Terms & Conditions

1. Acceptance of Terms

By accessing or using Mimosie ("the Platform", "we", "our"), operated by Kehan Taljaard and Nina Swart, you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with any part of these Terms, you may not use the Platform. Your continued use of the Platform constitutes ongoing acceptance of these Terms.

2. Eligibility

• You must be at least 18 years of age to create an account on Mimosie.
• By registering, you confirm that you meet these eligibility requirements.
• The Platform is governed by South African law and is intended for use by South African residents, primarily the Stellenbosch student community.

3. Account Responsibilities

When you create an account, you agree to:

• Provide accurate, complete, and current information
• Keep your account information updated
• Maintain the confidentiality of your login credentials
• Take full responsibility for all activity that occurs under your account
• Notify us immediately at mimosieza@gmail.com if you suspect unauthorised access to your account

4. Platform Role — Connector Only

Mimosie is an online advertising and connection platform. We act as a connector between dress owners and potential renters in Stellenbosch.

Mimosie does NOT:

• Handle payments between users for dress rentals
• Manage rental logistics, pickups, or drop-offs
• Provide insurance for dresses or transactions
• Inspect, verify, or guarantee the quality or condition of any dress
• Verify the identity of users beyond standard account registration
• Act as a party to any rental agreement between users
• Mediate disputes between users regarding rental transactions

All rental arrangements, payment terms, deposits, damages agreements, and logistics are managed directly between users at their own risk. Mimosie is not responsible for the outcome of any transaction between users.

5. Listing Rules

When creating a dress listing, you warrant that:

• You own the dress or have the legal right to list it for hire
• All descriptions, photos, sizes, colours, and pricing are accurate and not misleading
• Photos are your own and you hold the rights to use them
• You will keep availability information current and accurate
• You will promptly communicate with potential renters who contact you

Mimosie reserves the right to remove any listing that violates these rules or is otherwise deemed inappropriate, at our sole discretion.

6. Prohibited Content

You may not post content that is:

• Discriminatory on the basis of race, gender, religion, disability, sexual orientation, or any other protected characteristic
• Illegal under South African law
• Counterfeit or misrepresenting branded goods
• Sexually explicit, offensive, or harmful
• False, fraudulent, or misleading
• Spam or commercially soliciting outside the intended platform use
• Violating the intellectual property rights of any third party

7. Intellectual Property

You retain ownership of all content (photos, descriptions) that you upload to Mimosie.

By uploading content, you grant Mimosie a non-exclusive, royalty-free, worldwide licence to display, reproduce, and use that content for the purposes of operating and promoting the platform. This licence ends when you remove your content or delete your account.

You indemnify Mimosie against any intellectual property claims arising from your uploaded content.

The Mimosie name, logo, and platform design are proprietary to us and may not be reproduced without permission.

8. Messaging Conduct

When using Mimosie's in-app messaging, you agree not to:

• Harass, threaten, or abuse other users
• Send spam or unsolicited promotional messages
• Include external contact information (phone numbers, social media handles) in your first message to a user you have not yet connected with
• Attempt to circumvent the platform by directing users to off-platform channels before a connection has been established

9. Payment Terms (Listing Fees)

Mimosie may charge a listing fee to upload a dress to the platform. This fee is for advertising space only and is not a commission on any rental.

During our launch promotional period, a limited number of listings are free. Once the promotional period ends, a once-off listing fee applies, processed via PayFast.

• Listing fees are non-refundable once your listing has been published and made active on the platform.
• If your listing is rejected during moderation, you will not be charged.
• Mimosie does not store card details. Payment is processed entirely by PayFast.
• We reserve the right to modify pricing with reasonable notice.

10. Consumer Protection Act — Cooling-Off Period

In accordance with Section 44 of the Consumer Protection Act 68 of 2008 (CPA), you have the right to cancel an electronic transaction within 7 business days for a full refund.

However, because our service involves publishing your listing immediately upon payment approval, by proceeding with payment you agree to waive the 7-day cooling-off period once your listing goes live. You will be asked to confirm this waiver explicitly at the time of payment.

If your listing has not yet been published (e.g., it is pending moderation review), you may contact us at mimosieza@gmail.com within 7 business days of payment to request a refund.

11. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your personal information as described in the Privacy Policy.

12. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without any warranty of any kind.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or completely secure
• Listings are accurate or that users are who they claim to be
• Any particular rental transaction will be successful
• The Platform will be available at all times

13. Limitation of Liability

To the maximum extent permitted by South African law, Mimosie and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of (or inability to use) the Platform, including but not limited to damages arising from transactions between users.

Mimosie's total aggregate liability to you shall not exceed the greater of:

• The total amount of listing fees you have paid to Mimosie in the 12 months preceding the claim; or
• R500 (five hundred Rand) if no fees have been paid.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Consumer Protection Act or any other applicable South African law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mimosie and its operators from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your listings and the content you upload
• Your rental agreements or transactions with other users
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights

15. ECTA Compliance

Mimosie complies with the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Our ECTA Section 43 mandatory disclosures are available at mimosie.co.za/legal.

Contracts concluded via the Platform are electronic contracts as defined under ECTA and are legally binding.

16. Takedown Procedure

If you believe any content on the Platform infringes your rights, you may submit a takedown notice in accordance with ECTA Chapter XI. Our full takedown procedure is available at mimosie.co.za/takedown.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the Western Cape High Court, Cape Town, South Africa.

18. Contact

For any questions about these Terms & Conditions, contact us at: