Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and BlyNet (Pty) Ltd (“BlyNet”, “we”, “us”, or “our”), governing your access to and use of the BlyNet platform accessible at blynet.io (the “Platform”), including all associated services, features, content, and applications.

By creating an account, making a booking, listing a property, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

2. Eligibility

To use the Platform, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding contract under South African law.
• Provide accurate, current, and complete information during registration.
• Not have been previously suspended or removed from the Platform.

By using the Platform, you represent and warrant that you meet all eligibility requirements.

3. Platform Overview

BlyNet operates as an online marketplace connecting guests seeking short-term accommodation with hosts who list properties for rent. BlyNet is not a property owner, landlord, real estate agent, or accommodation provider. BlyNet does not own, manage, or control any listed properties and is not a party to any rental agreement between guests and hosts.

The Platform facilitates the discovery, booking, payment, and communication processes between guests and hosts. All accommodation services are provided directly by the host, and BlyNet acts solely as an intermediary.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify BlyNet of any unauthorised use of your account or any security breach. BlyNet will not be liable for any loss or damage arising from your failure to protect your account information.

You may not create multiple accounts, use another person’s account, or transfer your account to a third party without our prior written consent.

5. Guests

5.1 Bookings

When you make a booking through the Platform, you enter into a direct contractual relationship with the host. You agree to pay the total amount displayed at the time of booking, including the accommodation fee, any applicable cleaning or service fees, and the BlyNet platform commission. All prices are displayed in South African Rand (ZAR) and include VAT where applicable.

5.2 Guest Responsibilities

• Comply with the host’s house rules and check-in/check-out times.
• Treat the property with reasonable care and report any damage promptly.
• Use the property solely for lawful purposes.
• Not exceed the maximum number of guests specified in the listing.
• Provide accurate personal information for the booking.

5.3 Cancellations by Guests

Cancellation terms are determined by the cancellation policy selected by the host and displayed on the listing at the time of booking. By confirming a booking, you agree to the applicable cancellation policy. Refund amounts, if any, are calculated in accordance with the policy in effect at the time of cancellation.

6. Hosts

6.1 Host Registration

To list a property on the Platform, you must register as a host by paying a once-off joining fee (eenmalige aansluitingsfooi), which includes one (1) listing credit. The fee is tiered based on property type: R100.00 per unit (eienheid); R150.00 for guesthouses with fewer than 7 rooms; R250.00 for guesthouses with more than 7 rooms. Additional listing credits may be purchased at R100.00 each. Joining fees and listing credits are non-refundable and non-transferable, except as expressly provided in these Terms.

6.2 Listing Obligations

As a host, you represent, warrant, and agree that:

• You have all necessary legal rights, permissions, and authority to list and rent the property.
• All listing information (including descriptions, photographs, pricing, availability, and amenities) is accurate, complete, and not misleading.
• The property complies with all applicable laws, regulations, zoning requirements, building codes, and health and safety standards.
• You hold appropriate insurance coverage for short-term rental activities.
• You will honour confirmed bookings and provide the accommodation as described in the listing.
• You will respond to booking requests and guest communications within a reasonable timeframe.

6.3 Commission and Payouts

BlyNet charges a commission of 10% (ten percent) plus VAT plus a payment handling fee on each completed booking. This commission is deducted from the booking amount before the payout is disbursed to the host. Payouts are processed within the timeframe specified in the host dashboard, subject to payment processor availability and any applicable holding periods.

Hosts are solely responsible for declaring all income received through the Platform and for meeting all applicable tax obligations, including income tax, VAT (where applicable), and any local tourism levies.

6.4 Cancellations by Hosts

Hosts should avoid cancelling confirmed bookings. Repeated or unjustified cancellations may result in penalties, including reduced listing visibility, temporary suspension, or permanent removal from the Platform. If a host cancels a confirmed booking, the guest will receive a full refund.

7. Payments

All payments are processed through our third-party payment processors (currently PayFast and Ozow). By making a payment, you agree to the terms and conditions of the applicable payment processor. BlyNet does not store full credit card or bank account numbers on its servers.

You acknowledge that BlyNet collects payment from guests on behalf of hosts and disburses the net amount (after commission) to the host. In the event of a payment dispute, BlyNet will cooperate with the payment processor and the relevant parties to resolve the matter, but BlyNet shall not be liable for any loss arising from payment processing failures beyond its reasonable control.

8. Prohibited Conduct

You agree not to:

• Provide false, misleading, or fraudulent information.
• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Harass, threaten, discriminate against, or harm any other user.
• Circumvent or attempt to circumvent the Platform’s payment system (e.g., by arranging direct payments to avoid commission).
• Scrape, harvest, or collect data from the Platform without prior written consent.
• Introduce viruses, malware, or any other harmful code to the Platform.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• List properties that you do not have the legal right to rent.
• Engage in any activity that interferes with or disrupts the Platform.

9. Intellectual Property

All content, trademarks, logos, designs, software, and other intellectual property on the Platform are owned by or licensed to BlyNet and are protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Platform content without our prior written consent.

By uploading content to the Platform (including photographs, descriptions, and reviews), you grant BlyNet a non-exclusive, worldwide, royalty-free, sublicensable licence to use, display, reproduce, and distribute such content in connection with the operation and promotion of the Platform.

BlyNet may apply a BlyNet brand watermark to photos uploaded for listings before they are published on the Platform.

10. Limitation of Liability

To the maximum extent permitted by South African law:

• BlyNet provides the Platform on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
• BlyNet does not guarantee the accuracy, completeness, or reliability of any listing, host, guest, or third-party content on the Platform.
• BlyNet shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Platform.
• BlyNet’s total aggregate liability to you for any claims arising from or related to these Terms or the Platform shall not exceed the total amount of fees paid by you to BlyNet in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law (including the Consumer Protection Act 68 of 2008, where applicable).

11. Indemnification

You agree to indemnify, defend, and hold harmless BlyNet, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content you submit or make available through the Platform.

12. Dispute Resolution

In the event of a dispute between a guest and a host, the parties are encouraged to resolve the matter directly. BlyNet may, at its sole discretion, offer mediation assistance, but is not obligated to do so.

Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to mediation in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA). If mediation fails, the dispute shall be referred to and finally resolved by arbitration under the AFSA rules. The seat of arbitration shall be Cape Town, South Africa, and the language of proceedings shall be English.

13. Suspension and Termination

BlyNet reserves the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to: breach of these Terms, fraudulent activity, safety concerns, non-payment, or extended inactivity.

Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to: intellectual property, limitation of liability, indemnification, and dispute resolution.

14. Force Majeure

BlyNet shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, power or internet outages, or civil unrest.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Subject to the dispute resolution provisions in clause 12, the courts of the Republic of South Africa shall have exclusive jurisdiction over any matter arising from or related to these Terms.

16. Amendments

BlyNet reserves the right to modify these Terms at any time. Material changes will be communicated via email or through a notice on the Platform at least 14 (fourteen) days before they take effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, POPIA Compliance Notice, and Cookie Policy, constitute the entire agreement between you and BlyNet with respect to the use of the Platform and supersede all prior agreements, understandings, and arrangements.

19. Contact

For any questions or concerns regarding these Terms, please contact us: