Terms and conditions

TERMS AND CONDITIONS OF USE

INDEX

Definitions
Application
Important Notice (limitation of risk contained)
Description of Service
Limitation of Liability (User’s Own Risk) and Indemnity
Verification of Users
Information and Accuracy
No Spam
Reliability of the Site
Responsible Use (including protecting yourself)
Personal Information and Privacy
Discrimination
Indemnification
Intellectual Property
Changes to these Terms and Conditions
Linking to Third Party Websites
Applicable Law
Severability
Information in terms of ECT Act
Waiver
Claim
Security
Pricing and Payment Terms
Privacy Policy and Cookies

Definitions
1. “Application” – this application, being the platform whereby Owners of Vessels can connect with Renters.
2. “Vessel” – means any watercraft e.g. a ship, a boat, a canoe, a jet ski etc.
3. “Service” – the facility provided by the Application whereby Users may engage and connect with other Users for the purpose of renting Vessels.
4. “Terms” – these Terms and Conditions.
5. “User” – a user of the Application, such user being either an Owner or a Renter.
6. “Us” or “we” – Snappa LLC, the proprietor of this Application, and all of its employees, affiliates, officers, directors and service providers.
7. “Service Provider” – Snupit (Pty) Ltd, a private company, duly incorporated in accordance with the company laws of South Africa, with registration number 2016/331357/07 and all of its employees, affiliates, officers, directors and service providers.
8. “Website” – any website used for the implementation of the Application or the provision of the Service.
Application
1. These Terms apply to all Users, whether registered or not.
2. You accept these Terms by
  1. clicking to accept or agree to the Terms where this option is made available to you on the interface on the Website, or
  2. by actually using the Services in which event you understand and agree that your use of the Services is regarded by us as acceptance of the Terms.
Important Notice
1. These Terms include clauses which appear in similar text or format to this clause and which contain provisions which:
  1. may limit our risk or liability;
  2. may limit the risk or liability of the Service Provider or of a third party;
  3. may create risk or liability for a User;
  4. may comprise an indemnity, given by a User, in our favour or in favour of the Service Provider or a third party;
  5. may serve as acknowledgement by Users of certain facts.
2. Each User’s attention is drawn to these clauses and the provisions therein should be carefully noted.
3. It is the User’s responsibility to ensure that the User understands these Terms and that the User does not continue using the Application or the Website if the User does not agree with or understand any provision in the Terms.
Description of Service
1. The Application is a means of connecting Owners of Vessels with Renters or potential Renters of such Vessels.
2. We operate the Website and provide the Services to allow Users, particularly Owners and Renters, to contact one another subject to the Terms contained herein. We do not engage in any transaction between any Owner and Renter.
3. Users of the Application and the Services are liable to the payment to us of certain fees, as set out herein, but apart therefrom, in respectof any transaction between an Owner and a Renter, we obtain no right against either party directly or on behalf of the other party, nor do we incur any obligation directly or on behalf of either party to the other party.
4. Each User uses this Application entirely at the User’s own risk. We utilise, in good faith, information submitted by parties but cannot guarantee that such information is not fraudulent or accurate.
5. It remains the personal responsibility of each User to take all reasonable safeguards and precautions particularly in using the Application to ensure that the User’s safety and integrity are maintained and protected.
6. You can register on our Website by entering information which is called for on the relevant template. You warrant that all information which you may enter in this way will not be prejudicial to any other person and that you are entitled to enter this information. As an Owner you should specify details of the Vessel you are offering for rental, its location, its capacity, technical details and the period or periods for which the Vessel will be available and the cost of rental.
7. As a potential Renter the information you may be required to enter will include the type or nature of Vessel which you are seeking to rent, its preferable location, the period for which you require the Vessel, details of expected features and the like. Note that as a potential Renter the entering of such information is desirable but is not essential for you as a potential Renter are entitled to browse our Website in an attempt to locate or identify any Vessel which you feel may meet your needs at the time.
8. Each User, upon entering information on the Website agrees that such information will be available for scrutiny by other Users and that the entering of such information will not be prejudicial to the interests of any third party. Thus you warrant that you are entitled without reservation to enter the information.
9. As stated we do not warrant the bona fides or integrity of any Owner or Renter. We act in the capacity of an intermediary between an Owner and a Renter. The making of a booking for a Vessel using our Services is a preliminary step in creating a contract directly between the Owner and the Renter concerned. Terms of that contract are to be negotiated by the Owner and the Renter.
