Our Terms
And Conditions

ABOUT US

Shared Collective is SA’s first peer-to-peer wardrobe rental platform. Shared Collective 

Services allows Sharers  to rent and lend clothes and accessories to other Sharers.

With Shared Collective providing the online platform for Sharers to display their Items and Shared Collective acting only in the capacity as an intermediary between Renters and Lenders.

All Users of the Shared Collective Services are required to read, accept and agree to comply with these Terms and any third party terms referred to in these Terms or on the Shared Collective Platform. If you do not wish to accept the Terms or any third party terms associated with the Shared Collective Services, you should not register and MUST stop using our Shared Collective Services immediately.

Shared Collective reserve the right to accept or reject any membership application for an account to use the Shared Collective Collective Services at our sole and absolute discretion.

DEFINITIONS

In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings 

  • “Administration Fees” means the amount we charge you if there are Late Fees or Replacement Fees payable or if you cancel a Hire;
  • Content: any photos, text, audio or video clips, or any other information posted to the Shared Collective Services.
  • Estimated Market Value: a reasonable estimate of the current market value of an Item by the Lender. In the event the Renter disputes the estimate made by the Lender.
  • Fee Avoidance: any action by a Renter or Lender to avoid paying Shared Collective 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 purpose of completing a transaction outside of the Shared Collective Services.
  • Item(s): items including but not limited to: dresses, bags, tops, shoes, accessories, jumpsuits, trousers, skirts and outerwear.
  • “Late Fees” means the amount payable for returning the Clothing after the Hire Period, being an amount equal to the Hire Cost for the Hire Period, or pro-rata for a four day hire period, whichever is longer;
  • Lend/Lending: to lend an Item(s) via the Shared Collective Services for a fee from a Renter subject to the Lender’s Terms.
  • Lender(s): A member (sharer) who uploads information about Items available to rent through the Shared Collective Services subject to these Terms.
  • Lenders’ Terms: the additional terms incorporated into these Terms that apply to Lenders.
  • Listing: means your Item listing for Rent on the Shared Collective Platform.
  • Member(s): people who are visitors to the Shared Collective Services and are not yet registered as Members.
  • Rent/Renting/Rental: to rent an Item(s) via the Shared Collective Services for a fee from a Lender by a Renter subject to the Renter’s Terms.
  • Rental Commencement Date: the date on which the Rental of an Item begins. This is deemed to be the date the Rental is due to start as booked on the Shared Collective
  • Services and as detailed in your confirmation email and account dashboard.
  • Rental Fee: means the fee to Rent the Item as set by the Lender.
  • Rental Period: the length of time the Item is available for as set out on the Shared Collective Services. The Rental Period is measured from the date the Rental is due to start as booked on the Shared Collective Services (and includes Public Holidays,weekends and other holidays) to the day the Item must be posted back to the Lender (before 12pm). 
  • Rental Request: a request made by a prospective Renter to rent an Item from a Lender for a specified period of time subject to these Terms and all applicable fees.
  • Renter(s): A member  who wishes to rent goods available through the Shared Collective Services subject to these Terms.
  • Renters’ Terms: the additional terms incorporated into these Terms that apply to Renters.
  • “Replacement Fees” means the amount equal to the retail value of the Clothing which has not been returned or has been damaged or altered in any way, as is determined by us in our sole and absolute discretion, acting reasonably;
  • Review: a brief summary of a Renter or Lender’s experience of Renting or Lending an Item through the Shared Collective Services. Reviews will be visible on both the Renter and Lender’s profiles.
  • Security Deposit: means the optional security deposit amount set by the Lender which shall be held on the Renter’s payment card until the Item is returned and confirmed that it is in good condition with no damage.
  • Service Fee: has the meaning given to it in Clause 9.1.1.
  • Services as a Lender or Renter. Sharers log in to access the Shared Collective Services, upload information as a Lender about Items they may wish to rent to Renters or search for Items as a Renter, request to Rent and correspond with other Sharers for the purpose of facilitating a Rental.
  • Shared Collective as a platform, “us” “we” “our”
  • Sharer(s): any individual who has registered and been accepted to use the Shared Collective 
  • Shared Collective will determine the estimated market value. Shared Collective determination is final and binding on both Lender and Renter. The estimate may change from time to time.
  • “Terms and Conditions” means the terms and conditions contained herein which regulate our relationship with you.
  • Terms: means these terms, Terms and Conditions and Terms of Service
  • User(s): both Sharers and Visitors.

