Terms and Conditions
1. Welcome to vavender.co.za
1.1. vavender.co.za operates a platform that allows:
(a) Users to advertise items for rent (such users being “owners/vendors”);
(b) Owners to communicate with and enter into agreements with other users to borrow such items (such users that borrow being “renters”);
(c) Renters to pay owners for renting the relevant items;
(d) Users to resolve disputes concerning the rented items
Which we make available to you through the vavender.co.za application available for download on your mobile device (the “vavender App”) and our website at https://vavender.co.za (together, the “vavender.co.za Service”).
1.2. The vavender.co.za Service is provided by Bonolo Solution (Pty) Ltd (“vavender”, “we”, “our”, or “us”).
2. Important warnings about lending and hiring items
2.1. vavender.co.za only provides a platform that enables users to borrow and lend items but does not borrow or lend items itself. We also do not regularly monitor the quality of the items made available for hire by owners through the vavender.co.za Service.
2.2. As such, the owner (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose, and are safe to use. If you are a renter, we will not be responsible to you for any items that you hire through the vavender.co.za Service.
2.3. If you are an owner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for hire, including giving effect to renters’ rights under applicable consumer law. As an owner, you are not liable for any injury or damage caused to the renter by your item unless the damage is the result of a defect of the item that you have prior knowledge of and of which you didn’t inform the renter.
2.4. If you are a renter, you will be responsible for any items you hire through the RentMy Service, including compensating the owner for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items. As a renter it is your responsibility to inspect the item before you hire it. Once the rental has commenced you have accepted the item is in a safe condition to use and are liable for any damage or injury caused.
3. Your relationship with us
3.1. This document and any documents referred to within it (collectively, the “Terms and Conditions”) set out the terms of your relationship with us. It is important that you read and understand these Terms and Conditions before using the vavender.co.za Service.
3.2. Additional terms will apply to you depending on whether you are a renter or owner. Please refer to paragraph 9 if you are an owner and paragraph 10 if you are a renter.
3.3. By accessing and using the vavender.co.za Service, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the vavender Service.
4. Information about us
4.1. Bonolo Solution (Pty) Ltd is a company registered in South Africa, under Companies Act 71 of 2008, with the registration number: 2020/936667/07
5. Information about you
6. The vavender.co.za Service
6.1. The vavender Service allows owners to advertise items for hire, and to communicate and enter into agreements with renters for the hire of those items.
6.2. We may, from time to time, provide social features on the vavender Service, which enable you to message and share information about your use of the vavender Service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.
7. Setting up your account
7.1. To access the vavender Service, you must set up an account using your email address (your “Account”). You will need to create a password for your Account – we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your Account.
7.2. You must be 18 years or older and capable to enter into a legally binding agreement to use the vavender.co.za Service. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.
7.3. You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at email@example.com straight away to let us know.
8. Your right to use the RentMy Service
8.1. The materials and content comprising the vavender Service belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the vavender Service in accordance with these Terms and Conditions.
8.2. Your right to use the vavender Service is personal to you and you are not allowed to give this right to any other person. Your right to use the vavender Service does not stop us from giving other people the right to use the vavender Service.
8.3. Unless allowed by these Terms and Conditions or as permitted by the functionality of the vavender Service, you agree:
(a) Not to copy, or attempt to copy the vavender App or any other portion of the vavender Service;
(b) Not to give or sell or otherwise make available the vavender App or any other portion of the vavender Service to anybody else;
(c) Not to change, or attempt to change the vavender App or other portion of the vavender Service in any way;
(d) Not to look for or access the code of the vavender or any other portion of the vavender Service that we have not expressly published publicly for general use.
8.4. You agree that all confidential information, copyright and other intellectual property rights in the vavender App or other portion of the vavender Service belong to us or the people who have licenced those rights to us.
8.5. You agree that you have no rights in or to the vavender App or any other portion of the vavender Service other than the right to use and access them in accordance with these Terms and Conditions.
9. Owner Specific Terms
9.1. This paragraph 9 applies to you if you are an owner/vendor.
9.2. You must not offer to lend through the vavender Service any firearms, weapons, pornography, mature content, animals or any items that would be illegal to offer for hire in South Africa. We may remove any items offered for hire from the vavender Service if we believe such items are illegal, immoral or damaging to our reputation.
9.3. You are responsible for ensuring that:
(a) You have all necessary rights to hire out any items you advertise on the vavender Service, and that the renter’s use of those items will not infringe any other party’s rights;
(b) You make available hired items to the renter in accordance with the agreement you reach with the renter;
(c) Any descriptions of the items you advertise for hire through the vavender Service are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions, or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely;
(d) The items you advertise on the vavender Service: (i) conform in all material respects to any pictures or descriptions that you upload to the vavender Service; (ii) are safe to use in accordance with any reasonable instructions that you provide to the renter, (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the renter; (iv) can be legally offered for hire.
