Equipmax (Pty) Ltd – Terms and Conditions

1. Introduction

Welcome to Equipmax (Pty) Ltd ("Equipmax", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website www.equipmax.africa, our mobile applications, and related services (collectively, the "Platform").

By using the Platform, you ("User", "Renter", "Owner", or "Partner") agree to comply with these Terms. If you do not agree, please do not use our services.

2. Definitions

• "Owner" – A verified user listing goods/equipment for rental.
• "Renter" – A verified user renting goods/equipment from an Owner.
• "Courier/Delivery Partner" – A third-party logistics provider responsible for delivery and collection.
• "Insurer/Insurance Partner" – A third-party insurance partner providing rental cover.
• "Wallet" – A digital balance within the Platform showing earnings, payouts, or promotional credits.
• "KYC" – Know Your Customer verification process using FICA documents and live facial recognition.

3. User Eligibility and Verification

All users must be 18 years or older and have the legal capacity to enter into binding agreements.

Verification is compulsory:

• Individuals must upload a valid South African ID and proof of address.
• Businesses must upload CIPC registration documents, business address, and director ID verification.

Equipmax reserves the right to reject, suspend, or terminate accounts that fail verification or raise fraud suspicion.

4. Use of Platform

• Owners may list equipment that is in safe, usable, and lawful condition.
• Renters must use equipment only for its intended purpose and return it in the same condition.
• Any misuse, negligence, or unlawful activity will result in immediate suspension and possible criminal charges.

Users agree not to:

• Circumvent the Platform by transacting outside Equipmax.
• Post false, misleading, or illegal listings.
• Engage in abusive, harmful, or fraudulent activity.

5. Fees and Payments

Equipmax charges the following fees per rental:

• 5% Service Fee (platform usage and support).
• 10% Commission (from rental income).
• Additional 1.5% broker fees may apply for insurance and delivery partners.

Payments are processed securely via third-party payment gateways (e.g., Peach Payments).

Owners' earnings are paid into their Equipmax Wallet and can be withdrawn to their nominated bank account.

6. Delivery and Returns

• Equipmax facilitates delivery and collection via verified courier partners.
• Owners and Renters must ensure reasonable packaging protection for goods.
• Equipmax is not liable for damage, theft, or loss in transit—insurance coverage applies where opted.

7. Insurance and Risk

Rentals may include mandatory or optional insurance facilitated by Equipmax partners.

Any suspicious conduct, theft, or deliberate damage will result in:

• Reporting to authorities.
• Laying of criminal charges.
• Possible blacklisting from the Platform.

8. Cancellations and Refunds

• Renters may cancel bookings before equipment delivery, subject to Owner approval and platform policy.
• Refunds (if applicable) are processed within 7–10 working days.
• Equipmax reserves the right to retain service fees in cancellation cases.

9. Ratings, Reviews, and Badges

• Users may leave ratings and reviews based on rental experiences.
• Abuse, defamatory reviews, or fake ratings are prohibited.
• Equipmax may award badges to users based on activity (e.g., Frequent Renter, Master Lister).

10. Intellectual Property

• All intellectual property (logos, trademarks, designs, software, and content) remains the property of Equipmax.
• Users may not copy, modify, or distribute content without prior written consent.

11. Privacy and Data Protection

Equipmax complies with POPIA and collects, stores, and processes user data securely.

Data collected includes: ID verification, proof of address, contact details, transaction history, and wallet balances.

Equipmax may share necessary data with couriers, insurers, and payment processors to facilitate transactions.

12. Limitation of Liability

Equipmax provides a facilitator platform and is not directly liable for:

• Condition, legality, or suitability of listed items.
• Direct or indirect losses arising from misuse, late deliveries, or uninsured damages.

Maximum liability is limited to the fees paid by the user for the specific transaction.

13. Termination and Suspension

Equipmax may terminate or suspend accounts if:

• Fraud, theft, or misuse is detected.
• False or misleading documents are provided.
• Users breach these Terms or applicable laws.

14. Governing Law

These Terms are governed by the laws of South Africa, including the Companies Act, CPA, ECTA, and POPIA.

15. Dispute Resolution

Any disputes must first be addressed via Equipmax's support team at support@equipmax.africa.

If unresolved, disputes will be referred to arbitration in Johannesburg, conducted under South African law.

16. Amendments

Equipmax reserves the right to amend these Terms at any time. Updated Terms will be published on the Platform and deemed effective immediately.