A. Terms of Service
Effective Date: April 6, 2017
These Terms of Service constitute a legally binding agreement between you and Scuttle (Pty)Ltd, governing your use of www.scuttle.co.za (“Scuttle.co.za,” “Scuttle” or the “Site”). The use of the term “we” incorporates anyone working on Scuttle’s behalf, including its owners, employees, managers, agents, contractors, attorneys and volunteers.
By clicking the checkout button, in initiating a request or accessing and using any part of the Site, or sending an email confirming that you agree to the Terms of Service, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. Scuttle reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on Scuttle.co.za.
Scuttle rents out and delivers equipment and gear. The scope of gear is not limited to any activity.
Use of Scuttle is limited to individuals who are 18 years of age or older. In initiating a Rental Request with Scuttle.co.za, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful.
Users do not need an account to access Scuttle at this time. Users do however need to create an account to check out.
User: Anyone who accesses the Site for any purpose whatsoever.
Renter (also referred to as “You”): A User who submits a Rental Request to rent Item(s) on Scuttle.co.za.
Delivery Time: Either (1) the date and time window when the Renter would like the Item(s) to be delivered; or (2) the date and time window when the Renter would like to pick up the Item(s) from Scuttle. Renter agrees that he or she will pick up the Item(s) at any time within the window specified at an address to be coordinated in writing between Scuttle and the Renter.
Pickup Time: Either (1) the date and time window when the Renter would like the Item(s) to be picked up. Renter agrees that delivery can be made at the address provided, following any provided instructions, at any time within the window specified (see example above); or (2) the date and time window when the Renter would like to return the Item(s) to Scuttle. Renter agrees that he or she will return the Item(s) at any time within the window specified at an address to be coordinated in writing between Scuttle and the Renter.
Item: The physical item requested for use as part of the Rental Request.
Rental Request or Request: The entirety of a Rental Request, entered at Scuttle.co.za and consisting of:
- All of the Item(s) desired (e.g., 2-person tent) and any detailed product specifications desired (e.g., 2-person tent that is blue);
- The Delivery Time, and address and optional instructions for delivery (if Renter would like to get the Item(s) delivered by Scuttle);
- The Pick-Up Time, and address and optional instructions for pick up (if Renter would like to get the Item(s) picked up by Scuttle);
- Renter’s email or phone; and
- Payment for the Item(s).
5. The Rental Process
Once a Request has been submitted, it cannot be changed or canceled by the Renter without penalty.
In order to ensure that the process works as smoothly as possible, Scuttle recommends that the Renter:
- Carefully review Rental Requests before submitting;
- Build in adequate buffer for Delivery Time to inspect the items taking into consideration that the items will be delivered the day before your rental period starts;
- Build in adequate buffer for Pickup Time (e.g., in case of a late return home); and
- Write clear and specific instructions for delivery and pick up, as needed.
We understand that, at times, extreme circumstances will arise. If there is an emergency and you need to cancel or change a Request, email us before the Delivery Time. If there was an emergency that caused you to miss a delivery or pick up, email us as soon as you are able. We can be reached at info@Scuttle.co.za. Per our evaluation of the circumstances, we may waive penalties.
At any point in the Rental Process up until the Renter has completed picking up his or her gear Item(s) (e.g., when the Request is made, when the Renter arrives to pick up), we reserve the right to refuse service and cancel the Request for any reason.
- Confirming the Rental Request.Once a Renter submits a Rental Request at Scuttle.co.za, Scuttle will, generally within one day, confirm receipt of the Request and, for each Item, confirm that it will be fulfilled or canceled.
Cancellation will occur in rare instances where a Renter’s product specifications cannot be met i.e. an item was damaged by a previous Renter and is not suitable to rent out. If we need to cancel an Item(s), we will provide a 100% refund to the Renter for the cost of that Item.
If you did not receive a confirmation (and you have checked your spam folder), email us at info@Scuttle.co.za.
- Cancellation Policy.If a Renter decides to cancel either individual item(s) or the entire Request, he/she shall be subject to the following:
For Requests or individual Item(s) canceled more than 24 hours in advance of the Delivery Time or 48 hours before your trip, Renters shall be entitled to a full refund of all payments received by Scuttle for the Request or Item(s) cancelled, including the refundable deposit as defined when ordered.
For Requests or individual Items canceled with less than or equal to 24 hours in advance of the Delivery Time or 48 hours before your trip, Renters shall forfeit 100% of all payments received by Scuttle for that Request or individual Item(s), excluding the refundable deposit as defined when ordered.
If the entire Request is cancelled, applicable refunds are generally processed within 3 days of notice of cancellation. If individual item(s) are canceled, applicable refunds are generally processed within 3 days of the end of the Request (the Pickup Window).
- Changes to Rental Request.Only reductions in an order will be accommodated. Additional items need to be ordered separately. For example, if a Renter decides to modify the Request before the Item(s) have been delivered (e.g., he/she wants one less item), Delivery Time, Pickup Time, delivery instructions, pickup instructions, etc., Scuttle will make every attempt to honour the Request. If we cannot accommodate the change(s), we will notify the Renter immediately. If the Renter then decides to cancel all or part of Request, Renter will be responsible for the Cancellation Fees in accordance with the policies outlined above in Section 5.b.
To make any changes to the Rental Request, email firstname.lastname@example.org.
- Additional Item(s) need to be ordered separately
- If Renter decides to add a delivery or pickup service, these will be subject to the availability of Scuttle to make such changes. Approved delivery or pickup service(s) are charged at either the standard rate or the quoted rate from Scuttle (either verbally or in writing)
Changes that result in additional charges may be paid for either via Renter’s existing card or other methods negotiated at time of change (e.g., cash if during the Delivery Window). All changes (e.g., additional Item(s) or delivery or pickup service(s) will be subject to the same terms and conditions of these Terms of Service).
- Delivery and Pickup.All exchanges must be facilitated in person. The Renter may, however, specify a person other than himself or herself to facilitate the exchange (e.g., a friend, doorman or company receptionist). Due to security issues, if a Renter elects for Scuttle to deliver and pick up the Item(s), we cannot leave an Item(s) in, nor can we pick up an Item(s) from, lobbies or doorways or any other non-manned location. Similarly, if a Renter elects to pick up and return the Item(s) to Scuttle himself or herself, the Item(s) cannot be left in a non-manned location.
Any Request that implies that an Item(s) are to be left in an unmanned location will need to be modified by the Renter. If unable to specify an exchange in accordance with these policies, Renter may then cancel in accordance with Section 5.b.
- Delivery by Scuttle: If our agent is not able to successfully deliver Item(s) within 10 minutes after arrival at the specified address, the Renter may then coordinate a new time (before the Pickup Time) to either: 1) pick up the Item(s) himself or herself from Scuttle, or 2) have Scuttle re-attempt delivery. Each additional delivery attempt will cost a minimum of R50 (R50 within Cape Town, other locations have different rates to be determined by Scuttle).
- Pickup by Scuttle: If our agent is not able to successfully pick up all the Item(s) within 10 minutes after arrival, the Renter may then coordinate, subject to the late fee outlined below, a new time within 3 days of the original Pickup Time to either: 1) return the Item(s) himself or herself to Scuttle, or 2) have Scuttle re-attempt pickup. Each additional pickup attempt will cost a minimum of R50 (R50 within Cape Town, other locations have different rates to be determined by Scuttle). The Renter is responsible for a late fee of R100 per Item per day for each day that Item(s) are not returned after the original Pickup Time. After 3 days, the Renter will be responsible for the full replacement cost(s) of any Item(s) still outstanding.
- Pickup by Renter (at the Delivery Time): If Renter does not pick up the Item(s) within the Delivery Time, the Renter may then coordinate a new time (before the Pickup Time) to either: 1) pick up the Item(s) himself or herself from Scuttle, or 2) have Scuttle deliver the items. Each delivery attempt will cost a minimum of R50 (R50 within Cape Town, other locations have different rates to be determined by Scuttle).
- Return by Renter (at the Pickup Time): If Renter does not return the Item(s) within the Pickup Time, the Renter may then coordinate a new time, subject to late fees outline below, within 3 days of the original Pickup Time to either: 1) return the Item(s) himself or herself to Scuttle, or 2) have Scuttle pickup. Each pickup attempt will cost a minimum of R50 (R50 within Cape Town, other locations have different rates to be determined by Scuttle). Renter is responsible for a late fee of R100 per Item per day for each day that Item(s) are not returned after the original Pickup Time. After 3 days, the Renter will be responsible for the full replacement cost(s) of any Item(s) still outstanding.
In all instances where the Item(s) were not delivered in accordance with the original Delivery or Pickup Times and a new time must be coordinated for either Renter to pick up or return or Scuttle to re-attempt delivery or pickup, this new time will be subject to the availability of Scuttle. Scuttle makes all attempts to work with the Renter on a viable new time, but in cases where this is not possible, the request may be treated as a cancellation by Renter as outlined in Section 5b. For example, if Renter requests delivery between 3pm and 5pm, and Scuttle arrives at 4:30pm, waits until 4:45pm, is unable to make delivery and leaves, and then Renter and Scuttle are unable to coordinate another time because Renter’s trip begins at 7pm and Scuttle is occupied with other rental requests until 7pm, then this request will be treated as a cancellation by Renter as outlined in Section 5b. In another example, if Renter requests pickup between 10 and 11am, and Scuttle arrives at 10:30am, waits until 10:45am, is unable to pick up and leaves, and then Renter and Scuttle are unable to coordinate another time within 3 days, then Renter will be responsible for replacement cost of Item(s). For delivery and pickup attempts by Scuttle, if no special instructions are provided, or if instructions could not be carried out successfully, our agent will attempt to contact the Renter by phone. At this time, all Item(s) rented must be delivered or picked up together from one location. However, the delivery address can be different than the pickup address.
- Inspection of the Item(s).We encourage the Renter to inspect Item(s) received. Once the Renter leaves with the Item(s) if s/he is picking up, or 3 hours have passed since the Item(s) have been delivered to the Renter, the Renter assumes responsibility of the Item(s) in accordance with Sections 6 and 7 below.
If the Renter:
- Demonstrates or documents that any of the Item(s) are damaged to the extent that they are unusable, Scuttle will first try to find replacement Item(s) and deliver such Items without additional cost. If replacement Item(s) cannot be found, we will cancel the Item(s) and refund the amount paid for the canceled Item(s); or
- Demonstrates or documents that any of the Item(s) are damaged but still usable, the Renter has a choice: s/he may use the Item(s) with the understanding that Scuttle will not charge fees to repair the damage that was demonstrated and documented (does not extend to any non-demonstrated and non-documented damages, which will be assumed to be new and dealt with in accordance with Section 8), or s/he may choose to receive a replacement Item(s) in the same manner as describe in the previous bullet
- Decides that an Item(s) are no longer needed for reasons unrelated to the condition of the Item(s), the Request will be treated as a cancellation with less than 24 hours’ notice in accordance with Section 5.b.
If the Renter is picking up gear in person, damage must be demonstrated (i.e., shown live) to the Scuttle agent helping the Renter with the gear request. The Scuttle agent will stand by for as long as required for the Renter to sufficiently inspect the Item(s).
If the Renter is receiving delivery from Scuttle, s/he must provide photographic documentation of damages (sent to email@example.com) because the courier agent is likely not affiliated with Scuttle and does not have the expertise to assess damages (i.e., showing damages to the courier agent is insufficient). The courier agent is also not under any obligation to wait for the Renter to complete his or her inspection of the Item(s).
- Payment Authorization. For all Rental Requests processed through the Site, You authorize Scuttle to process all fees for services and Items selected by You during the checkout process. For any in-kind transactions requested by You, such transactions shall be subject to a separate written agreement between the parties
- Deposit. A refundable deposit is required on a per-order basis for any rental request. There may be other special instances in which we will charge a deposit on a per-item basis due to the high probability of irreparable damage to gear rented. For example, deposits are required for rental requests that overlap the Afrika Burn period, even if you are not planning to take the gear to Afrika Burn because we cannot verify where you are going.
Deposits shall be fully refunded if items are returned in the same order and condition in which they were received, in accordance with Section 8. If Renter incurs additional fees, such as repair, replacement, restoration, or re-pickup fee, etc., Scuttle may deduct up to the full amount of the deposit to cover these fees. If the deposit is not enough to cover the additional fees, Renter shall be responsible for the remainder of costs incurred to repair, restore, or replace damaged Item(s).
Renter’s Representations and Warranties
The Renter agrees that s/he is solely responsible for his/her health and safety and certifies that he/she has the experience, skill, and ability necessary to use Item(s) rented. Renter agrees that s/he is responsible for knowing how to properly use the Item(s) and for obtaining necessary instruction as needed.
Renter shall be solely responsible for all Item(s) rented, regardless of whether Renter permits or shares Item(s) with additional persons. Renter understands that there is no insurance coverage provided and s/he shall be financially responsible for all lost, theft, abnormal wear and tear and cleaning of any Item(s) rented pursuant to these Terms of Service.
6. Assumption of the Risk, Release and Indemnification
- Acknowledgement of Risks.The Renter understands and acknowledges that there are known and unknown risks that could arise from the rental and use of any Item(s) obtained from the Site and his/her participation in activities for which Item(s) were obtained. These risks can arise not only from the general existence or use of such Item(s), but also from the malfunction or misuse of such Item(s), whether through the Renter’s own negligence or the negligent acts or omissions of those assisting or instructing on the use of Item(s). Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. The Renter understands and acknowledges that the above examples of risks are not an exhaustive list, given the nature of unknown risks. The Renter understands that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to the Renter or other third parties, and property (whether of the Renter or of other third parties).
- Acceptance of Risks.The Renter expressly agrees and covenants to accept and assume all risks related to the rental of any Items from the Site. The Renter voluntarily elects to rent and use such Item(s) despite these known or unknown risks.
- General Release.The Renter hereby voluntarily releases, forever discharges and covenants not to sue Scuttle (Pty) Ltd and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns (“the Released Parties”) on behalf of him/herself and his/her spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to his/her rental of Item(s) from the Site, including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties.
- The Renter further agrees and covenants to defend, indemnify and hold harmless the Released Parties in connection with any liability, actual or alleged claims, demands, actions or causes of action, damages and/or injury to property or persons brought by any third party arising out of (i) the rental of any Item(s), including, but not limited to, any claims relating to the negligent acts or omissions of the Released Parties; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties set forth in Section 6. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, attorneys’ fees and related costs, expenses, as well as reimbursement to Scuttle (Pty) Ltd for all legal expenses and costs incurred by it in connection with any such claims or in the enforcement of this Agreement.
7. Damage to or Loss of Item(s)
Upon delivery, the Renter should inspect the items (see Section 5.e.) and immediately identify pre-existing damage and/or take photos of Item(s) to avoid being liable for any repair costs. The Renter should also not attempt to clean the Item(s) mechanically (e.g., using a laundry machine) in order to avoid accidental damage for which he/she may then be liable. Basic cleaning (e.g., brushing the dirt off or wiping the surface down with a dry brush or cloth) is generally acceptable.
The Renter shall keep all Item(s) exchanged in the order and condition in which they were accepted and shall return them (and their accessories, such as carrying cases) in the same order and condition, save for reasonable wear and tear. Other accessory items used to power the Item(s) rented, such as batteries or gas canisters, should be returned even if drained of power (so that we may properly reuse/recycle such items, and better understand power consumption for Item(s) that we rent).
To the extent that damages are incurred by the Renter during his/her possession of Item(s), he /she should notify Scuttle when Item(s) are picked up or returned. Scuttle will calculate reasonable repair costs (even if the Renter does not notify Scuttle, as we conduct inspections of Item(s) after they are returned) and notify the Renter. Items should be returned dry, if items are returned wet, there may be up to a R250 per item drying fee (outdoor equipment can become damaged or even unusable if stored wet for prolonged periods of time).
If the Renter loses any of the Item(s) rented, Scuttle will calculate the reasonable replacement cost for the Item(s) and notify the Renter.
Scuttle will make attempt to notify the Renter of any repair or replacement costs no later than 7 business days after the Pickup Time. However, Scuttle will notify the Renter if more time is required to obtain an estimate of repair costs (for example, if we have to send gear back to manufacturer for an appraisal of repair cost). Scuttle may continue to make courtesy attempts to notify Renter of repair or replacement costs if Renter does not respond. However, if Renter does not respond, Scuttle reserves the right to charge the Renter for the full repair or replacement cost as stated in the notifications.
8. Personal effects accidentally returned with Item(s)
Scuttle shall not be responsible for loss or damage to personal effects left behind by Renters. Scuttle will make a reasonable effort to return any Items that Scuttle determines, in its sole and absolute discretion, to be of value to the Renter. If Scuttle finds Renter’s personal effects returned with Item(s) (e.g., in pockets), Scuttle will use its own discretion to determine whether or not to contact the Renter about picking up said effects. Generally, Scuttle will assume less valuable effects can be disposed of (e.g., pens, receipts, paper or cloth napkins or tissues). For more valuable items (e.g., electronic devices, other gear belonging to the Renter), Scuttle will contact the Renter via email used in request to try and schedule a time for the Renter to pick up the object, or for the Renter to pay for Scuttle to ship the object back. However, it is ultimately the Renter’s responsibility to remove personal effects before returning Item(s). Scuttle is not responsible for any personal effects belonging to the Renter, including if it is discovered to be damaged upon return (either picked up by the Renter or shipped to the Renter), if it cannot be found (Renter thought s/he left it with Item(s) but we could not find it), if it is disposed of because Scuttle thought it was not valuable, or if it is disposed of because Scuttle did not hear back from the Renter after attempting to contact him or her about returning the object.
9. Prohibited Conduct
In your use of the Site, you may not:
- Write false, inaccurate, misleading, defamatory or harassing content.
- Violate any law, statute, ordinance or regulation.
- Infringe upon any patent, copyright, trademark, trade-secret, right of publicity or other third party rights.
- Engage in any transactions through the Site that would violate any criminal or civil law, statute, ordinance or regulation.
- Impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity.
- Write, or attempt to write, obscene or sexually explicit content.
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm Scuttle or its Users.
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Scuttle.
- Distribute or post spam, unsolicited or bulk electronic communications to Scuttle Users.
- Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever.
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on Scuttle’s infrastructure.
- Interfere or attempt to interfere with the proper working of scuttle.co.za, services or tools.
- Bypass Scuttle’s robot exclusion headers or other measures Scuttle may use to prevent or restrict access to scuttle.co.za.
10. Content Licenses
By submitting, writing, posting, storing or transmitting any content to Scuttle or onto a platform managed by Scuttle (e.g., its Facebook page, Twitter, Youtube or Instagram account), including, but not limited to photographs of Users and/or items exchanged, Users grant Scuttle a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without compensation or accounting. Users irrevocably waive any claims based on moral rights, if any.
11. Idea Submissions
Non-Proprietary: Scuttle considers any suggestions, ideas, proposals or other material submitted to it by Users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. Scuttle shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant Scuttle, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
13. Customer Support
Scuttle is available by email at firstname.lastname@example.org to address any questions or concerns you may have. Most concerns can be quickly resolved in this manner.
