check the gate

previously updated: 20 january 2019

last updated 24 april 2020

contractual relationship

1. • INTRODUCTION

   1.1 These Terms and Conditions (“Terms”) govern access to and use of the Eazigear platform, website, applications, booking systems, services and related offerings (“Platform”).
   
   1.2 The Platform is owned and operated by GEARLY PTY LTD t/z Eazigear (“Eazigear”, “we”, “us”, or “our”), a company duly incorporated in accordance with the laws of the Republic of South Africa.
   
   1.3 By creating an account, accessing the Platform, making a booking, listing equipment, or using any of the services provided through the Platform, you agree to be legally bound by these Terms.
   
   1.4 If you do not agree to these Terms, you may not access or use the Platform.
   
   1.5 Eazigear reserves the right to amend these Terms at any time. Updated Terms shall become effective upon publication on the Platform. Continued use of the Platform constitutes acceptance of the amended Terms.

   
   
   
   • DEFINITIONS

   For purposes of these Terms:
   
   

   “Booking” means a reservation made by a Producer for Equipment through the Platform.
   
   

   “Equipment” means any item, accessory, vehicle, camera, lighting equipment, grip equipment, production equipment, audio equipment, drone, rigging, or related goods listed on the Platform.

   
   “Producer” means any individual, company, production house, agency, broadcaster, or other entity hiring Equipment through the Platform.

   
   “Vendor” means any individual or entity listing Equipment for hire through the Platform.

   
   “Hire Period” means the period commencing upon handover of Equipment and ending upon return and acceptance by the Vendor.
   
   

   “Gear Check” means the inspection process undertaken before release or return of Equipment.

   
   “Services” means the technology, marketplace, booking, administrative and support services provided by Eazigear.
   
   

   • EAZIGEAR’S ROLE

   3.1 Eazigear operates solely as an online marketplace and booking platform facilitating transactions between Producers and Vendors.
   
   3.2 Eazigear does not own, manufacture, maintain, inspect, warrant or guarantee Equipment listed by Vendors unless expressly stated otherwise in writing.
   
   3.3 Eazigear facilitates a rental agreement between a Producer and Vendor.
   
   3.4 Responsibility for Equipment quality, suitability, functionality and condition remains solely with the Vendor.
   
   3.5 Responsibility for the safe use, operation, transport and return of Equipment remains solely with the Producer.
   
   

   • ACCOUNT REGISTRATION

   4.1 Users must be at least eighteen (18) years of age and legally capable of entering into binding agreements.
   
   4.2 Eazigear may require identity verification, proof of address, company registration documents, credit references and payment verification before activating an account.
   
   4.3 Users warrant that all information provided is accurate and current.
   
   4.4 Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their accounts.
   
   4.5 Eazigear reserves the right to suspend or terminate accounts that provide false information or breach these Terms.
   
   

   • BOOKINGS AND HIRE AGREEMENTS

   5.1 A booking request constitutes an offer by the Producer to hire Equipment.
   
   5.2 A booking becomes binding only upon written or electronic confirmation by the Vendor.
   
   5.3 Pricing displayed on the Platform is subject to change until a booking is confirmed.
   
   5.4 Once confirmed, the booking price is fixed unless amended by mutual agreement.
   
   5.5 Vendors retain the right to accept or decline booking requests.

   
   
   
   • PAYMENT TERMS

   6.1 Unless otherwise agreed in writing, all invoices are due and payable in full within twenty-one (21) calendar days from the invoice date.
   
   6.2 Alternative payment arrangements, including immediate payment or seven (7) day payment terms, may be agreed upon at Eazigear’s sole discretion.
   
   6.3 Failure to pay within twenty-one (21) days shall result in:
   
   (a) the immediate withdrawal of all discounts, promotional pricing and negotiated rates;
   
   (b) the application of standard daily rates and charges;
   
   (c) suspension of the User’s account;
   
   (d) future bookings being subject to full payment in advance;
   
   (e) recovery proceedings being instituted.
   
   6.4 The User shall be liable for all legal costs, collection commission, tracing fees and expenses incurred in recovering overdue accounts.
   
   6.5 Interest may be charged on overdue accounts at the maximum rate permitted by applicable law.
   
   

   • SECURITY DEPOSITS

   7.1 Eazigear may require a security deposit before releasing Equipment.
   
   7.2 Deposits may be used to offset unpaid charges, damage, loss, theft, cleaning costs, insurance excesses or any other amounts due.
   
   7.3 Refunds of deposits may be withheld pending inspection and verification of Equipment condition.
   
   

   • EQUIPMENT CONDITION

   8.1 Vendors warrant that Equipment supplied is in good working order and fit for purpose.
   
   8.2 Producers must inspect Equipment during Gear Check and immediately report defects.
   
   8.3 Acceptance of Equipment at Gear Check constitutes acknowledgement that the Equipment was received in satisfactory condition unless defects are recorded in writing.
   
   

   • DAMAGE, LOSS AND THEFT

   9.1 The Producer assumes full responsibility for Equipment during the Hire Period.
   
   9.2 The Producer shall be liable for repair, replacement and associated costs arising from:
   
   (a) loss;
   (b) theft;
   (c) negligence;
   (d) misuse;
   (e) accidental damage.

   9.3 Equipment shall remain at the sole risk of the Producer until returned and accepted by the Vendor.
   
   

   • INSURANCE

   10.1 Producers are responsible for ensuring adequate insurance cover is in place for hired Equipment.
   
   10.2 Eazigear may facilitate introductions to insurance providers but does not act as an insurer, broker, underwriter or claims administrator.
   
   10.3 Eazigear accepts no responsibility for insurance claims or disputes.
   
   
   

   11. CANCELLATIONS
   
   11.1 Producers may cancel a confirmed booking without penalty provided written notice is received more than twenty-four (24) hours before the scheduled Gear Check.
   
   11.2 Where a cancellation occurs within twenty-four (24) hours of the scheduled Gear Check, the Producer shall be liable for a cancellation fee equal to fifty percent (50%) of the total booking value.
   
   11.3 Where a cancellation occurs after the scheduled Gear Check date and time, the Producer shall be liable for one hundred percent (100%) of the total booking value.
   
   11.4 Eazigear reserves the right to deduct cancellation fees from any payment method, deposit, credit balance or other funds held on behalf of the Producer.
   
   11.5 Vendors who repeatedly cancel confirmed bookings may have their listings suspended or removed from the Platform.
   
   

   • DELIVERY, COLLECTION AND TRANSPORT

   12.1 Vendors are responsible for ensuring Equipment is available for collection or delivery at the agreed time and location.
   
   12.2 Where transport services are provided by Eazigear or a third party, such services are undertaken subject to separate transport arrangements and charges.
   
   12.3 Risk in Equipment passes to the Producer upon handover and remains with the Producer until Equipment is returned and accepted by the Vendor.
   
   12.4 The Producer shall ensure Equipment is securely stored, transported and protected at all times during the Hire Period.
   
   

   • EQUIPMENT FAILURE

   13.1 In the event of Equipment failure resulting from normal wear and tear or mechanical defect, the Vendor shall use reasonable efforts to provide a replacement item.
   
   13.2 Where replacement Equipment is supplied, the original Vendor shall be entitled to payment only for the period during which the Equipment was operational and available for use.
   
   13.3 Eazigear shall not be liable for production delays, loss of footage, reshoots, missed deadlines, lost profits or consequential damages resulting from Equipment failure.
   
   

   • INTELLECTUAL PROPERTY

   14.1 All intellectual property rights relating to the Platform, including software, trademarks, trade names, logos, graphics, content, databases and documentation, remain the exclusive property of Eazigear or its licensors.
   
