Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Nalomba, a peer-to-peer rental platform operated by Heyluno (Pty) Ltd ("Nalomba","we," "our," or "us"), registered in the Republic of South Africa with registration number 2022/854858/07.

These Terms of Service constitute a legally binding agreement between you and Heyluno governing your access to and use of the Nalomba website, mobile application, and services (collectively, the "Platform").

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

These Terms include and incorporate our Privacy Policy, Community Guidelines and any other policies we reference in these Terms.

2. Definitions

In these Terms, the following definitions apply:

• "Platform" means the Nalomba website, mobile application, and any related services provided by us.
• "Content" means text, graphics, images, music, software, audio, video, information or other materials.
• "Lender" means a User who offers an Item for rent on the Platform.
• "Listing" means an Item listed by a Lender for rent on the Platform.
• "Item" means any physical good offered for rent through the Platform.
• "Rental" means the temporary use of an Item by a Renter in accordance with a Listing.
• "Renter" means a User who rents an Item from a Lender through the Platform.
• "User" means any person who has registered an account on the Platform.
• "User Account" means the account created by a User to access and use the Platform.
• "User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing or User Account.

3. Eligibility and Account Registration

3.1 Eligibility

To access and use the Platform, you must be at least 18 years old and able to form legally binding contracts. By accessing or using the Platform, you represent and warrant that you meet these requirements.

3.2 Account Registration

To use certain features of the Platform, you must register for a User Account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your User Account credentials and for all activities that occur under your User Account. You agree to notify us immediately of any unauthorised use of your User Account or any other breach of security.

3.4 Verification

We may, in our sole discretion, require Users to verify their identity or provide additional information to access certain features of the Platform. Verification may include, but is not limited to, providing a valid government-issued ID, proof of address, or other documentation.

3.5 One Account Per User

You may not register for more than one User Account unless we explicitly permit it. You may not transfer your User Account to another person.

4. Platform Rules and Prohibited Activities

4.1 General Rules

You agree to use the Platform in compliance with these Terms, our Community Guidelines, and all applicable laws and regulations.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable law, regulation, or third-party rights
• Use the Platform for any illegal, fraudulent, or unauthorised purpose
• Manipulate or interfere with the operation of the Platform
• Circumvent any security features of the Platform
• Use the Platform to transmit harmful code, including viruses, malware, or spyware
• Harvest or collect user data without consent
• Impersonate any person or entity
• Post false, misleading, or deceptive content
• Engage in any activity that could damage, disable, overburden, or impair the Platform
• Rent prohibited items as outlined in our Community Guidelines
• Engage in off-platform transactions to circumvent our fees
• Create multiple User Accounts for abusive purposes

4.3 Reporting Violations

If you observe content or behaviour that violates these Terms, please report it to us immediately through our reporting tools or by contacting our support team.

5. Listing and Rental Policies

5.1 Listings

As a Lender, you are responsible for ensuring that your Listings are accurate, complete, and not misleading. You must disclose all material information about the Item, including any defects or limitations.

You represent and warrant that you have the legal right to offer the Item for rent and that the Item complies with all applicable laws and regulations.

5.2 Rental Agreement

When a Renter requests to rent an Item and the Lender accepts, a legally binding rental agreement is formed between the Lender and Renter. Both parties agree to honour the terms of the rental, including the rental period, price, and any specific conditions agreed upon.

5.3 Condition of Items

Lenders are responsible for accurately describing the condition of Items in their Listings and making reasonable efforts to ensure they are clean and functional at the start of the rental. Renters are responsible for inspecting the Item upon receipt and should notify the Lender of any discrepancies with the Listing description.

5.4 Prohibited Items

Certain Items may not be listed on the Platform, including but not limited to illegal items, dangerous goods, counterfeit products, recalled items, and items that violate third-party intellectual property rights. For a complete list, please refer to our Community Guidelines.

5.5 Insurance and Care of Items

5.5.1 Lender Insurance Responsibilities

The Lender, as the legal owner of the Item, shall be solely responsible for obtaining and maintaining appropriate insurance coverage for all Items listed on the Platform. Nalomba does not provide any insurance coverage for Items rented through the Platform.

5.5.2 Insurance Acknowledgment

The Lender acknowledges and agrees that:

• They have confirmed with their insurer that their Items are covered for peer-to-peer rental purposes;
• Nalomba bears no responsibility for any damage, loss, or theft of Items, regardless of cause;
• They will not hold Nalomba liable for any insurance excess payments, premium increases, or claims denials resulting from rentals arranged through the Platform;
• No insurance relationship exists between Nalomba and any insurer providing coverage for Items listed on the Platform.

5.5.3 Borrower Care Responsibilities

The Borrower acknowledges and agrees that:

• They shall exercise reasonable care when in possession of the Item and use it only for its intended purpose;
• They shall comply with all usage instructions provided by the Lender;
• They shall not lend, sublease, or otherwise transfer possession of the Item to any third party;
• They shall be financially responsible, up to the full replacement value, for any damage, loss, or theft occurring while the Item is in their possession, regardless of fault or circumstances;
• Their personal insurance policies (such as homeowner's or renter's insurance) may not cover Items borrowed through the Platform, and it is their responsibility to determine coverage before renting.

5.5.4 Indemnification

Both Lenders and Borrowers agree to indemnify and hold harmless Nalomba, its officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with any insurance claims, damage, loss, or theft of Items rented through the Platform.

5.5.5 No Platform Liability

Nalomba expressly disclaims all liability related to the condition, functionality, safety, or insurance status of any Item. The Platform serves solely as a marketplace connecting Lenders and Borrowers, and does not guarantee, warrant, or insure any Items listed or rented through the Platform.

5.5.6 Documentation of Condition

It is strongly recommended that both Lenders and Borrowers thoroughly document the condition of Items (through photographs or video) at both pickup and return to establish a record in case of disputes regarding damage.

5.5.7 Security Deposits

Lenders have the option to require security deposits for their Items, which may provide limited protection against minor damage or loss. However, security deposits:

• Do not replace the need for proper insurance coverage as outlined in sections 5.5.1 and 5.5.2;
• May not cover the full replacement value of high-value Items;
• Do not diminish the Borrower's responsibilities as outlined in section 5.5.3;
• Are subject to the dispute resolution process outlined in section 8 if disagreements arise regarding damages or deductions.

The collection, holding, and release of security deposits are governed by the terms set forth in section 6.4.

6. Payment Terms and Fees

6.1 Payment Processing

All payments on the Platform are processed through our secure payment system. Users may not exchange payment off-platform for rentals arranged through the Platform.

6.2 Rental Fees

Lenders set their own rental fees for Items. The total amount charged to Renters may include the rental fee, service fee, security deposit, and applicable taxes.

6.3 Service Fees

We charge service fees to both Lenders and Renters for using the Platform. These fees help us maintain and improve the Platform and provide customer support. Service fees are calculated as a percentage of the rental fee and are clearly displayed before a rental is confirmed.

6.4 Security Deposits

Lenders may require a security deposit for their Items. Security deposits are held by Nalomba and returned to the Renter within 7 days after the rental period ends, provided the Item is returned in the agreed condition. If the Item is damaged, lost, or stolen, the security deposit may be used to compensate the Lender.

6.5 Taxes

Users are responsible for determining and paying all applicable taxes related to their use of the Platform, including but not limited to value-added tax (VAT) and income tax. Where required by law, we may collect and remit taxes on behalf of Users.

6.6 Currency

All transactions on the Platform are processed in South African Rand (ZAR).

7. Cancellation and Refund Policies

7.1 Cancellation by Renters

Our cancellation policy is as follows:

• More than 48 hours before pickup: Full refund to the borrower, no payment to the lender.
• 24-48 hours before pickup: 50% refund to the borrower, 25% payment to the lender.
• Less than 24 hours before pickup: No refund to the borrower, 50% payment to the lender.
• After pickup: No refund to the borrower, full payment to the lender.

Service fees may be non-refundable in certain circumstances.

7.2 Cancellation by Lenders

Lenders should avoid cancelling confirmed rentals. If a Lender cancels a confirmed rental, they may be subject to penalties, including:

• A cancellation fee
• Negative impact on their Lender rating
• Restrictions on future Listings

If a Lender cancels, the Renter will receive a full refund, including all fees.

7.3 Extenuating Circumstances

In certain extenuating circumstances (e.g., natural disasters, medical emergencies), we may override the standard cancellation policy and issue appropriate refunds. Documentation may be required to verify extenuating circumstances.

8. Dispute Resolution Process

8.1 Direct Resolution

If a dispute arises between Users, they should first attempt to resolve the issue directly through the Platform's messaging system.

8.2 Platform Mediation

If Users cannot resolve a dispute directly, either User may request assistance from our customer support team, who can provide communication tools and non-binding guidance to help facilitate a resolution.

8.3 Binding Arbitration

For any dispute that cannot be resolved through our mediation process, you agree to first attempt to resolve the dispute informally. If we cannot resolve the dispute informally, any claim will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the Arbitration Foundation of Southern Africa (AFSA) under its rules. The AFSA's rules are available at www.arbitration.co.za. Payment of all filing, administration, and arbitrator fees will be governed by the AFSA's rules.

8.4 Class Action Waiver

You agree that any arbitration or court proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or legal proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

8.7 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice or conflict of law provision or rule.

9. Intellectual Property Rights

9.1 Platform Content

The Platform and its original content, features, and functionality are owned by Nalomba and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 User Content

By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.

You represent and warrant that you own or have the necessary rights to grant us the licence to use the User Content as described above.

9.3 Feedback

If you provide us with any feedback or suggestions regarding the Platform ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

9.4 Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our copyright agent with the following information:

• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Platform
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf

10. Privacy and Data Protection

Our Privacy Policy, describes how we collect, use, and share information about you when you use the Platform. By using the Platform, you consent to our collection, use, and sharing of information as described in our Privacy Policy.

We comply with the Protection of Personal Information Act (POPIA) and other applicable data protection laws in South Africa. You have the right to access, correct, and delete your personal information in accordance with these laws.

11. Limitation of Liability

To the maximum extent permitted by law, Nalomba and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorised access, use, or alteration of your transmissions or content
• The quality, safety, legality, or condition of any Item
• The conduct of any User

Our total liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the amount you have paid to us in the 12 months prior to the action giving rise to liability or (b) R1,000.

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by law

12. Indemnification

You agree to defend, indemnify, and hold harmless Nalomba and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Platform
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Any claim that your User Content caused damage to a third party
• Any transaction or relationship between you and any other User

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use the Platform or maintain a User Account.

13.2 Termination by You

You may terminate your User Account at any time by following the instructions on the Platform. Termination of your User Account does not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to Nalomba or any other User.

13.3 Termination by Us

We may suspend or terminate your access to the Platform and your User Account at any time, without notice, for any reason, including but not limited to:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Requests by law enforcement or other government agencies
• Discontinuance or material modification of the Platform
• Unexpected technical or security issues
• Your engagement in fraudulent or illegal activities

13.4 Effect of Termination

Upon termination of your User Account, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Platform.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Nalomba on the Platform, shall constitute the entire agreement between you and Nalomba concerning the Platform.

15.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Nalomba. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.

15.5 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Nalomba: (i) via email (in each case to the address that you provide); or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15.6 No Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms. Neither Nalomba nor any User has any authority to bind the other in any respect.

15.7 Force Majeure

Nalomba shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, laws, or regulations.

16. Contact Information

If you have any questions about these Terms, please contact us at: