. RENTYARIDE THUS DISCLAIMS ALL LIABILITY FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE.
Terms of use of the Service
Eligibility
By using the Service you warrant that you are a holder of a valid drivers licence and are twenty (20) years of age or older and of full legal capacity.
If you are under the age of twenty (20) or not a holder of a valid drivers licence or if you are not legally permitted to enter into a binding agreement, then any registration, use, or access to the Service is strictly prohibited and in violation of these Terms and Conditions.
You may not use our Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Service.
We reserve the right to refuse Service to anyone for any reason at any time.
Registration
You must sign up for a RentYaRide account for either booking or sharing a vehicle by providing us with a unique username and password and provide certain information and personal details.
RentYaRide may accept or reject your application to become a User in its sole and absolute discretion.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Your submission of personal information through the Service is governed by our Privacy Policy. Link to view our Privacy Policy.
You agree and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever using the Service, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for any payments in relation to the Service.
You are, and will be solely responsible for, all of the activity that occurs through your RentYaRide account, so please keep your password and RentYaRide account information secure.
You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your RentYaRide account, whether or not you have authorised such activities or actions.
You will immediately notify RentYaRide of any actual or suspected unauthorised use of your RentYaRide account. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO COMPLY WITH THIS CLAUSE, OR FOR ANY DELAY IN SHUTTING DOWN OR PROTECTING YOUR RENTYARIDE ACCOUNT AFTER YOU HAVE REPORTED UNAUTHORISED ACCESS TO US.
Where permitted, RentYaRide has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and vehicles, including driving history and driver’s license validity.
RentYaRide may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorise RentYaRide to request, receive, use, and store such information.
When you apply to become a User or at any time after where RentYaRide reasonably believes there may be an increased level of risk associated with your RentYaRide account, you provide RentYaRide with written instructions and authorisation in accordance with the applicable laws to obtain your personal and/or business insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.
Prohibited uses
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
In addition to other prohibitions as set forth in the Terms and Conditions of the Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws, regulations or rules; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Commitment of vendor. As a vendor you commit:
that you will only list on the Service and provide on time to the renter a safe and legally registered and insured vehicle, with a clean (non-salvage/branded/written off) title, in good mechanical condition.
that you are responsible to maintain your own insurance policy and meet any minimum insurance levels required by law.
not to list your vehicle(s) on any other vehicle sharing platform.
that you will not contact a renter for any purpose other than in relation to a booking or such renter’s use of the Service.
that you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, harm the RentYaRide brand in any way, provide or submit any false information or fail to honor your commitments.
that you will not interfere with any other user’s listings.
that you will not disrupt or interfere with the operation or provision of our Service, or harm RentYaRide or the interests or property of others.
that you will not create a new RentYaRide account to circumvent an account suspension or closure or giving vehicles registered to you or a member of your household to other RentYaRide users to list.
Commitment of renter. As a renter you commit:
that you are holder of a valid drivers licence and are twenty (20) years of age or older and of full legal capacity.
that you will provide proof to the vendor of a current, valid driver’s license, who will treat the vehicle well and will take all reasonable measures to return the vehicle on time and in essentially the same condition as received.
that you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, harm the RentYaRide brand in any way, provide or submit any false information or fail to honor your commitments.
that you will not use the Service to contact a vendor for any purpose other than in relation to a booking or said vendor vehicle(s) or listing(s).
that you will not interfere with any other user’s listings.
that you will not disrupt or interfere with the operation or provision of our Service, or harm RentYaRide or the interests or property of others.
that you will not create a new RentYaRide account to circumvent an account suspension or closure.
Accuracy of your information
You agree to provide current, complete and accurate information, including banking, purchase, and account information for all listings and bookings made via the Service.
You agree to promptly update your information, including account and other information, including your email address, banking details and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When using the Service you must provide us with certain information about yourself and your identity in order to become a User. You promise to provide complete and accurate information to RentYaRide about yourself and your vehicle(s), if applicable.
You promise to update the information you have provided to RentYaRide in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, RentYaRide may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
Accuracy, completeness and timeliness of information of the Service
We are not responsible if information made available on this Website and/or Service is not accurate, complete or current. The material on this Website and/or Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this Website and/or Service is at your own risk.
This Website and/or Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website and/or Service at any time, but we have no obligation to update any information on our Website and/or Service. You agree that it is your responsibility to monitor changes to our Website and our Service.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website and/or Service will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Refund to Buyer
Failure of Seller to Initiate Delivery of Product or Service
If the Seller does not begin delivery of the goods or services within, either 10 (ten) Business Days OR any other number of days as agreed by the Parties, from the time the Parties being notified that TradeSafe has received the funds from the Buyer, then the Buyer is entitled to request a refund of the funds.
TradeSafe will refund the Buyer after notifying all parties and deducting the Fees.
Request Adjustment
Should the Buyer request an adjustment to the Trade terms of the Trade, which is subsequently accepted by the Parties, settlement price may be impacted. This may result in either a part or a full refund to the Buyer, net of Fees.
Dispute
Should the Buyer reject the goods or services and initiate a dispute, the Parties can agree to revised Trade terms which may impact the settlement price. This may result in either a part or a full refund to the Buyer, net of Fees.
Legal
Upon written instruction by either a registered arbitrator or a South African court of law, the Buyer may be entitled to either a part or a full refund, net of Fees.