   14.2 Nothing contained in these Terms grants any User ownership rights in the Platform or its intellectual property.
   
   14.3 Users may not:
   
   (a) copy, reproduce or distribute any part of the Platform;

   (b) reverse engineer or decompile any software;

   (c) scrape, harvest or extract data from the Platform;

   (d) create derivative works based upon the Platform;

   (e) use Eazigear trademarks without prior written consent.
   
   

   • USER CONTENT

   15.1 Users may submit reviews, ratings, comments, photographs and other content through the Platform.
   
   15.2 Users warrant that they own or have the necessary rights to submit such content.
   
   15.3 By submitting content, Users grant Eazigear a worldwide, perpetual, royalty-free, transferable licence to use, publish, display, reproduce, modify and distribute such content in connection with its business operations.
   
   15.4 Eazigear reserves the right to remove content that it considers unlawful, defamatory, offensive, misleading or otherwise inappropriate.
   
   

   • PROHIBITED CONDUCT

   Users shall not:
   
   16.1 Use the Platform for any unlawful purpose.
   
   16.2 Provide false, misleading or fraudulent information.
   
   16.3 Attempt to bypass Platform fees or conduct transactions intended to avoid Eazigear commissions.
   
   16.4 Interfere with Platform security or functionality.
   
   16.5 Upload malicious code, viruses or harmful software.
   
   16.6 Use Equipment for illegal activities.
   
   16.7 Misrepresent the condition, ownership or availability of Equipment.
   
   16.8 Circumvent booking, payment or verification procedures.
   
   

   • PRIVACY AND DATA PROTECTION

   17.1 Eazigear shall process personal information in accordance with the Protection of Personal Information Act, 2013 (“POPIA”), and any applicable data protection legislation.
   
   17.2 By using the Platform, Users consent to the collection, storage, processing and sharing of information reasonably required for:
   
   (a) account administration;
   
   (b) booking fulfilment;
   
   (c) payment processing;
   
   (d) fraud prevention;
   
   (e) insurance verification;
   
   (f) legal compliance.
   
   17.3 Eazigear shall implement reasonable technical and organisational safeguards to protect personal information.
   
   17.4 Users may request access to or correction of their personal information in accordance with applicable law.
   
   

   • DISCLAIMER OF WARRANTIES

   18.1 The Platform and Services are provided on an “as is” and “as available” basis.
   
   18.2 Eazigear makes no representations or warranties regarding:
   
   (a) uninterrupted access to the Platform;
   
   (b) suitability of Equipment;
   
   (c) reliability of Vendors or Producers;
   
   (d) availability of listings;
   
   (e) accuracy of information provided by Users.
   
   18.3 To the fullest extent permitted by law, all implied warranties are excluded.
   
   

   • LIMITATION OF LIABILITY

   19.1 To the fullest extent permitted by law, Eazigear shall not be liable for:
   
   (a) indirect damages;
   
   (b) consequential damages;
   
   (c) loss of revenue;
   
   (d) loss of profit;
   
   (e) loss of business opportunity;
   
   (f) production delays;
   
   (g) reputational damage;
   
   (h) loss of data.
   
   19.2 Eazigear shall not be liable for disputes arising between Producers and Vendors.
   
   19.3 Eazigear’s aggregate liability arising from any claim shall not exceed the total fees paid to Eazigear in connection with the relevant booking during the six (6) months preceding the event giving rise to the claim.
   
   19.4 Nothing in these Terms excludes liability that cannot lawfully be excluded under South African law.
   
   

   • INDEMNITY

   20.1 Users agree to indemnify, defend and hold harmless Eazigear, its directors, officers, employees, contractors and agents from and against all claims, losses, liabilities, damages, costs and expenses arising from:
   
   (a) breach of these Terms;
   
   (b) misuse of Equipment;
   
   (c) violation of law;
   
   (d) infringement of third-party rights;
   
   (e) negligence or wilful misconduct.
   
   20.2 This indemnity shall survive termination of these Terms.