 

SHARED COLLECTIVE’S ROLE

2.1. Shared Collective’s role is as an intermediary only. The Shared Collective Services connects Lenders and Renters to facilitate the sharing of clothing and accessories on a peer-to-peer basis as follows:

2.1.1. We allow Lenders to use the Shared Collective Services to list Items to Rent to other Shared Collective Members.

2.1.2. We allow Renters to use the Shared Collective Services to rent Items from other Shared Collective Sharers.

2.1.3. 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 this is between the relevant Lender and Renter only.

2.1.4. Although we attempt to provide the Shared Collective Services to ensure it is beneficial for both the Lender and Renter, Shared Collective cannot be held liable for the conduct of Users of the Shared Collective Services.

2.1.5. We have the right to remove or request the withdrawal of any Item listed by a Lender, any Rental Request made by a Renter, or any transaction made between the two parties. If Shared Collective 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.

 

2.2. When you use Shared Collective as a Lender:

2.2.1. When lending an Item to a Renter as a Lender, you acknowledge that you are part of a separate contract with the Renter and this contract is a binding agreement and that you will

abide by both the Lenders’ Terms and the Terms.

2.2.2. You are also aware that the Renter is not acting on behalf of Shared Collective. Any agreement that forms through lending an Item to a Renter is with the Renter only. Shared Collective 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.

2.2.3. 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 which has been listed matches the description attached. You also agree that Shared Collective 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.

2.3. When you use Shared Collective as a Renter:

2.3.1. When Renting an Item 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.

2.3.2. You are also aware that the Lender is not acting on behalf of Shared Collective. Any agreement that forms through Renting an Item from a Lender is with the Lender only. Shared Collective 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.

2.3.3. 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. You also agree that Shared Collective 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.

Changes 

  • The Terms and Conditions are applicable for the duration of your Rental (including any automatic extensions of the Hire Period due to the Clothing being returned late) and during any period thereafter including during any unsettled disputes in relation to your Rental or use of the Website.
  • Shared Collective retains the right to make minor and administrative amendments the Terms and Conditions at any time without having to notify you.
  • Shared Collective will give you at least 5 (five) days’ notice of any material amendments to the Terms and Conditions.
  • If you are not happy with any amendments made then you may discontinue using our services or visiting our website.

ACCESS AND AVAILABILITY

4.1. We will use all reasonable endeavours to ensure that the Shared Collective Services are fully operational at all times. However, we do not guarantee that the Shared Collective  Services or any Content on it, will always be available or be uninterrupted.

4.2. Access to the Shared Collective  Services are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Shared Collective Services without notice. We will not be liable to you if for any reason the Shared Collective Services are unavailable at any time or for any period.

4.3. You are responsible for making all arrangements necessary for you to have access to the Shared Collective Services. You are also responsible for ensuring that all persons who access the Shared Collective Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4.4. We reserve our right to restrict, suspend or terminate your use of the Shared Collective 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.

5. USE OF THE Shared Collective COLLECTIVE PLATFORM

5.1. In order to access and make use of the Shared Collective Services you must register an account and become a Sharer. 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 Shared Collective Services. To be able to use the transactional functionality i.e. to Rent Items you must complete Our registration form. To comply with legal requirements we may require identity documentation e.g. passport to be able to verify your identity and enable us to open your account.