10. Note that we are not liable for anything which is stated in an Owner’s terms and conditions. These Terms however record the relationship between each Owner and us, and between each Renter and us.
11. Once a Renter has agreed to rent a Vessel we will use all reasonable endeavours to facilitate the conclusion of an appropriate transaction between the Owner and the Renter and in the process we will transmit to each party such information which we have obtained and which is necessary to enable the transaction to be finalised. We stress that we act as a facilitator in the conclusion of the contract referred to but that we have no liability and that we expressly disclaim any liability in relation to the performance of the contract with the Owner or with the Renter, as the case may be.
12. We are not responsible for and hereby disclaim any liability relating to the use of any Vessel, any description contained in any listing of a Vessel, the condition of the Vessel and the manner in which the Vessel is used or proposed to be used.
13. In a contract as aforesaid the Owner may specify the way in which the Vessel is to be used and it is incumbent on the Renter to comply with such specification.
Limitation of Liability
1. We bear no liability:
  1. for any risks associated with the use of the Application. In no event will we or the Service Provider be liable to Users or any party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of the use, availability or unavailability of the Service or any Vessel obtained through the use of any of the aforegoing or any data transmitted through the Service even if we have been advised of the possibility of such damages,
  2. for any loss or damage which may be sustained or incurred by a User including but not limited to loss or damage as a result of any reliance placed by a User on the completeness, accuracy or existence of any advertising on the Website or in respect of a transaction between a User and any advertiser or sponsor whose advertising appears on the Website;
  3. any consequences arising from changes which may be made to the Service;
  4. a User’s failure to keep the User’s password or account details secure, accurate and confidential; or
  5. for any bodily injury, death or property damage that may occur or arise as a result of the use of the Application or any Vessel, or the provision of the Service.
2. Notwithstanding the provisions of clause 5.1, if we or the Service Provider are held liable to a User in respect of any matter relating to the Service, the Terms or the Services then the entire aggregate liability shall be limited to the greater of
  1. any amounts paid by the User to us or the Service Provider in connection with the User’s use of the Application, the Service, or the Website, and
  2. R1000.00.
3. If you are involved in a dispute with another User then you do hereby indemnify, release and hold harmless us and the Service Provider from any claim, cause of action, demands, direct or consequential damages, and costs and damages, resulting from the dispute.
4. The acquisition or use of the Application is made at each User’s own risk and no risk or liability arising therefrom shall be imputed to us.
5. When renting a Vessel either as an Owner or as a Renter you must ensure through independent investigation that you are dealing with a reliable person. As a Renter you are encouraged to conduct an independent investigation to ensure that the Owner is, as a matter of fact, entitled to rent the Vessel to you. As an Owner you are encouraged to conduct an independent investigation to ensure that the Renter is in a position to meet all of the obligations to you which obligations may be specified in an appropriate document relating to the transaction.
6. We make absolutely no guarantees as to
  1. the accuracy of any information provided by any User,
  2. the identity of any User.
7. Without derogating from the scope of the aforegong limitation and exclusion of liability, the attention of each User is drawn to the fact that we do not monitor the physical delivery or making available of any Vessel and that such delivery or making available is subject to arrangements made by the Owner and the Renter, using the Application as a means of communication.
8. Each User must, at all times, take all necessary measures to ensure that the User is protected and to be vigilant and to take adequate protective measures in all respects when using the Application or the Service.
Verification of Users
1. We obtain certain information from Users of the Application in order to verify their identities and to provide a degree of protection to Users if unexpected or abnormal events occur from the use of the Application.
2. As far as reasonably possible, we will protect the confidentiality of all information provided to us.
3. When Users engage on the Application e.g. when an Owner and a Renter are contemplating the rental of a Vessel and are exchanging pricing information certain information of each User will be passed to the other User including a name and User number.
4. The purpose of providing this information is to provide a measure of transparency in respect of the transaction so that the Users are afforded a degree of protection from being defrauded or harmed.
5. We also retain information on Users to ensure that should any activity take place which is criminal or which results in injury, loss or damage, the information is available to legitimate claimants or to responsible, official, duly authorised entities, as the case may be, to enable corrective or remedial action to take place.
6. Regardless of the preceding, neither we nor the Service Provider give any guarantees that Users are legitimate or that information provided is accurate, nor bear any responsibility for any inaccuracies therein or for any reliance placed on such information by any person.
7. Users have the sole discretion whether or not to trust the information provided and they exercise that discretion at their own risk.
Information and Accuracy
1. Users are required to provide certain information which may be regarded as personal or private.
2. Whilst we will make every reasonable effort to ensure that this information remains private and confidential, we make no guarantee to this effect.
3. We reserve the right to reveal information to other Users as far as may be reasonably necessary for the purpose intended by this Application i.e. as far as is necessary for transactions to take place as intended by the Application.
4. Information which we may require, in respect of each User, includes, but is not limited to, (1) your name, (2) your telephone number, (3) your email address, (4) your physical residential or business address.
No Spam
1. We do not tolerate spam. A User may not use the Website or the Application to send spam or unsolicited content to any other party.
2. We accept no responsibility for any content which may be placed on the Website by any User or third party but will act promptly to remove content, brought to our attention which in our discretion is harmful, untrue or not in good taste.
Reliability of the Service
1. We make no warranty that the Application will run without interruption or without fail.
2. We shall not be liable in the event of suspension, termination, interruption or any other interference with the Application or the Service regardless of losses which may be suffered as a consequence thereof.
Responsible Use
1. All Users make use of the Application at their own risk.
2. Users retain the responsibility to ensure that they make use of the Application reasonably and responsibly and that they take their own precautions for safety and protection against fraud at all times.
3. We shall bear no liability for any harm or loss directly or indirectly suffered by any User related to the use of the Application or by any other person.
Personal Information and Privacy
1. We take all reasonable steps to protect the confidentiality of each User’s personal information. Such information is only disclosed to a third party to the extent that is necessary to achieve the purpose intended by the Application. We make no guarantees in this regard and shall not be liable if any of the said information is accessed by unauthorised individuals.
2. Any process undertaken by us to verify the correctness or completeness of information received by us does not constitute a guarantee that the information is accurate.
Discrimination
1. The Service and the Application are open to all Users irrespective of race, colour, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, marital status or other factors. We encourage all Users to act upon the same principle.
2. No User while utilising the Service, the Application or the Website shall be permitted to discriminate against any other User or any party on any ground except as may in the circumstances be legally permitted. Any intentional violation of this principle by any User shall entitle us forthwith to suspend or cancel the use by that User of the Service, the Application or the Website, without incurring liability of any nature whatsoever to such User.
Indemnification
1. Each User by using the Application and the Service, does hereby indemnify us and the Service Provider in respect of any injury, death, illness or disease to any person, any damage to or loss of any property, any claim in respect of a breach of the intellectual property rights of any third party and against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith which may be occasioned by any act or omission by the User in respect of the Service or relating to or arising from the use of the Application.
2. We and the Service Provider are not liable for any delay or failure to perform in connection with any matter relating to the Application or the Service if such delay or failure is due without limitation, to acts of God, adverse weather, riots, insurrection, disease, pandemics, electrical failures, denial of permits by any authority or any other cause which is beyond the control of us and the Service Provider. The User hereby releases us and the Service Provider from any claim or demand for any direct or indirect damage and consequential damages arising out of our failure or the failure of the Service Provider to perform as a result of an event whether or not herein listed or any other event beyond our control.
Intellectual Property
1. We retain all right and title in and to the intellectual property subsisting in the Application and the Service including but not limited to copyright, trade marks, patents and designs.
2. No unauthorised use of any of our intellectual property is permitted.
3. Any party seeking a licence to make use of any of our intellectual property must formally request such a licence. The granting of such a licence, and the terms thereof, remains entirely in our discretion.
Copyright
1. Any unauthorised reproduction of any part of the Application or of content on the Website (where such content bears a copyright reserved notice) constitutes copyright infringement and we or the copyright owner, as the case may be, shall resort to all legal remedies to restrict such activity and to obtain restitution as the law may provide.
2. The Services contain proprietary materials included text, images and sound. We or the Service Provider are the owner or licensee of all such proprietary material and the intellectual property rights subsisting therein including without limitation copyrights and trade marks. Except for giving effect to the use of the Application or the Services you agree not to upload, download, distribute or reproduce in any way any such proprietary information without our prior written consent.
