1. Acceptance of Terms
By accessing and using Hammertime Creators Limited ("Hammertime," "we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, please do not use our services.
2. Definitions
- Platform: The Hammertime website and mobile applications
- User: Any person or entity that registers for and uses our platform
- Owner: Equipment owners who list their equipment on the platform
- Renter: Users who rent equipment through the platform
- Equipment: Construction machinery, tools, and vehicles listed on the platform
3. User Registration
3.1 Account Requirements
To use our services, you must:
- Be at least 18 years of age
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Immediately notify us of any unauthorized use of your account
3.2 Account Verification
We may require identity verification, business registration documents, or other information to verify your account. Failure to provide requested information may result in account suspension.
4. Equipment Rental Terms
4.1 Booking and Payment
- All bookings are subject to equipment availability
- Rental rates are displayed in Kenyan Shillings (KSh)
- Payment must be made through approved methods (M-Pesa, bank transfer)
- A security deposit may be required for certain equipment
4.2 Rental Period
- Rental periods begin at equipment pickup or delivery
- Late returns may incur additional charges at the daily rate
- Early returns do not qualify for refunds unless agreed upon
4.3 Equipment Condition
- Renters must inspect equipment before accepting delivery
- Equipment must be returned in the same condition as received
- Damage beyond normal wear and tear will be charged to the renter
- Renters are responsible for fuel and basic maintenance during rental
5. Equipment Owner Responsibilities
5.1 Listing Requirements
- Equipment must be accurately described with current photos
- All safety certifications must be valid and up-to-date
- Equipment must be properly maintained and safe to operate
- Pricing must be competitive and clearly stated
5.2 Availability
- Owners must keep availability calendars current
- Confirmed bookings must be honored unless force majeure
- Equipment must be delivered or made available as agreed
6. Payment and Fees
6.1 Platform Commission
Hammertime charges a 10% commission on all completed rentals. This fee covers:
- Platform maintenance and development
- Payment processing
- Customer support
- Insurance coordination
6.2 Escrow System
- Rental payments are held in escrow until equipment is delivered
- Funds are released to owners 7 days after rental completion
- Disputes may extend the escrow period
6.3 Refunds
- Cancellations more than 72 hours before rental: Full refund
- Cancellations 24-72 hours before: 50% refund
- Cancellations less than 24 hours: No refund
- Equipment non-delivery by owner: Full refund plus 20% compensation
7. Insurance and Liability
7.1 Insurance Coverage
- Basic insurance is included in all rentals
- Additional coverage options are available
- Renters are responsible for deductibles on claims
7.2 Liability Limitations
Hammertime is not liable for:
- Equipment malfunctions or failures
- Injuries or accidents during equipment use
- Project delays or losses
- Third-party claims arising from equipment use
8. Prohibited Activities
Users must not:
- Use equipment for illegal purposes
- Sublet or transfer equipment to third parties
- Modify or alter equipment without owner consent
- Provide false information or fraudulent documents
- Circumvent platform fees by arranging direct transactions
- Harass or abuse other users or staff
9. Dispute Resolution
9.1 Mediation
Disputes should first be reported to Hammertime support. We will attempt to mediate a resolution within 7 business days.
9.2 Arbitration
If mediation fails, disputes will be resolved through binding arbitration in Nairobi, Kenya, under Kenyan law.
10. Intellectual Property
All content on the Hammertime platform, including logos, text, images, and software, is owned by Hammertime Creators Limited and protected by copyright and trademark laws.
11. Privacy and Data Protection
Use of the platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
12. Termination
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity. Users may close their accounts at any time, subject to completing any active rentals.
13. Changes to Terms
We may modify these terms at any time. Users will be notified of significant changes via email. Continued use of the platform constitutes acceptance of modified terms.
14. Governing Law
These terms are governed by the laws of Kenya. Any legal action must be brought in the courts of Nairobi, Kenya.
15. Contact Information
For questions about these terms, contact us at:
- Email: legal@hammertime.co.ke
- Phone: +254 700 123 456
- Address: Westlands Business Park, Nairobi, Kenya
Have Questions About Our Terms?
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