5.2. Use of the Shared Collective 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).

5.3. Unless otherwise explicitly permitted by Shared Collective you may register one (1) account.

5.4. To create an account, you confirm that:

5.4.1. you are over 18 and capable in South Africa of entering into a legally binding agreement;

5.4.2. you will complete our identity verification process. 

5.4.3. 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 licenses and permission required under these Terms;

5.4.4. 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 User dashboard when you are logged in or by emailing us at admin@sharedcollective.co.za;

5.4.5. 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 admin@sharedcollective.co.za and

5.4.6. you have all relevant rights, licenses and/or approvals in relation to any material or Content you post on the Shared Collective Services.

5.5. 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 Shared Collective account in the settings section of your social media account.

5.6. When you use the Shared Collective Services you accept that you will not:

5.6.1. breach any applicable laws or regulations that apply;

5.6.2. breach any of the Terms;

5.6.3. when acting as a Lender, breach any of the Lenders’ Terms;

5.6.4. when acting as a Renter, breach any of the Renters’ Terms;

5.6.5. 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 Shared Collective employees);

5.6.6. share or otherwise upload or communicate any misleading or false information or messages of any kind;

5.6.7. use the Shared Collective Services to intentionally deceive other Users;

5.6.8. use the Shared Collective Services to stalk or otherwise harass another User;

5.6.9. use the Shared Collective Services if we have suspended or banned you from using it;

5.6.10. infringe the Intellectual Property Rights of any third-party;

5.6.11. distribute any viruses or any other technologies that may harm the Shared Collective Services or its Users;

5.6.12. interfere with the proper working of the Shared Collective Services;

5.6.13. copy, modify, or distribute any other person’s Content without their consent;

5.6.14. use any robot, spider, scraper or other automated means to access the Shared Collective Services and/or collect Content or data for any purpose;

5.6.15. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;

5.6.16. copy, modify or distribute rights or Content or collect dat from the Shared Collective Services, applications or tools or otherwise infringe Shared Collective’s Intellectual Property Rights;

5.6.17. bypass, disable or attempt to disable any security measures used in connection with the Shared Collective Services 

5.6.18. collect any data (including personal data) from the Shared Collective Services other than in accordance with these Terms and applicable laws;

5.6.19. sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;

5.6.20. write and post reviews that are anything other than true and accurate to the best of your knowledge; or

5.6.21. impersonate any person or misrepresent your affiliation with a person or entity.

5.7. 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.

5.8. You indemnify Shared Collective against any threatened legal proceeding or claims issued against Shared Collective by another person on the basis of your breach of the Terms.

5.9. 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, Shared Collective is not liable for any losses incurred as a result of your account being accessed or used by someone else.

6. THE SHARED COLLECTIVE SERVICES

6.1. Subject to your agreement and compliance with these Terms, you are granted during the term of this Agreement a non-transferable, nonexclusive, non-sublicensable license to access and use the Shared Collective Services for your personal use.

6.2. You understand that your use of the Shared Collective Services does not confer to you any Intellectual Property Rights held by Shared Collective and/or its licensors. You are merely given a license to use the Shared Collective Services in accordance with these Terms.

6.3. 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 Shared Collective Services other than for your own personal use.

6.4. You agree that you will not reverse engineer, copy or otherwise attempt to discern the source code, algorithms or underlying ideas of the Shared Collective Services nor will you allow any other individuals or third parties to do so.

6.5. You must not misuse our Shared Collective 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 Shared Collective Services, the server on which our Shared Collective Services is stored or any server, computer or database connected to the Shared Collective Services. You must not attack our Shared Collective Services via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the The Computer Misuse and Cybercrimes Act No. 5 of 2018. 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 Shared Collective Services will cease immediately.

6.6. You agree that you shall not under any circumstances harm, tarnish or damage the Shared Collective brand or perception of Shared Collective 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.

7. INTELLECTUAL PROPERTY

7.1. We are the owner or the licensee of all Intellectual Property Rights in the Shared Collective 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.

7.2. Unless any of the exceptions detailed in Chapter III of the Copyright Act 98 of 1978 apply, Members agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of our Shared Collective Services or the Content on our Shared  Collective Services unless given express written permission to do so by us.

7.3. You have no Intellectual Property Rights arising from the Shared Collective Services and you will not use the material on our Shared Collective Collective Services save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the Shared Collective Services.

7.4. You must not extract or otherwise use any Content or data on the Shared Collective Platform for commercial purposes.

8. CONTENT UPLOADED BY SHARED COLLECTIVE MEMBERS AND LISTINGS

8.1. You expressly acknowledge and agree that Content and certain data you submit for inclusion on the Shared Collective 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.

8.2. You acknowledge and accept that any Content that you upload onto the Shared Collective Services is wholly your responsibility. You warrant that you have the necessary rights for the Content that you upload on the Shared Collective Services and 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 Shared Collective due to your breach of the Terms, then you shall compensate Shared Collective for any resulting liability.

8.3. You promise to contribute only true, accurate and un-enhanced photographs of the Item(s) and guarantee you hold all of the applicable rights. Shared Collective 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).

8.4. You understand that the Content you upload will not be constantly monitored by Shared Collective, however, if we do find that the Content you upload does not comply with these Terms or is unsuitable Shared Collective is able to remove any Content at its sole discretion.

8.5. You acknowledge that, though we will do our best to monitor and maintain the accuracy of information on the Shared Collective 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.

8.6. You retain all Intellectual Property Rights in and to your own Content. By uploading your Content on to the Shared Collective Services you hereby give Shared Collective a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license 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 Shared Collective Services.

8.7. You acknowledge and agree that Content you upload to the Shared Collective 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 Shared Collective and increase the visibility of the Shared Collective Services.

8.8. Shared Collective’s use of information from third parties:

8.8.1. If an Item 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 is posted on the Shared Collective Services.

8.8.2. In the event we add information from third parties to an Item as per Clause 8.8.1 you may not have the opportunity to approve any changes to the Content prior to the Content being uploaded to the Shared Collective Services. Shared Collective 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: admin@sharedcollective.co.za

8.9. 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 Shared Collective reserves the right to remove the relevant Content in accordance with Clause 8.11.

8.10. If any of the Content posted or submitted to the Shared Collective Services by another User 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 admin@sharedcollective.co.za

8.11. Shared Collective’s right to remove Content:

8.11.1. Without any delay or notice, Shared Collective may promptly remove (or ask you to remove) any Content from the Shared Collective Services; permanently or temporarily restrict your ability to upload any additional content on the Shared Collective Services; restrict your ability to Rent or Lend an Item through the Shared Collective Services; temporarily or permanently disable your access to the Shared Collective Services or take any other action that we believe is necessary if we believe:

8.11.1.1. you have breached or are not acting in a manner consistent with these Terms;

8.11.1.2. 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 Shared Collective or our Users;

8.11.1.3. the Items which are uploaded are either not correct or not accurate;

8.11.1.4. you have been trying to partake in Fee Avoidance or fraudulent activity; or

8.11.1.5. it is necessary to do so by law or to ensure protection of the interests of Shared Collective’s Users.

8.12. The order of Listings appearing in search results is not indicative of a preference for any particular Listing or Lender by Shared Collective 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.

9. FEES AND CHARGES

9.1. There are four applicable fees to any transaction:

9.1.1. The Service Fee:

9.1.1.1. as a Lender, you agree to pay Shared Collective a commission of 10% of the Rental Fee; and

9.1.1.2. as a Renter, you agree to pay Shared Collective a commission of 10% of the Rental Fee, (together, the “Service Fee”).

9.1.2. The Rental Fee.

9.1.3. An optional damage protection charge to cover any minor stains or damage to each Item; and

9.1.4. The Security Deposit. Once the Item has been returned and confirmed that it is in good condition with no damage any applicable Security Deposit shall be returned within 10 days. In the event that damage is caused you may be charged up to the Estimated Market Value automatically.