Changes to these Terms and Conditions
1. These Terms are subject to change at our discretion.
2. Any changes to the Terms can be made by us from time to time, as we deem necessary. The current version of the Terms is available at all times on our Website.
3. Users expressly waive their right, by using the Application, to rely on a lack of knowledge of the existence of or updates to these Terms.
4. By using the Application, all Users agree to all the provisions of the Terms.
5. We may immediately suspend or terminate your use of the Services or the Application if you breach any of the Terms or at any time or for any other reason at our sole discretion.
Linking to Third-Party Websites
1. The Application may link directly or indirectly to websites or services offered by other individuals or entities. We make no guarantees regarding those third-party websites or services.
2. Any following of third-party links or use of third-party services is done at the sole risk of the User and we shall bear no liability therefor, howsoever arising, of whatsoever nature, and whether directly or indirectly related to the use of the Application.
Applicable Law
1. These terms are to be interpreted and construed in accordance with the laws of the Republic of South Africa. The User submits to the jurisdiction of the courts of the Republic of South Africa.
Severability
1. If any provision contained in the Terms is found not to be enforceable, the remainder of the Terms shall continue to operate with any necessary changes and the unenforceability of one provision shall not affect the enforceability of any other provision.
Important Information in terms of ECT Act
In accordance with the Electronic Communications and Transactions Act (ECT Act), our information is as follows:
Name:
Registration Number:
Main business:
Physical address for legal service:
Office bearers:
Phone number:
Email address:
PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act can be obtained here.

These Terms constitute the basis of the entire agreement between us, the Service Provider and the User in respect of all matters relating to the Application or the Service and no variation, alteration or consensual cancellation of any provision of the Terms shall be of any force or effect unless in writing and signed by the appropriate parties.
Waiver
1. No waiver of any provision of the Terms shall be deemed a waiver of any other provision of these Terms.
2. No joint venture, partnership, agency or employment relationship is established or exists between any User and us or the Service Provider as a result of the Service or the use of the Application.
Claim
1. Any claim by a User relating to the Application or the Service must be communicated to us in writing within 30 days from the date of the incident which gave rise to the claim and the right to raise a claim shall automatically be extinguished after such 30 days.
2. Each User may bring a claim against us or the Service Provider in an individual capacity only and may not bring a claim as a plaintiff or class member in any class action, consolidated action or representative action.
Security
1. We will take all reasonable steps to safeguard the information which we obtain which relates to any User. Generally accepted security industry standards are used to protect personal information. It is recognised though that the transmission and storage of data is not immune to attack or misuse by unauthorised persons and therefore we cannot guarantee complete security of any User’s information. Against that background we reserve the right to comply with any legal request to disclose information or to use information in our possession in order to address and counter any security breach.
2. Additionally we have the right to access each User’s account to ensure that the information recorded therein is accurate and adequate to enable us to meet our obligations to each User.
3. Each User undertakes to use the Application only for lawful purposes and in accordance with the Terms and not to do anything which could adversely affect the normal working of the Application, nor use any automated system to access the Application, nor copy or distribute any part of the Application nor use any virus or equivalent software or mechanism to interfere with, misdirect or otherwise disrupt the working of the Application or the provision of the Service to any User.
4. You shall comply with all applicable laws, statutes, ordinance and regulations regarding your use of the Services and the Application.
Pricing and Payment Terms – Payment Structure
1. Users are not required to pay subscription fees to us.
2. In operation of the Application a Vessel is made available for renting by an Owner by means of an appropriate posting on the Website. The Owner is entitled to include in such posting all relevant information which the Owner deems desirable in order to promote the renting of the Vessel.
3. In respect of each posting relating to a Vessel the Owner shall specify the fee which will be payable by the Renter of the Vessel. Such fee shall be inclusive and shall be in respect of the full period for which the Vessel is to be rented (referred to herein as the Transaction Charge).
4. A fee of 26% of the Transaction Charge of any transaction implemented through the use of the Application is payable to us. The 26% fee is structured as follows:
  1. the Owner offering a Vessel for rent through the Application must pay 15% of the total Transaction Charge for the use of our Service. This is made up as follows: 12% of the Transaction Charge is attributable to a booking fee and costs and services relating to the hosting of Platform, and a 3% component in respect of a payout fee;
  2. the Renter renting a Vessel through the Application must pay us 11% of the Transaction Charge. 8% is in respect of the maintenance and for the use of our Platform and in respect of other services provided by us, and 3% comprises a payment gateway fee for the provision of the Service.