(e) Any rental item is only handed over to the renter after the transaction(s) are approved by the vavender Verification process. You must only hand over the item to the person verified by vavender, no third parties.
9.4. If you offer storage space for hire, you must also ensure that the space is accessible safely and legally, that it is secure and free from leaks and/or excessive heat or cold. You will be responsible for any damage to any of the renter’s items that are left in your storage area.
9.5. You will be responsible for any damage the renter or any other person may suffer as a result of any defect in the item they have rented from you, or for any failure to comply with the requirements in paragraph 9.2.
9.6. You are free to agree any other terms on which you hire an item to a renter, including the price you wish to charge to the renter for hiring your item for the relevant rent period (the “Rental Fee”). When you post items for hire on the vavender Service, you must ensure that the Rental Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes or cost of delivery.
9.7. Once you agree to the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.
9.8. As an owner, you choose which cancellation policy applies to your items. You must select between flexible, moderate and strict. Our full Cancellation Policy can be found at https://rentmy.com/page/cancellation-policy with our full Refund Policy at https://rentmy.com/page/refund-policy.
10. Renter Specific Terms
10.1. This paragraph 10 applies to you if you are a renter.
10.2. When you agree to hire an item with an owner, the owner grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.
10.3. You are responsible for ensuring that:
(a) You are legally allowed to use any item that you rent through the vavender Service;
(b) You comply with all applicable law when using the item;
(c) You comply with any reasonable directions provided by the owner in order to use the item safely;
(d) You use the item responsibly to not cause harm to yourself or others, or to cause damage to the item;
(e) You return the item in the same condition as it was in when you collected it from the owner (any reasonable wear and tear excepted).
10.4. If you hire a storage space through the vavender Service, you must ensure that the items you store are not flammable, dangerous or hazardous to people or animals, and do not exceed R50,000.00 in value. You will be responsible for any damage caused to the storage space, the owner or any other person or property as a result of your use of any storage space you hire through the vavender Service. The items stored within the rented space must be legal items and must not include any of the prohibited items listed within our Content Policy.
10.5. You are free to agree with the owner on how you will return any items you have hired to the owner; however, you must ensure that you return any items you have hired to the owner before your hire period ends.
10.6. You will be responsible for any loss of or damage to the item you have hired. Please see paragraph 15 for more information about how we handle disputes between owner and renters, including if the item is damaged, lost or stolen.
10.7. Should you wish to cancel a request to rent an item, any applicable fees are dependent on the Cancellation Policy that was chosen by the owner. Our full Cancellation Policy can be found at https://rentmy.com/page/cancellation-policy. However, please note that our Renter Refund Policy supersedes the owner’s cancellation policy. Our full Refund Policy can be found at https://rentmy.com/page/refund-policy.
10.8. If you fail to return an item by the agreed deadline you must contact the owner and/or vavender to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. The owner may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the owner within a timeframe that suits the owner. If you do not do so you will be liable to pay late fees, which will be double the Rental Fee for the period the item was late (“Late Fees”). You agree that vavender can charge this amount from your card or bank account without further permission.
10.9 If you miss the agreed deadline for return and are uncommunicative with the owner or vavender.co.za, or we have reason to believe you have caused damage to the item, you agree that vavender can take a holding deposit from your account up to the full value of the items you have rented (“Holding Deposit”). This deposit will be fully refundable, less any fees owed to vavender or the owner, once the items are returned, replaced, or repaired. Otherwise, the deposit will not be refunded.
11. Fees and payment
11.1. If you are an owner, we will collect the Rental Fee from the renter on your behalf. Unless we are unable to obtain payment from the renter, such as when a renter’s payment method is refused or our payment services provider determines that there is a risk of fraud, we will transfer you the Rental Fee within 24 hours of the start date of the rental. The owner will be notified if payment could not be taken from the renter. We will also charge you a 5% of the Rental Fee (“Owner Fee”), which we will deduct from the amount we transfer to you. As the owner, for items with a replacement value of over R5000.00, a security deposit equivalent to a minimum of 1.5 days rental will be required. For items with a replacement value of R1000.00 – R 4999.80 it is at your discretion whether you charge a security deposit, the minimum for this is set to 1 day rental. For items with a replacement valuation of R999.80 and under a security deposit will not be required.
11.2.The full Rental Fee listed on the vavender Service includes an additional fee equal to 20% of the owner’s listing price (“Renter Fee”). This is charged by vavender for the use of the vavender Service.