9.2. Each time there is a transaction between a Lender and Renter for an Item that is available for rent:

9.2.1. As the Lender, you agree to pay Shared Collective a 15% Service Fee per Clause 9.1.1 above;

9.2.2. As the Renter, you agree to pay Shared Collective a 15% Service Fee per Clause 9.1.1 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 charge and Security Deposit (if applicable) and up to the Estimated Market Value in the event that you cause any damage to the Item.

9.3. Shared Collective will release the payment to the Lender within 5 days of the Rental Commencement Date.

9.4. We work with Payfast, Paypal and Skrill to manage our secure payment process:

9.4.1. As we use Payfast, Paypal and Skrill to regulate our payment process this means that the Payfast, Paypal and Skrill Connected Account Agreement, which includes the Payfast, Paypal and Skrill Terms of Service ( is applicable to you and by accepting these Terms you are accepting Payfast, Paypal and Skrill  Services Agreement as well.

9.4.2. As payment is processed through Payfast, Paypal and Skrill  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 Shared Collective authorisation to share such information with Payfast, Paypal and Skrill .

9.4.3. From time to time Payfast, Paypal and Skrill  may require further identification checks, to be able to use the Shared Collective Services and you will need to provide the further information requested.

9.5. All of the fees that apply are to be paid in South African Rands and are subject to change over time. We will alert you to these changes by posting them on the Shared Collective Services and circulating a notification email to our Sharers.

9.6. Additionally, there may be changes to our fees during our promotional events or if any new Services are added.

9.7. You have agreed that you use Shared Collective for a particular Service and you will not attempt to complete transactions outside the Shared Collective Services for the purpose of Fee Avoidance. In the event a User does engage in Fee Avoidance then you shall indemnify us in regards to the loss suffered by us due to the Fee Avoidance. In the event you attempt to engage with another User outside the Shared Collective Services for a Rental or transaction then you shall be liable to pay a penalty charge of R200 regardless of whether the transaction occurred or not.

9.8. If, as a Renter, you do not return the Item before 12am on the final day of the Rental Period, you agree you will be charged the following fees:

9.8.1. a R50 late fee each day after the last day of your Rental;

9.8.2. the applicable Rental Fee pro rata to the number of days you keep the Item;

9.8.3. all applicable taxes to the transaction; and

9.8.4. any reasonable legal expenses incurred by the Lender in retrieving the Item(s).

9.8.5. The funds will be taken from your account to cover such charges without your permission being sought.

10. CANCELLATION POLICY

10.1. Cancelling as a Renter:

10.1.1. As a Renter, if you decide that you no longer want to Rent then subject to Clauses 10.1.2. and 10.1.3 you can cancel free of charge within 48 hours of your Rental Request by visiting the My Rentals section of your account or by sending us an email to admin@sharedcollective.co.za with full details on the Rental you wish to cancel.

10.1.2. If you wish to cancel after this 48 hour period, you will receive a refund, minus a cancellation charge of 30% of the Rental Fee payable to Shared Collective to cover administrative costs.

10.1.3. Any cancellation made within 48 hours of the date on which the rental is to begin (hereafter “Rental Commencement Date”) willnot be reimbursed.

10.1.4. In the event your Rental Request and the Rental Commencement Date are within the same 48 hour period you are permitted to cancel the rental within two (2) hours of submitting the Rental Request without penalty. Once the two hours has elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Rental and Service Fees. Any SecurityDeposit being held shall be returned to you within 7 days of cancellation.

10.1.5. If we reasonably believe that you rented an Item 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.

10.2. Cancelling as a Lender:

10.2.1. A Lender may cancel free of charge within 48 hours of the Rental Request being made.

10.2.2. If you decide to cancel a Rental Request after the 48 hours immediately following the Rental Request but prior to the 48 hours immediately preceding the Rental Commencement Date, we reserve the right to invoice and charge you a cancellation fee of 30% of the Rental Fee payable to Shared Collective to cover administrative costs.

