1. Who we are

The website and application known as Everyday Marketplace(the "Service") is made available by IAMPresenting ("we", "us", "our"). By accessing or using the Service, you agree to these Terms and conditions ("Terms"). If you do not agree, do not use the Service.

2. The Service is a marketplace

Everyday Marketplace provides an online platform where users may list, discover, and arrange rentals of items or related services. We are a technology platform only. We are not the buyer, seller, lessor, lessee, insurer, broker, or agent of any rental transaction unless we expressly say otherwise in writing. Any agreement to rent an item is strictly between the relevant users. We do not guarantee the existence, quality, safety, legality, or availability of any listing, user, or transaction.

3. Eligibility and accounts

You must be legally able to enter a binding contract in your jurisdiction. You are responsible for all activity under your account, for keeping credentials secure, and for providing accurate information. We may refuse service, suspend, or terminate accounts that we reasonably believe violate these Terms or create risk for other users or the Service.

4. Listings, bookings, and user content

Users are solely responsible for their listings, descriptions, pricing, availability, compliance with law, taxes, permits, insurance, and the performance of rentals (including handover, use, return, and damage). You grant us a non-exclusive licence to host, display, and process your content as needed to operate and promote the Service. You represent that you have the rights to any content you submit and that it does not infringe third-party rights or violate law.

5. Payments

Payments may be processed by third-party payment providers. Your use of those services may be subject to their separate terms. We are not responsible for delays, errors, chargebacks, or failures caused by banks, card networks, or payment processors. Fees, commissions, or platform charges (if any) will be as displayed in the Service or agreed at checkout.

6. Prohibited conduct

You agree not to misuse the Service, including by:

• listing or renting illegal, unsafe, stolen, or counterfeit goods;
• harassing, defrauding, or misleading other users;
• circumventing fees, security, or identity checks where applicable;
• scraping, hacking, overloading, or reverse engineering except as allowed by law;
• using the Service in violation of applicable law.

7. Intellectual property

The Service, branding, and software are owned by us or our licensors. Except for your own content, you may not copy, modify, or distribute them without permission.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY RENTAL OR INTERACTION BETWEEN USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN FEES SPECIFICALLY FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100), IF NO SUCH FEES APPLY.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the minimum extent permitted by law.

10. Indemnity

You will defend, indemnify, and hold harmless IAMPresenting and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your content, your listings or rentals, your violation of these Terms, or your violation of any law or third-party rights.

11. Changes and termination

We may modify the Service or these Terms at any time. We will post updated Terms with a new "Last updated" date where practical. Continued use after changes constitutes acceptance. We may suspend or terminate access to the Service at any time. Provisions that by their nature should survive (including disclaimers, limitations, indemnity, and governing law) will survive termination.

12. Governing law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles. Courts in South Africa shall have exclusive jurisdiction, subject to any mandatory rights you may have under consumer protection laws in your country of residence.

13. General

If any provision is unenforceable, the remainder stays in effect. These Terms constitute the entire agreement between you and us regarding the Service and supersede prior understandings on this subject. Our failure to enforce a provision is not a waiver.