5. We reserve the right to correct any pricing error on the Application or on the Website, in respect of any reservation, pending or completed, with immediate notice to the Users affected thereby.
6. We reserve the right on 24 hours’ notice to change any pricing on the Application or the Website, in respect of any reservation pending or completed.
7. Bear in mind that our primary service is to provide a facility whereby Users may engage and connect with other Users and in particular whereby Owners may offer Vessels for rent, and potential Renters may use our Platform and Website to identify suitable Vessels for renting.
8. In the absence of satisfactory payment to us through other means we may ask for your credit card number and billing information to enable payment to be made in respect of our Services. If any payment made to us is below our standard charge and such deficit is due to the effect of an exchange rate variation or currency fluctuation then the User shall be liable to make good the deficit forthwith to us. Conversely if any payment made to us is above our standard charge and such excess is due to the effect of an exchange rate variation or currency fluctuation then we will make good the excess.
9. Each User is solely responsible for remitting to the relevant authorities any taxes which may be payable by any User. Neither nor the Service Provider nor any party associated with us provides any tax related advice to any User.
10. If a User is not able to make use of the Service or the Application due to circumstances which are beyond the reasonable control of the User then, at our discretion, subject to the User providing proof to our satisfaction of such circumstances the User may qualify for a free cancellation. This may extend to a refund of all or part of any payment you have made to us. We decide each situation on a case-by-case basis and at our sole discretion. We may also consider other factors when assessing your eligibility under this policy upon submission of satisfactory documentation, proving the situation as requested. Your eligibility for extenuating circumstances shall cease if you do not, within 30 days of the event which gave rise to such inability, inform us fully of the event and of all the surrounding circumstances.
11. We will not be liable n any way for the recovery of money which one User may have paid to another User.
12. If a User pays any money to us or the Service Provider or undertakes to enter into any agreement with us or the Service Provider and subsequently due to circumstances is unable to continue with the agreement then we will consider the situation and, at our sole discretion, if the failure of the User is due to matters beyond the reasonable control of the User we will refund all or part of such payment, will cancel the agreement in whole or in part.
Privacy Policy and Cookies
1. To enable the Application to function effectively and for the Service to be of a high quality, a User is required to submit personal information including but not limited to full name, physical address, telephone number, email address.
2. Additionally credit card and billing information is required for the processing of transactions in respect of the Application.
3. We use the aforementioned information to promote the Application and to facilitate efficient functioning of the Application. If we are legally obliged to furnish any part of such information to a legally authorised third party then we will comply with the law.
4. Any content which you may post to a Website is regarded as non-confidential and non-proprietary.
5. You are responsible for maintaining the confidentiality of your account, password, credit card information and other details which could be used for illegal purposes.
6. We take all reasonable precautions to protect your information but we disclaim all liability if, for any reason, any of your information is obtained by a third party and misused.
7. Any third party who assists in providing the Service and the use of the Application may have access to your information but such third party is obligated not to use nor disclose the information for any purpose other than for facilitating the Service or the Application.
8. We do use Cookies to collect information and to enable the quality of the Service to be monitored. It is possible that a third party advertiser may place a Cookie on your browser but you have the option not to accept a Cookie. If you want to opt out of Cookie tracking please contact us for the procedure to be followed.
The Application and the Service may be used only for lawful purposes and without restricting the aforegoing may not be used for any of the following:
1. in any way which violates any law, local or foreign.
2. to expose any person and in particular minors, to inappropriate content.
3. to facilitate the sending of junk mail, spam or any similar device to do anything which is harmful to or which interferes with the use by any third party of the Service or the Application.
We do not endorse any User nor any listing on the Website and we do not make any representations about or endorse or confirm the identity or background of any User or third party on the Website.
Any agreement between Users other than through the medium of the Service or the Application which results in the exchange of value whether in the form of money or otherwise is prohibited and is a violation of these Terms and in that event we can take immediate action without further notice to prevent such Users from using the Service or the Application.
We do not provide any advice or recommendation regarding the selection of a User. Any comments or reviews on the Website posted by Users do not represent our views nor the views of the Service Provider and are not endorsed by us nor by the Service Provider.

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