10.2.3. If a Lender cancels a confirmed Rental, the Renter will receive a full refund of all fees paid by them for this Rental.

10.2.4. In the event you choose to accept a Rental Request submitted within 48 hours of the Rental Commencement Date you will have two (2) hours to cancel without penalty. Once the (2) two hours have elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Service Fees.

10.2.5. In the event you cancel a confirmed Rental, Shared Collective reserves the right to publish an automated review indicating that you cancelled the Rental.

10.2.6. Further, if you cancel a Rental other than in accordance with

10.2:

10.2.6.1. Shared Collective may choose to keep the Item unavailable or blocked for the duration of the cancelled Rental via the

10.2.6.2. Shared Collective may impose a cancellation fee as it deems Appropriate.

11. SHARED COLLECTIVE MEMBER’S LIABILITY

11.1. The Terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.

11.2. When providing information through the Shared Collective Services, you must give true and accurate details of the condition of the Item(s) and detail of what is included or noticeably absent.

11.3. You are responsible for having sufficient funds available to replace the Item(s) should you lose or damage the Item(s).

11.3.1. If you are unsure what the replacement value of the Item is, please contact Shared Collective for an Estimated Market Value before submitting your request.

11.3.2. 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.

11.4. Shared Collective has the discretion to set an appropriate Estimated Market Value for an Item which shall be determined in good faith and be considerate of the reasonable representation of the parties. The figure determined by Shared Collectiveis binding.

11.5. 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, or are unable to return it for any reason within the deadline set by us from time to time.

11.6. Shared Collective 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

12. SHARED COLLECTIVE’S LIABILITY

12.1. 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.

12.2. Shared Collective  shall exercise all reasonable care and skill in connection with the Shared Collective Services. Shared Collective  does not endorse or guarantee any Member or User of the Shared Collective  Services or make any assertions as to trustworthiness. You Rent or Lend Items at your own risk.

12.3. Shared Collective  is not responsible for the acts or omissions of a third party using the Shared Collective  Collective Services. We act as an intermediary in regards to the transaction between the Renters and Lenders on the Shared Collective  Services. We do not accept any liability for either party’s performance within the transaction.

12.4. Shared Collective  shall not be responsible for the following:

12.4.1. Any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;

12.4.2. 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;

12.4.3. any loss which did not result from our direct breach;

12.4.4. the failure to meet our obligations or to provide the Shared Collective  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 Shared Collective   Services not confined to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

12.5. 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.

12.6. Any direct damages that are suffered as a result of your use of the Shared Collective  Services (including the Shared Collective   Platform and Content) shall be limited to the monies you have paid to Shared Collective  in connection with your use of the Shared Collective  Services during the three (3) months immediately preceding the events giving rise to the claim. For the avoidance of doubt this does not include any monies you have paid in respect of the Rental.

13. STOPPING YOUR USE OF SHARED COLLECTIVE’S SERVICES

13.1.  You may cease using the Shared Collective Services at any time (outside of any active Rentals) by requesting that your account be deactivated via email at  admin@sharedcollective.co.za

14. DISPUTES

14.1. Disputes between you and another Member:

14.1.1. If you have a dispute with another Member, 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.

14.1.2. Despite Clause 14.1.1 if you and the other Member 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 Costs).

14.2. Disputes between you and Shared Collective :

14.2.1. 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.

14.2.2. Any court proceedings must occur within South Africa. If you are a resident in South Africa, then the laws of South Africa shall apply.

15. THIRD PARTY RIGHTS

15.1. This agreement has not given any right under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy that has been stated within this agreement or exists separate to the Act.

16. PERSONAL INFORMATION

16.1. Through using the Shared Collective  Services, you have given explicit consent for us to collect, transfer, store and use your personal information. You have agreed that we may use your information for a number of things including any verification checks that we deem necessary from time to time.

