1.	Definitions 
1.1. "Sunlyn" / "we" / "us" means Sunlyn (Pty) Ltd (registration number 1988/000147/07); 
1.2. "user" means the end-user of rental equipment and on whose behalf a person (such as a supplier) acts in the submission of Forms (as defined below); and
1.3. "you" / "your" means any person using the website and/or who completes and submits application forms, upload and/or download documents ("Forms") from the 
         website and includes any person (such as suppliers) who provide and/or procure rental equipment for and on behalf of users.
2.	Application of general terms and conditions
2.1. These terms and conditions ("General T&Cs") apply to you if you have any account with Sunlyn and/or if you use the website and/or submit any Forms online.
2.2. This agreement sets out the General T&Cs that governs our relationship with you.
2.3. Sunlyn offers a suite of products facilitating the rental of equipment. These arrangements are governed by separate and independent agreements. 
       If there is a conflict between these General T&Cs and any terms and conditions in any other agreement governing your relationship with Sunlyn,
       those terms and conditions will prevail.
3.	Use of the website
3.1. Use of the website is considered as your agreement and acceptance of the terms and conditions of the website.
3.2. Sunlyn accepts no responsibility for any loss or damage of whatsoever nature that may be caused or brought about, directly or indirectly, 
        by the use of this internet website or reliance on any information contained in this website. While every effort is made to keep information up to date and correct. 
        Sunlyn does not accept any liability for reliance placed on such information in the absence of confirmation by a manager of Sunlyn. 
3.3. For your convenience and from time to time, certain hyperlinks to third party websites may be available to you on the website.
        Sunlyn does not endorse any third party website or hyperlinks and such third party websites and hyperlinks are not under the control of Sunlyn. 
        Accordingly, Sunlyn is not responsible for or liable to you for the content of the third party website, and your use of the third party website and/or hyperlinks.
        You use the third party website and hyperlinks at your own risk.  
3.4. You may not:
      3.4.1. use the website for any unlawful or prohibited purpose; 
      3.4.2. use the website in any manner that could damage, disable, overburden, impair or otherwise interfere with the website or any other person’s use of the website; and/or
      3.4.3. obtain or attempt to obtain any materials or information not intentionally made available to you by Sunlyn.
3.5. Sunlyn may from time to time make available to you forums on the website, including bulletin boards, chat rooms, news groups, forums or other communication 
       facility designed to enable you to communicate with the public (Communication Forums). With regard to such Communication Forums, you may not;
    3.5.1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of others on any open forum made available by Sunlyn on its website;
    3.5.2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful information
                or material on the website;
    3.5.3. upload files that contain software or materials of any sort thereby infringing any intellectual property laws;
    3.5.4. upload files that contain software or materials that contain viruses, corrupted files or similar software or programmes that may damage the website or the operation of 
              another’s computer;
    3.5.5. advertise or offer to sell or buy any goods or services;
    3.5.6. conduct or forward surveys, contests, pyramid schemes or chain letters;
    3.5.7. download any file that you know or ought reasonably to know cannot legally be distributed in such a manner;
    3.5.8. falsify or delete any author contributions, notices or bulletins;
    3.5.9. restrict or inhibit another user from using a Communication Forum;
    3.5.10. violate or breach any code of conduct or guidelines applicable for any particular Communication Forum;
    3.5.11. collect or otherwise process information of others without their consent; and/or
    3.5.12. violate any laws and/or regulations.
3.6. Sunlyn does not endorse any views or information posted on any Communication Forum and is not responsible for your reliance on such information. 
        Sunlyn may remove any material and information of any Communication Forum and/or prohibit access to a Communication Forum in its sole discretion and at any time.
3.7. Use of any Communication Forum will be considered as your agreement and acceptance of the terms and conditions relating to the relevant Communication Forum.
3.8. Use of the website and any Communication Forum is at your own risk and Sunlyn bears no responsibility or liability with regard to your use of the website 
       or any Communication Forum.
3.9. Sunlyn makes no representations about the suitability, appropriateness, reliability, availability and accuracy of information, documents, software, 
        products and/or services on the website. All documents and information are provided without any representations or warranties whatsoever whether express or implied. 
        Sunlyn disclaims any liability in this regard.
3.10. Sunlyn shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which
        may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, hyperlinks or service provided 
        through this website or other electronic medium or the functionality or your inability to use the website or any Communication Forum regardless of whether Sunlyn 
        was expressly advised of the possibility of loss or damage as a result thereof.
3.11. While every effort is made to ensure the security of information entered into this website, information can be intercepted, corrupted, lost and/or subject to interference.
        Sunlyn does not accept liability for any errors or omissions in the contents of messages or damages resulting from any cause whatsoever and howsoever arising, 
        including as a result of opening messages, information being intercepted, corrupted, lost and/or subject to interference.
3.12. In terms of certain hyperlinks made available to you, you may be given access to and may be able to view certain information and view, 
         change or alter or print certain documents.You acknowledge and agree by your use of the hyperlink and the website that:
    3.12.1. all information and documents received, displayed, viewed and/or accessed by you shall at all times remain the property of Sunlyn exclusively; 
    3.12.2. your access or viewing privileges to such information and documents granted to you by Sunlyn does not confer any rights of any nature 
                whatsoever in such information or documents;
    3.12.3. you are not permitted to disclose any information or document without the prior written consent of Sunlyn;
    3.12.4. you agree to maintain the confidentiality of information and documents received, sent or accessed through the website or any hyperlink; and
    3.12.5. you will not use the information and documents received, sent or accessed through the website or any hyperlink sent to you for any unlawful
                purpose or other than the purpose, and within the parameters, set by Sunlyn.
3.13. Nothing in the website may be regarded as an offer and/or acceptance of an offer, only as an invitation to do business with Sunlyn.
3.14. Sunlyn is not liable for:
    3.14.1. any failure of the website for any reason whatsoever, including any interruption, malfunction, downtime and any loss or damage caused as a result thereof;
    3.14.2. any loss or damage regarding your information directly or indirectly caused by malfunction of the website, third party software/systems, hyperlinks, 
                power failures, unlawful access to or theft of your information, viruses, defects, trojans and other malicious software; and/or
    3.14.3. any file, download or application available on the website affected by any of the above.
4.	Forms
4.1. Submission of Forms to us by you is deemed an irrevocable request to obtain finance for, or to procure, rental equipment for and on behalf of users.
4.2. Submission of Forms by you constitutes a warranty that all information, Forms and ancillary documents thereto are true, correct and a material representation to Sunlyn.
4.3. You may submit Forms for and on behalf of users; provided you have the users’ written consent for the submission of such Forms and for us to act on such Forms 
        in accordance with these General T&Cs.
4.4. You must ensure that the details and information provided to us is correct. We will rely on such information and will not verify any such information. 
        You hereby indemnify and hold us harmless for any loss, damage suffered by us or claims against Sunlyn as a result of you submitting Forms on behalf of users.
5.	Your personal information
5.1. We respect your privacy and have privacy policies that regulate how we use, process, deal with, share and store your information. 
        Where we make use of third party technology service providers, we endeavour to ensure that they will adhere to the privacy policies.
5.2. We will treat your and users personal information as confidential and will take reasonable steps to protect your and users personal information.
5.3. We may need to disclose your and users personal information if:
    5.3.1. required by law;
    5.3.2. in the public interest to do so;
    5.3.3. our interests require disclosure; or
    5.3.4. disclosure is made at your request or you have given us consent.
5.4. When we consider your application or any application of a user for any Sunlyn products and services or in order for us to maintain our relationship 
       with you or if the law requires it, you agree that we may:
5.4.1. obtain your personal information from third parties, which may include credit bureaux or government agencies;
5.4.2. disclose your personal information to these third parties to verify or obtain information we need to consider your application; and/or
5.4.3. make enquiries regarding your and users credit records and trade references with any credit reference agency or any third party to confirm the details
          of any information provided to us.
5.5. We hereby notify you that in order for us to provide products and services to you, your personal information will need to be verified and/or disclosed to
        third parties. You hereby agree to the disclosure of your personal information necessary for Sunlyn to provide products and services to you.
5.6. We will at all times comply with the applicable laws when disclosing your personal information and will not disclose more information that we need to.
        For more information please read our privacy policy which forms part of these General T&Cs.
6.	Communications
6.1. We may communicate with you by any means including by email or telephone, fax or paper.
6.2. All communications from us will be sent to your last known address or address or contact details we have on record for you, such as postal address, 
        street address, email address, telephone, mobile or fax. We may also communicate with you using our website or by means of publication 
        or advertisement in the media.
6.3. You must update us with your contact details regularly to ensure that we have your correct information and the correct information of users, 
        if you submit Forms and/or information on behalf of users. If your contact details, including your address, changes, you must notify us immediately.
        You can change your contact details and address by sending us written notice of the change. If you need to change your street address, 
        we will need proof of your new residence.
6.4. All legal notices or documents (such as summons) will be sent to the last street address we have on record for you, 
        unless you choose another address for serving legal notices and documents (such as summons) as your 
        domicile (your legal address where you will receive legal notices and documents).
6.5. We choose our domicile at: Sunlyn, 29 Scott Street, Waverley, 2090.
6.6. Any communication we send you will be considered to be received by you:
       6.6.1. if sent by post, on the 8th (eighth) business day from the date of posting;
       6.6.2. if sent electronically (by fax, email or sms), on the first business day following the successful transmission of the communication 
                 as evidenced by electronic confirmation of receipt; and
       6.6.3. if posted on our website, on the date the communication was published.
6.7. If you call us, all calls may be recorded for your protection and our records. You will be required to confirm your identity by answering a few security questions. 
       Only once we are satisfied that your identity has been confirmed will we proceed to assist you. 
6.8. You acknowledge that from time to time you may request Sunlyn to act on communications from you sent by fax, email, telephone or otherwise. 
       We are prepared to act on such instructions based on the following warranties.  You warrant that:
      6.8.1. Sunlyn will not verify the authenticity of any communication received from you;
      6.8.2. all communications which purport to emanate from you shall be deemed to be given to Sunlyn by you irrespective of the manner in which the communication 
                was received as a result of any malfunction of equipment, distortion of communication links and the like, whether the communication was intended to be sent or not;
      6.8.3. you will implement and adhere to any procedures and/or restrictions imposed by Sunlyn from time of time regarding the sending of any such 
                  communication to Sunlyn;
      6.8.4. these warranties will not be affected if Sunlyn does not set out any or sufficient procedures or restrictions or ensures that you have adhered to them; and
      6.8.5. Sunlyn will not be obliged to act on any communication or purported communication from you and Sunlyn may at any time refuse to act on your communication.
6.9. You waive all rights you may have or obtain against Sunlyn arising directly or indirectly from any and all losses or damages which you may suffer as a result of Sunlyn
        acting on your communication. You indemnify and hold Sunlyn harmless against any claims, demands and/or actions made against it or losses (direct or consequential) 
        or damages suffered by Sunlyn because Sunlyn acted on your communication.
7.	Changes to this agreement
We have the right to change these General T&Cs or add new terms and conditions, new products or services or change the terms and conditions
that apply to any products or services or change any terms and conditions that apply to you. Updated terms and conditions will be published on the website.