14. Scuttle’s Intellectual Property
Copyright: Scuttle owns all materials on scuttle.co.za, including, without limitation, Scuttle’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof. You may not use such materials without permission. © 2018 Scuttle (Pty) Ltd. ALL RIGHTS RESERVED.
Trademarks: Scuttle and its logos are trademarks owned by Scuttle. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Scuttle.
Ownership and Use: Scuttle will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of scuttle.co.za or these Terms of Service.
Your Content: Scuttle will not acquire an ownership interest in the material you post on scuttle.co.za, but will acquire a non-exclusive license in accordance with Sections 10 and 11.
15. Notice of Claimed Infringement
If, in good faith, believe that your copyright has been infringed, please immediately email Scuttle at: email@example.com.
16. Dispute resolution process
Informal dispute resolution: Prior to referring any dispute to arbitration, the Parties shall first attempt to resolve their dispute informally by referring a dispute to its senior management. Senior management of both Parties shall discuss the problem and attempt to resolve the dispute, without the necessity of any formal proceeding, within 14 (fourteen) days of the dispute having been referred.
Informal dispute resolution does not reduce Parties’ rights: Proceedings in terms of the above clause shall not be construed to prevent a Party from instituting formal proceedings earlier to obtain urgent or interim relief, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors.
Institution of Formal Proceedings: Subject to the provisions of the above two clauses, the Parties agree that either Party may elect to refer any dispute which may arise to either the High Court of South Africa or to arbitration proceedings as contemplated in the clause below. Upon election by a Party initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.
Arbitration: If the Parties are unable to resolve any dispute informally and either Party has elected to commence arbitration proceedings to resolve the dispute in terms of the clause above, then such dispute shall on written demand by the electing Party be submitted to arbitration at Arbitration Foundation of Southern Africa.
Status of arbitration ruling: The decision of the arbitrator shall be binding on the Parties to the arbitration after the expiry of the period of 20 (twenty) days from the date of the arbitrator’s ruling if no appeal has been lodged by any Party or upon the issue of determination by the appeal panel, as the case may be. A decision, which becomes final and binding in terms of the clause above may be made an order of the court at the instance of any Party to the arbitration. The parties agree to keep the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
Continued performance: Each Party agrees to continue performing its obligations under the Agreement while any dispute is being resolved.
Rapid resolution of disputes: The Parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties;
Excluded relief: These clauses shall not preclude either Party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to you as a consumer.
Agreed Jurisdiction: The Parties hereby consent to the jurisdiction of the Western Cape High Court (Cape Town) in respect of proceedings referred to in respect of the institution of formal proceedings.
Without limiting any other remedies, Scuttle may suspend or terminate its services and Users, restrict or prohibit access or your use of scuttle.co.za, remove or restrict content, and/or take any technical or legal steps necessary if Scuttle: (i) suspects a User has breached these Terms of Service; (ii) is unable to verify or authenticate any User information; (iii) believes that a User is acting inconsistently with the letter or spirit of Scuttle’s policies, has engaged in improper or fraudulent activity in connection with Scuttle or that a User’s actions may cause legal liability or financial loss to Scuttle’s Users or to Scuttle; (iv) believes a User is infringing on the rights of third parties; (v) a User fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.
Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use Scuttle.
Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Renter’s Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.
18. Disclaimers, Exclusions and Limitations
Scuttle does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the Site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCUTTLE PROVIDES ITS WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCUTTLE DOES NOT REPRESENT OR WARRANT THAT SCUTTLE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. SCUTTLE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ANY THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT SCUTTLE PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY SCUTTLE. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCUTTLE MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCUTTLE WILL NOT BE LIABLE TO ANY USER OF THE SITE OR OF SCUTTLE’S SERVICES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF SCUTTLE.CO.ZA, ITS SERVICES, AND/OR THE RENTAL OF ANY ITEM FROM THIS SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Scuttle (Pty) Ltd.