17. GENERAL

17.1. Shared Collective 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 Shared Collective Services any Item Listing, Review, or other Content at Shared Collective’s sole discretion;

17.1.3. temporarily suspend or permanently remove your account from the Shared Collective Services if you have:

17.1.3.1. breached these Terms, applicable laws, regulations or taxation requirements;

17.1.3.2. received consistently poor reviews;

17.1.3.3. repeatedly cancelled Rentals or neglected to respond to Rental Requests;

17.1.3.4. Provided fraudulent, inaccurate, incomplete or outdated information at any point. The above steps may be taken at the absolute discretion of Shared Collective

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 Shared Collective 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 Shared Collective Services.

17.7. In the event that any part of these Terms are 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 admin@sharedcollective.co.za

17.9. Notice to you shall be sent via email to the address associated with your membership. This shall be deemed to be received on the following day after sending.

RENTER’S TERMS

Before using the Shared Collective Services as a Renter, ensure you fully understand, read and agree to abide by the following rules.

18. Shared Collective’S ROLE

18.1. We provide the Shared Collective Services where Lenders post Items to Rent for those who wish to Rent Items and want to engage in a transaction with the Lender. Consequently, Shared Collective 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 Shared Collective Services you understand that:

18.2.1. Shared Collective 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, and we do not guarantee or endorse the Item(s) or Content posted by Lenders.

18.2.3. Shared Collective 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. CONTACT WITH LENDERS

19.1. We provide the Shared Collective Services allowing you to directly contact Lenders and gain more information about the Item 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 another Sharer or send them offending content; or

19.1.3. attempt to complete a transaction outside the Shared Collective Services for the purpose of Fee Avoidance.

19.2. The Shared Collective 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 Shared Collective Services for Fee Avoidance; or

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. RENTAL TRANSACTIONS

20.1. You understand that in accepting a Rental Request the Lender grants to you a limited license 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 description and these Terms before making the request to Rent an Item;

20.2.2. your profile information will be up-to-date;

20.2.3. will not attempt to approach Lenders outside of our Shared Collective Services (including for the purpose of Fee Avoidance); and

20.2.4. you are able to cover payment for the Rental, including our Service Fee, the Security Deposit, Estimated Market Value and the Mediation Costs (in the event of a dispute) for any loss of or damage to the Item. The Estimated Market Value is estimated by the Lender and will prevail unless challenged by the Renter, in which case Shared Collective will make an estimation;

20.2.5. you accept that you could forfeit the Security Deposit and are liable for up to the Estimated Market Value and Mediation Costs in the situation of a loss or damage;

20.2.6. you guarantee the availability of the funds payable to Shared Collective;

20.2.7. you will not engage in Fee Avoidance;

20.2.8. You will use a reputable courier or postal service for the purposes of returning the Item 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, you acknowledge the Item must be returned before 12pm on the scheduled return date. Responsibility for ensuring the item is returned within the Rental Period (irrespective of Bank Holidays, weekends or any other days on which the postal service is not operating) rests solely with the Renter.

20.4. If you would like to extend the period during which you Rent an Item, you may submit a request to the Lender through the Shared Collective Services to extend the Rental Period.

20.5. Any failure on your part to extend the Rental Period of an Item and consequently return the Item after the deadline shall result in you being charged a Late Fee in accordance with Clause 9.8.

20.6. Every time you Rent an Item, there will be an optional R50 damage protection charge to cover any minor stains or damage and if applicable a Security Deposit. This does not cover significant damage or theft. If the Item is damaged beyond repair or never returned you shall be charged the Estimated Market Value of the Item. You acknowledge that you will be solely responsible for any Items you have rented, including compensating the Lender for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those Items.

20.7. You expressly acknowledge that the Lender (and not Shared Collective) is responsible for ensuring that Items conform to any descriptions provided and Shared Collective is not responsible for any items you Rent through the Shared Collective Collective Services.

21. 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 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.

21.1.2. If we reasonably believe that you have damaged or lost an Item, 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.

21.2. 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. REVIEWS

22.1. We encourage you to leave a review of the Item you have rented, make reference to the condition of the Item and 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:

22.2.2.1. personal information;

22.2.2.2. offensive, abusive or harassing images or language;

22.2.2.3. unnecessary or inaccurate information;

22.2.2.4. anything intended to undermine our integrity; or

22.2.2.5. content aimed at sabotaging the reliability of Shared Collective’s review structure.

22.2.3. There shall be no attempt to manipulate reviews in any way.

22.2.4. You accept that the Lender may leave you a review and you acknowledge that:

22.2.4.1. reviews left by Lenders shall be public on your own review page; and

22.2.4.2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.

22.3. We have the right to remove any review we believe has violated these Terms.

 

LENDER’S TERMS

Before using the Shared Collective Services as a Lender, ensure you fully understand, read and agree to abide by the following rules.

23. Shared Collective’S ROLE

23.1. Shared Collective provides the Shared Collective Services for Lenders to post Items to Rent for those who wish to Rent Items and want to engage in a transaction with the Renter. Consequently, Shared Collective 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 Shared Collective Services you understand that:

23.2.1. Shared Collective 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. Shared Collective is not responsible for the failure by a Renter to treat Items with due care and attention.

23.2.4. Shared Collective 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. CONTACT WITH RENTERS

24.1. We provide the Shared Collective 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 another Member or send them offending content; or

24.1.3. attempt to complete a transaction outside the Shared Collective Services for the purpose of Fee Avoidance.

24.1.4. The Shared Collective Services cannot be used for:

24.1.4.1. contacting someone who does not want to be contacted;

24.1.4.2. abuse or harassment;

24.1.4.3. creating an agreement outside of the Shared Collective Services for Fee Avoidance; or

24.1.4.4. unsolicited advertising, promotions, spam or donation requests.

24.1.5. You agree to contact the Renter directly regarding any problems you may have with the Rental transaction.

25. LENDING TRANSACTIONS

25.1. By advertising your Items for Rental through the Shared Collective Services you warrant that you:

25.1.1. have read and accepted these Terms;

25.1.2. shall review the Rental Request before accepting a Rental Request for an Item;

25.1.3. have given a truthful overview of the Item’s characteristics, filling in all information required including but not limited to, accurate recent photographs, and an accurate Estimated Market Value;

25.1.4. the Items will conform to any descriptions provided, will be fit for purpose and safe to use;

25.1.5. present up-to-date information in your profile;

25.1.6. will not attempt to approach Renters outside of our Shared Collective Services for the purpose of Fee Avoidance;

25.1.7. guarantee the availability of the funds payable to Shared Collective in the case of late cancellation;

25.1.8. you will not engage in Fee Avoidance; and

25.1.9. will use a reputable courier or postal service for the purposes of delivering the Item 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 Shared Collective has the right to increase the Rental Fee of any Item you list on the Shared Collective Services based on the demand for that Item or similar Items. You also agree that Shared Collective 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 Items which you provide through the Shared Collective Services, including giving effect to Renters’ rights under applicable law and compensating any damage occurred by the Renter or any other person caused to Items should such law hold you accountable.

26. 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 are defective or malfunction;

26.1.3. you will not list any counterfeit Item(s); and

26.1.4. you will accept the Estimated Market Value set by Shared Collective for any Item.

26.2. 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,

27. 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:

27.2.2.1. personal information;

27.2.2.2. offensive, abusive or harassing images or language;

27.2.2.3. unnecessary or inaccurate information;

27.2.2.4. anything intended to undermine our integrity as a Service; or

27.2.2.5. content aimed at sabotaging the reliability of Shared Collective’s review structure.

27.3. There shall be no attempt to manipulate reviews in any way.

27.4. You acknowledge that a Renter may leave a comment about their experience with you and you accept that:

27.4.1. the review will be public on your own review page; and

27.4.2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.

27.5. Shared Collective is entitled to remove any review that we believe has violated these Terms.