8.	Indemnity
You hereby indemnify and hold Sunlyn harmless against any claim, loss (direct or consequential), expense or damage arising out of or in connection with this agreement
or which may be sustained or incurred by Sunlyn, which may include legal costs (on an attorney and own client scale) or charges incurred in respect of proceedings 
against you as a result of:
8.1. your breach of this agreement;
8.2. any claim by a third party and/or user against Sunlyn for any reason whatsoever;
8.3. your negligence or act or omission by you;
8.4. you providing incorrect or misleading information or misrepresenting your information or your financial status and circumstances or that of a user;
8.5. failure or malfunction of the website to upload, download Forms and/or failure of Sunlyn to receive your Forms;
8.6. you submitting Forms and information for and on behalf of any user; and/or
8.7. for any loss or damage of whatsoever nature and howsoever arising.
9.	Breach
9.1. Breach of any terms and conditions is considered to be a breach by you of all terms and conditions that apply to you and we reserve our right to take
        appropriate action in such circumstances.
9.2. Should we discover any breach or possible breach of these General T&Cs, we are entitled to set limits or conditions on your right to certain services, 
        features or functions of the website and may restrict access to all or parts of the website. In addition, we may modify, suspend or discontinue 
        your access to the website in our sole discretion. We reserve our right to take legal action without your prior notice.
10.	Jurisdiction and costs
10.1. You agree that should the need arise, we may take legal action against you for any cause arising out of this agreement or any agreement 
           between you and Sunlyn in the Magistrate’s/Regional Court, even if the amount of the claim exceeds the jurisdiction of the Magistrate’s/Regional Court.
10.2. You are responsible and liable for all and any liabilities, losses, expenses and all costs we incur in recovering or attempting to recover
           any money that you owe us, or for any legal action we take against you for breach of these General T&Cs, including legal costs (on an attorney and own client scale),
           collection charges, tracing fees and value added tax.
11.	General
11.1. You warrant that you have the necessary legal capacity and authority to enter into and be bound by these General T&Cs.
11.2. To the extent allowed by law, Sunlyn is not be bound by any express or implied term, representation, warranty, promise 
          or the like not recorded in the terms and conditions applicable to you or otherwise recorded in writing and notified to you.
11.3. A certificate signed by any director or manager of Sunlyn, whose authority does not need to be proved, shall be proof, 
          on the face of it, of any matter relating to these General T&Cs and any other terms and conditions relating to Sunlyn’s 
          products and services, any amount payable by you to Sunlyn and the fact that same is due and payable for all purposes.
11.4. Each clause is severable from the other clauses. If a clause is invalid, illegal or unenforceable, that clause will be severed from the rest of the General T&Cs. 
         The other General T&Cs will remain valid, legal and enforceable and will apply to you.
11.5. If we allow you extra time, or leniency to comply with these General T&Cs or your obligations to Sunlyn or if we decide not to enforce our rights for any one thing, 
         it does not mean that those obligations do not apply to you or that we have abandoned or waived any of those rights. We will always be able to enforce our rights 
         on any obligation of yours at any time.
11.6. When dates need to be calculated, the number of business days is calculated by excluding the first business day and including the last business day.
11.7. This agreement is governed by the laws of the Republic of South Africa.
11.8. Sunlyn shall not, under any circumstances, be held liable for consequential damages which may include loss of time, loss of production, loss of materials, 
          loss of labour fees, loss of earnings or profits, arising directly or indirectly from or in connection with this agreement.
11.9. The headings to clauses are added for reference purposes only and do not affect the interpretation of this agreement or any terms and conditions.
11.10. Unless the context clearly indicates otherwise, words suggesting the singular includes the plural, words suggesting one gender include other genders 
            and words suggesting natural persons include created entities (such as companies) and vice versa.
11.11. A reference to you includes your agent, employee, director, executor, administrator, substitute in title, successor and permitted assign, liquidator,
            business rescue practitioner, cessionary and the like.
11.12. No waiver of our rights will be of any force unless it is recorded in writing and signed by us or our authorised representative.