21. No Agency
You and Scuttle are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
22. No Waiver
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to Scuttle at info@Scuttle.co.za. All notices by Scuttle will be sent to you by email.
Effective Date: April 6, 2017
Scuttle rents and delivers equipment and gear, specializing in last minute services. Scuttle is owned and operated by Scuttle (Pty) Ltd, doing business as Scuttle at scuttle.co.za. The use of the term “we” incorporates anyone working on Scuttle’s behalf, including its owners, employees, managers, agents, attorneys and volunteers.
2. Anti-Spam Policy
Scuttle does not send spam or sell email addresses. We may at times send you emails that provide important information on using Scuttle.
3. What Information is Collected and Stored & How is it Used?
Rental Requests: When you initiate a request to rent Item(s) (even if you do not complete or submit the request), Scuttle may require and store:
- Contact information: We will collect and store delivery and pickup addresses and instructions, and your phone number and email address.
- Transactional Information: We may collect different types of information about Item(s) rented (e.g., detailed product specifications of Item(s), condition of Item(s), oral and written statements about Item(s), before and after photos, etc.).
- Credit or Debit Card Information: We will collect your credit or debit card information to process a payment, however we will not store this information ourselves in our servers. We work with a third-party provider, PayFast, and save only a token they provide back to us, in order to guarantee the security of your information (see Section 4).
Information in this section, “Rental Requests,” will be utilized to (i) fulfill a Rental Request and/or (ii) assist in a dispute resolution.
Mailing list: When you initiate a Request (even if you do not submit or complete it) or if you join our mailing list yourself (e.g., via a subscription), we will add your name and email to our mailing list. This information will be used to occasionally send you important information about our service. You may unsubscribe at any time by emailing us or clicking the “Unsubscribe” link at the bottom of such emails.
Referrals: You may use Social Plug-ins on the site to show Scuttle to your friends. We do not ourselves collect, store, or use the information you provide on a Social Plug-in, see Section 4.
Other personal interactions with Scuttle: Additionally, data may be collected and stored when you:
- Email, call, text, or interact with Scuttle and any of its representatives in person. We will use the information provided to respond to your customer service needs; and/or
- Respond and provide information to surveys based on your experience with Scuttle. If we were to release any insights or analytics information from these surveys, we would report data only in its anonymous and aggregate form, without any personally identifiable information or reference to individual User.
Information in this section, “Other personal interactions with Scuttle,” will be used to continually improve our services and broaden our understanding of the rental economy as an industry.
Non-personal interactions with Scuttle: In both instances below, we do not store the information collected in our servers.
- When you connect to our website, our web servers recognize your IP address and certain other information about your computer. This is necessary to facilitate transactions, administer the web server, and track down problems.
- Scuttle may also use “cookie” technology to gather information on Internet use in order to serve you more effectively. Usage of cookies may be linked to personally identifiable information. You can set your browser to remove or reject cookies; you do not need to accept cookies to use Scuttle.
4. What about Third Party Data Collection?
If you use certain features on the Site, it may enable third parties to collect data about your use as follows:
Courier services: Scuttle may use courier services to handle delivery or pickup of Item(s) to you. In order to utilize these services, Scuttle may release your contact information (e.g., email, phone, name) and addresses. Please review their privacy policies.
Users are encouraged to use available controls and settings on your device to reflect your privacy preferences.
5. Is Information Ever Disclosed by Scuttle to Third Parties?
Information collected by Scuttle may be disclosed in the following circumstances.
When Disclosure is Required By Law: Information may be provided where we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Scuttle or to comply with the legal process (for example, discovery requests or warrants); (ii) to enforce or administer our policies and agreements with Users; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) to protect the rights, property or safety of Scuttle, its Users or members of the general public. We will use commercially reasonable efforts to notify Users about law enforcement or court ordered requests for data unless otherwise prohibited by law.
6. What is Scuttle’s Security Policy?
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration of your information. However, Users should be advised that no method of transmission over the Internet and no method of storing electronic information can ever by 100% secure.