11.3. If you are a renter, once you have agreed to hire an item from the owner, we will charge you the full Rental Fee on the owner’s behalf. If the owner has opted to charge a security deposit, this payment will be taken 7 days before the start of the rental period. This will be held by vavender until the end of the rental period, where it will be transferred back to you (in the event no disputes arise). Please allow up to 7 days for this to be processed.
11.4. When you create your account, you will need to provide us with valid, up-to-date, and complete credit or debit card details. When you agree to rent an item, you authorize us to charge such credit or debit card for the relevant Rental Fee and Renter Fee and hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.
11.5. If we are unsuccessful in charging the Rental Fee, Renter Fee, Late Fee, Settlement Fee, or any other amount to your credit or debit card, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to the vavender.co.za Service (without any responsibility to you), and we shall be under no obligation to provide any or all of the vavender Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or the owner. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is canceled.
11.6. The vavender Service uses the platform Payfast to process payments. Full payment terms can be found at https://stripe.com/payment-terms/legal.
12. Your content
12.1. You confirm that any images, text, or information that you upload to the vavender Service, including any reviews that you post about other users or items (collectively, your “User Content”) will meet the Rules of Acceptable Use and be in line with our Content Policy.
12.2. We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free, and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and otherwise make available the User Content anywhere and in any form for the purposes of providing the vavender Service (including allowing users that you give access to any User Content to view and use your User Content).
12.3. You must ensure that you are able to grant us the above license for any content owned by a third party that you include in your User Content.
12.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use or is in breach of our Content Policy.
13. Rules of Acceptable Use
13.1. In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the vavender Service (the “Rules of Acceptable Use”). For more information please visit our full Content Policy.
13.2. When using the vavender Service you must not:
(a) circumvent, disable or otherwise interfere with any security-related features of the vavender Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the vavender Service under your name or on your behalf unless such person is authorized by you;
(c) use the vavender Service if we have suspended or banned you from using it;
(d) advocate, promote, or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage, or injury to any person or property;
(e) promote or advertise any goods or services, other than items you, as an owner, make available for rent through the vavender Service;
(f) send any unsolicited marketing communications through the vavender Service;
(g) modify, interfere, intercept, disrupt or hack the vavender Service;
(h) misuse the vavender Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm any of the vavender Service or any user of the vavender Service’s own equipment;
(i) collect any data from the vavender Service other than in accordance with these Terms and Conditions;
(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, or offensive;
(k) submit or contribute any User Content that is discriminatory;
(l) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark, or other rights of third parties;
(m) use any User Content in violation of any licensing terms specified by the owner;
(n) other than leaving reviews about lenders or items, submit or contribute any information or commentary about another person without that person’s permission;
(o) threaten, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person (including but not limited to other users, and vavender employees);
(p) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the vavender Service in a manner that sends more request messages to the vavender Service than a human can reasonably produce in the same period of time;
(q) enter into any agreement to rent any item other than through the vavender platform with any other user who you initially met through the vavender Service. Doing so is “Fee Avoidance” and you will be liable for double the fees avoided, or a R4000.00 fine (whichever is more) for each instance of doing so.
13.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary, or permanent withdrawal of your right to use the vavender website, vavender App, or any other portion of the vavender Service;
(b) immediate, temporary, or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.4. The responses described in paragraph 13.3 are not limited, and we may take any other action we reasonably deem appropriate.
14. Notice and takedown policy
14.1. Any person may contact us by sending us a notice (an “Infringement Notice”) if any content available through the vavender Service infringes their rights. The Infringement Notice should be sent by email to firstname.lastname@example.org. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the vavender Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
14.2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
15. Resolving disputes between renters and owner
15.1. We encourage users to resolve any disputes directly. If, as a renter, you have lost or damaged an item, you are responsible for reimbursing the owner immediately for the full value of repairing the item (if possible) or replacing it.
15.2. If you are an owner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a renter. Where you claim that a renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a renter, to support your claim that any damage was caused by the renter (and was not present at the start of the rental period).
15.3. If a security deposit has been taken for the rental, an agreement between the owner and renter can be made for any damage repairs that are less than the value of the deposit. Once an amount has been agreed between the parties, this security deposit can be used to reimburse the owner if the amount agreed allows. The agreed amount will be transferred to the owner, with the remaining transferred back to the renter. Please note that a 5% handling fee will be taken from the owner’s payment to cover the processing of this transaction. It may take up to 7 days to process these payments.
15.4. In the event that an owner and a renter are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 25% of any amounts that we, the owner and the renter determine are payable by the renter to compensate the owner for any loss or damage to the item. We will charge this amount to the renter in addition to any amounts the renter is required to pay to the owner (together known as the “Settlement Fee”). If vavender mediates the dispute you agree to accept vavender’s conclusion and pay any amount which vavender determines you are liable for.
15.5. If you owe vavender or another vavender user money through the terms of these Terms and Conditions you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, vavender may debit this amount from your card. In agreeing to these terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
16. Owner Guarantee
16.1. In the event that you are unable to recover the cost of repairing or replacing an item or the estimated value of the item, we may reimburse you any such amounts provided you meet the criteria laid out in the “Owner Guarantee”. This guarantee can be viewed in full at https://vavender.co.za/owner-guarantee/
16.2. If you are an owner, if we agree to reimburse you under the Owner Guarantee, you must inform the renter that any amounts owed to the owner will now be owed to us. The owner must supply vavender with evidence of this correspondence with the renter.
16.3. If you are a renter, any payment we may make to the owner under the Owner Guarantee will not affect your obligation to pay for the items that have been lost, stolen, or damaged, but this obligation will be owed to us, rather than the owner.
17. Ending our relationship
17.1. If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the vavender Service, you must immediately stop using the vavender Service.
17.2. Deleting the vavender App might not close any Account you have created in relation to the vavender Service. You must notify us if you wish to close your Account by contacting us using the details and functionality at https://vavender.co.za/contact-us/, and we will end your use of the vavender Service.
17.3. We may immediately end your use of the vavender Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the vavender Service including these Terms and Conditions.
17.4. We may also withdraw any part of the vavender Service at any time and will notify you if we feel it will significantly affect your usage of the vavender Service.
17.5. If you or we end your use of the vavender Service or we withdraw vavender Service as described in this section, we may delete your User Content and any other information that you have uploaded to the vavender Service or any other information we hold about you. You will also lose any rights you have to use the vavender Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the vavender Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the vavender Service or any such information, content or User Content.
17.6. The termination of your use of the vavender Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
17.7. Nothing in paragraph 13 affects any legal rights you may have under the law of the country in which you are resident.
18. Our liability/responsibility to you
18.1. While we will do our best to ensure that the vavender App itself is of a reasonable standard and quality and matches any descriptions we have provided you, the vavender App and any other portion of the vavender Service may contain some content owned or developed by third parties. As we do not own or produce such thirdparty content, we cannot be responsible for it in any way.
18.2. In addition, due to the nature of the Internet and technology, the vavender Service is unfortunately provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the vavender Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the vavender Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
18.3. In the event of a claim arising out of the provision of the vavender Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
18.4. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
18.5. The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
19. Resolving disputes with us
19.1. If you have a dispute with us relating to the vavender Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
19.2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving our dispute.
20. Changes to the vavender Service
20.1 We are constantly updating and improving the vavender Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors, and the way people use the Internet and the vavender Service.
20.2. In order to do this, we may need to update, reset, stop offering, and/or supporting a particular part of the vavender Service, or features relating to the vavender Service (“changes to the vavender Service”). These changes to the vavender Service may affect your past activities on the vavender Service, features that you use, your User Content, and any other information you submit to the vavender Service (“Service Elements”). Any changes to the vavender Service could involve your Service Elements being deleted or reset.
20.3.You agree that a key characteristic of the Vavender Service is that changes to the Vavender Service will take place over time and this is an important basis on which we grant you access to the Vavender Service. Once we have made changes to any part of the Vavender Service, your continued use of the Vavender Service will show that you have accepted any changes to the Vavender Service. You are always free to stop using the Vavender Service.
21. App Marketplaces and Platforms
21.1. This paragraph 22 applies where the Vavender App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform “):
(a) you acknowledge that these Terms and Conditions are between you and Vavender, and not with the provider of the Distribution Platform (“Store Provider”);
(b) your use of the Vavender App must comply with the Store Provider’s then-current Distribution Platform Terms and Conditions;
(c) the Store Provider is only a provider of the Distribution Platform where you obtained the Vavender App;
(d) Vavender, and not the Store Provider, is solely responsible for the Vavender App;
(e) the Store Provider has no obligation or liability to you with respect to the Vavender App or these Terms and Conditions; and
(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to the Vavender App.
22. Changes to the document
22.1. We may revise these Terms and Conditions from time to time but the most current version will always be at https://vavender.co.za/terms-of-service or in the relevant section of the Vavender App.
22.2. Changes will usually occur because of new features being added to the Vavender Service, changes in the law, or where we need to clarify our position on something.
22.3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
23. Documents that apply to our relationship with you
23.1. The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
23.2. We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Vavender Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
23.2. If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
South African contract law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to the court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Vavender Service, we will initially seek to apply to the South African courts.
25. Contact, feedback, and complaints
25.1. If you need to contact us in relation to these Terms and Conditions or any other documents mentioned in them, please email us at firstname.lastname@example.org.
25.2. We value hearing from our users, and are always interested in learning about ways we can improve the Vavender Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.