Terms & Conditions: Space Owners

HOURSPACE SPACE OWNER TERMS AND CONDITIONS

(“SPACE OWNER TERMS”)

THESE SPACE OWNER TERMS ARE EFFECTIVE AS OF: 1 July 2019

“EFFECTIVE DATE”.

READ THESE SPACE OWNER TERMS CAREFULLY BEFORE ENLISTING AS A SPACE OWNER. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE SPACE OWNER TERMS. YOU CANNOT ENLIST AS A SPACE OWNER IF YOU DO NOT ACCEPT THESE SPrACE OWNER TERMS. ALL SECTIONS OF THE SPACE OWNER TERMS ARE APPLICABLE TO ALL SPACE OWNERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

  1. INTRODUCTION

1.1. The Website is made available, and owned by TouchFoundry (Pty) Ltd t/a Hourspace (bearing registration number: 2012/169705/07) (hereinafter referred to as “the Company”, “Website”, “we”, “our”, “us” or “its”). Any reference to “the Company”, “we”, “our”, “us” or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.

1.2. The Space Owner Terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to Space Owners making use of the Company Services.

1.3. By utilising the Company Services after the Effective Date this will signify that the Space Owner has read, understands, accepts, and agrees to be bound, and is bound, by these Space Owner Terms in such Space Owner’s individual capacity and/or for and on behalf of any entity that utilises the Company Services. Further, the Space Owner represents and warrants that it has the authority to do so and that in the case of a Space Owner being a natural person, the Space Owner is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4. To the extent permitted by applicable law, the Company may modify the Space Owner Terms with prospective effect without prior notice to a Space Owner, and any revisions to the Space Owner Terms shall be noted within such Space Owner Terms and will take effect when posted on the Website, unless a later date is otherwise stated in the revised Space Owner Terms.  The Company will however use its best endeavours to email any such amendments to the Space Owner Terms to the Space Owner prior to same coming into effect. A Space Owner’s continued use of the Company Services will be construed as the Space Owner consenting to the amended or updated Space Owner Terms, and will be conditional upon the Space Owner Terms in force at the time of use. The Space Owner’s only remedy, should such Space Owner not agree to these Space Owner Terms, is to no longer make use of the Company Services.

1.5. The Company does not accept any Space Owner, or representatives of a Space Owner under the age of majority or who otherwise do not have the relevant capacity to be bound by the Space Owner Terms, unless such Space Owner has, through their parent or guardian, consented to the terms hereof.

 

  1. INTERPRETATION

In these Space Owner Terms: 

2.1. clause headings are for convenience purposes and are not to be used in its interpretation;

2.2. unless the context indicates a contrary intention, an expression which denotes:

2.2.1. any gender includes the other gender;

2.2.2. a natural person includes a juristic person and vice versa;

2.2.3. the singular includes the plural and vice versa;

2.3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings;

2.3.1.  “Commencement Date” means the date on which the Space Owner registers on the Website;

2.3.2. “Company” means TouchFoundry (Pty) Ltd (Registration Number: 2012/169705/07) t/a Hourspace a private company duly incorporated in accordance with the company laws of South Africa, having its registered address at Unit 6, The Planet Art, 32 Jamieson Street, Gardens, Cape Town, Western Cape, 8001;

2.3.3. “Company Services” means the services provided by the Company to the Space Owner and/or the Space Seeker as set out in clause 5 below;

2.3.4. Party” or “Parties” means the Company or the Space Owner, or both, as the context implies;

2.3.5. Space” means the venue (or venues as the case may be) available to be rented out by the Space Owner on the Website;

2.3.6. “Space Owner” means the owner or curator of the Space, or the owner’s or curator’s duly authorised representative;

2.3.7. “Space Owner Terms” means these Space Owner Terms and Conditions;

2.3.8. Space Seeker” means a natural person or a person duly authorised by an entity who rents Space from the Space Owner through the Website;

2.3.9. “Terms” means the Space Owner Terms and Privacy Policy collectively;

2.3.10. Virtual Showroom” means the platform on the Website through which a Space Owner may advertise the Space which it has available to a Space Seeker; and

2.3.11. Website” means the Website as owned, hosted and managed by the Company on which a Virtual Showroom is situated, and which Website can be found at the following URL:https://hourspace.co.  Any reference to the Website shall automatically include the Virtual Showroom, as well as any software applications made available from time to time which permit the provision of the Company Services.

2.4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Space Owner Terms.

2.5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

 

  1. DURATION AND TERMINATION

3.1. The Terms shall commence on the Commencement Date and endure indefinitely, subject, without prejudice, to the right of either Party to terminate the Terms without notice and on the understanding that upon termination there are no outstanding rental commitments remaining.

3.2. Notwithstanding the provisions contained in the Space Owners Terms, the Company shall be entitled to terminate the Terms forthwith on written notice to the Space Owner if the Space Owner breaches the Space Owner Terms or fails to provide the Space as rented by a Space Seeker.

 

  1. ONBOARDING OF A SPACE OWNER

4.1. Only a Space Owner may make use of the Company Services insofar as same relate to the renting out of Space to a Space Seeker is concerned. 

4.2. The registration application shall require the provision of certain personal information, as set out in the Privacy Policy, which may be found at https://hourspace.co/privacy.

4.3. The Space Owner shall thereafter be able to create a Virtual Showroom on the Website which a Space Seeker may visit and rent Space should it so wish.

 

  1. COMPANY SERVICES

5.1. The Company shall act as a facilitator between the Space Owner and the Space Seeker by:

5.1.1.  permitting the Space Owner, after registration to create a Virtual Showroom;

5.1.2.  assisting in the formatting and curating of the information and/or documentation/images as showcased in the Virtual Showroom (where required by the Space Owner);

5.1.3.  permitting the Space Seeker, after registration to browse all Virtual Showrooms in order to attempt to locate a Space suitable to its specific needs; and

5.1.4.  processing of payments made by a Space Seeker in respect of the Space.

5.2. It is specifically recorded that the Company shall act only in accordance with the Company Services as set out above, and shall not in any manner be involved with or party to any arrangements made between the Space Owner and the Space Seeker relating to meetings, viewing of the Space, holding of events and the like.

5.3. The Company shall further not be held liable, or be seen as an alternative Party in the event of either the Space Owner or the Space Seeker not honouring any of its undertakings timeously, correctly, in full or at all.

 

  1. VIRTUAL SHOWROOM

6.1. Upon a Space Owner’s successful registration on the Website, the Space Owner may then create a Virtual Showroom in which to showcase the Space available for rent to Space Seekers.

6.1.1.  The Space Owner shall upload to the Virtual Showroom in respect of the Space:

6.1.1.1. photographs of the Space;

6.1.1.2. dimensions of the Space;

6.1.1.3. amenities attached to the Space such as kitchens, bathrooms and the like;

6.1.1.4. price of renting the Space;

6.1.1.5. features unique to the Space;

6.1.1.6. guest capacity;

6.1.1.7. address; and

6.1.1.8. availability.

6.2. The Space Owner shall also upload to the Virtual Showroom its own policies which shall govern its relationship with the Space Seeker insofar as cancellation policies, late payments, refunds, deposits, viewing of the Space and the like are concerned.  These policies shall be seen as independent to the Space Owner Terms and insofar as any inconsistency may arise between same, the Space Owner Terms shall prevail.

 

  1. PAYMENTS

7.1. Registration on the Website shall not attract any fees.

7.2. In lieu of a registration or monthly subscription fee, the Company shall deduct from the full amount as paid to it by the Space Seeker a 15% (fifteen percent) commission, prior to payment of the balance being made to the Space Owner by the Company.

7.3. All payments in respect of the Space shall be made by the Space Seeker prior to the date on which the Space is to be rented, by way of credit card, snapscan, Instant EFT, or other method as permitted from time to time by the Company, and through the Company Website.  These payments shall until the day of (or the first day of) the utilisation of the Space by the Space Seeker be held separate to those used by the Company in the running of its business.

7.4. On the day of (or the first day of) the utilisation of the Space by the Space Seeker, the Company shall pay to the Space Owner the full amount due to it in terms of the agreement as reached between the Space Owner and the Space Seeker (less the 15% commission fee) into the Space Owner’s banking account, the details of which shall be supplied to the Company upon registration by the Space Owner on the Website.

7.5. In holding funds and paying the Space Owner, the Company is not assuming the role of a bank, a registered financial institution, or portraying that it is in the business of providing money or financial services.  The Company is merely holding these funds in its capacity as an agent for the Space Owner.

7.6. It shall not fall to the Company to act as a collection agency on behalf of the Space Owner in respect of any non-payment by the Space Seeker.

7.7. The Company shall further not be held liable for any claims financial or otherwise which a Space Seeker may have against a Space owner or vice versa for any reason whatsoever, save as in the event of a refund being required.  In this event, the Company shall only action a refund less any payment processing fees already incurred to a Space Seeker in conjunction with the refund policy as agreed between the Space Owner and the Space Seeker, and on condition that it is holding sufficient funds as paid by the Space Seeker to honour such refund.

 

  1. UNDERTAKINGS BY THE SPACE OWNER

8.1. The Space Owner warrants that:

8.1.1.  the information as contained on the Website insofar as it pertains to the availability, condition, location and cost of the Space is current and correct;

8.1.2.  only Space and supplementary services provided by Space Owners may be sold and or rented through the Virtual Showroom;

8.1.3. it shall not enter into any private negotiations with the Space Seeker regarding the cost of rental of the Space or submit falsified invoices in order to reduce the commission due by it to the Company, alternatively bypass the Company entirely in its negotiations with a Space Seeker even though the introduction was made through the Website; or

8.1.4. habitually cancel agreements between it and a Space Seeker.

8.2. Failure by a Space Owner to uphold these undertakings will be deemed to be a breach of the Space Owner Terms, and may, at the Company’s discretion, result in the termination of same.

 

  1. RESTRICTIONS

9.1. The Space Owner may not:

9.1.1. publish or mirror any of this Website’s material in any media whatsoever;

9.1.2.  use the Website or the Company Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material or comments;

9.1.3.  take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including spam or other unsolicited mass e-mailing techniques;

9.1.4.  mislead or deceive others through any act or omission or make a false representation about a Space Owner’s or Space Seeker’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

9.1.5.  conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;

9.1.6.  copy, collect or save information about other Space Owners or Space Seekers using the Website;

9.1.7.  introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Website or to other Space Owners or Space Seekers using the Website;

9.1.8.  stalk or harass anyone;

9.1.9.  attempt to disrupt or interfere with the Company Services as delivered through the Website;

9.1.10. use the details of other Space Owners or Space Seekers for anything other than the use expressly permitted by those Space Owners or Space Seekers;

9.1.11. download, access, use, harvest or download in bulk other Space Owners or Space Seekers details;

9.1.12. pass on a Space Owner’s or Space Seeker’s log in details to anyone other than the authorised user of that account;

9.1.13. remove or alter the Company’s copyright notices or other means of identification including any watermarks, as they appear on the Website;

9.1.14. use the Company Services contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

9.1.15. use the Company Services to engage in any advertising or marketing other than in a manner expressly permitted by the Website;

9.1.16. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or

9.1.17. provide unauthorised interfaces to the Website.

9.2. The Space Owner understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Company Services.

9.3. Certain areas of this Website are restricted from being accessed by the Space Owner, and the Company may further restrict access by a Space Owner to any areas of this Website, at any time, in its absolute discretion.

 

  1. CONFIDENTIALITY

10.1. Confidential information means any documents or information created, received or obtained from the Company, together with information relating to the Company as well as non-public information pertaining to the Company’s  business (including, without limitation any related entities, the identity of the Space Owners or Space Seekers, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

10.2. The Space Owner may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.

10.3. Where a Space Owner is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

10.4. The Space Owner shall notify the Company immediately upon becoming aware of a suspected or actual breach of this obligation.

10.5. The Company will not disclose or make available to any third party, directly or indirectly, any Space Owner’s Confidential Information, except where the Company has the Space Owner’s permission, where the Confidential Information is already in the public domain (through no breach of the Space Owner Terms), in furtherance of the Space Owner’s use of the Company Services, to enforce all or any of the Space Owner Terms or if legally compelled to do so.

 

  1. PROTECTION OF DATA

11.1. The Company makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that Personal Information, alternatively any data uploaded onto the Website may not be accessed, disclosed, altered or destroyed by breach of the Company’s administrative, managerial and technical safeguards. Therefore, the Company urges the Space Owner to take adequate precautions to protect its personal data and login details including never sharing its password with anyone.

 

  1. COPYRIGHTS

12.1. The contents of the Website are the property of the Company. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is that of the Company unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

12.2. Except as stated in the Space Owner Terms, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of the Company or the copyright owner, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

12.3. The Space Owner is expressly prohibited to include any hyperlink to any other Website in any information uploaded to the Website by it.

12.4. The Space Owner, in providing a description of the Space, is prohibited from using keywords or repetitive words or words which have no bearing on the Space appearing on the Website.

12.5. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and may at its sole discretion, remove any infringing content should same infringe on another’s intellectual property rights or its own.

12.6. The Space Owner is in terms of Space Owner Terms, granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page or its own Virtual Showroom on the Website, on condition that the link does not portray the Company or its affiliates in a false, misleading, derogatory, or otherwise offensive manner. A Space Owner may not use the Company’s logo or other proprietary graphic or trademark as part of the link without the express permission of the Company, its affiliates or content suppliers.

12.7. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of the Space Owner or a third party, are the exclusive property of the Company.

 

  1. INTELLECTUAL PROPERTY

13.1. A Space Owner undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by the Company.

13.2. The Company owns or is licensed to use all intellectual property on the Website.  A Space Owner may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

 

  1. POSTED CONTENT

14.1. The Space Owner warrants that:

14.1.1. all rights in and to any information (“Posted Content”) uploaded by it (including, without limitation, all rights to the reproduction and display of such Posted Content) are obtained by the Space Owner or, alternatively, all necessary rights in and to such Posted Content providing the rights in and to such Posted Content have been obtained;

14.1.2. all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the Posted Content have been paid prior to it being uploaded to the Website;

14.1.3. Posted Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

14.1.4. it is entitled, in the event of the Posted Content being the property of a third party, to receive any payment generated from sales as a result of the uploading of the Posted Content;

14.1.5. the Posted Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a Space Owner’s own);

14.1.6. the Posted Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

14.1.7. the Posted Content does not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party.

14.2. By submitting the Posted Content, the Space Owner grants the Company an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to publish feedback, comments and ratings in respect of the Space leased out through the Website and use such feedback in blogs, features, social media posts, highlights as well as for advertising and promotional purposes.

14.3. The Company shall not be held liable or responsible for any loss, theft, damage or misuse of the Space Owner’s copyright material in respect of the Posted Content.

 

  1. LIABILITIES AND INDEMNITIES

15.1. Without limiting the generality of the Space Owner Terms, the Space Owner hereby indemnifies the Company and shall keep indemnified the Company in respect of any cost or expense incurred by the Company by virtue of a decision made by it to comply on a Space Owner’s behalf, with or without a Space Owner’s permission, arising out of any regulation or law including but not limited to:

15.1.1. any claim by a Space Seeker in respect of the Space;

15.1.2. the Company making a payment to a Space Seeker in circumstances where the Space Owner has failed to comply with these Space Owner Terms;

15.1.3. any amendments or deletions which the Company may make in respect of any text or graphics uploaded onto the Website by the Space Owner; and

15.1.4. any payments made by the Company on an ex gratia basis arising from an agreement between the Company and the Space Seeker.

15.2. Notwithstanding anything to the contrary, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

15.3. The Company shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.  

15.4. Without limiting the generality of the foregoing, the Company makes no warranty that the Website will meet the Space Owner’s requirements, or that the Company Services will be uninterrupted, timely, secure, error free or that defects in respect of the Company Services will be corrected, nor that it will be virus free.

15.5. The Space Owner accepts that access to the Company Services, the Website and where applicable payments made in respect of the rental of Space may be restricted on occasion due to necessary updates and maintenance being carried out on the Website. 

15.6. Except for any express warranties in the Space Owner Terms, the Company Services and Website are provided on an “as is” basis and used at the Space Owner’s own risk.

15.7. The Company makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of title, fitness for a particular purpose or non-infringement.

 

  1. BREACH

16.1. If either Party commits a breach of the Space Owner Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Space Owner Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

 

  1. DISPUTE RESOLUTION BETWEEN THE COMPANY AND SPACE OWNER

17.1. Any dispute which arises between the Parties in respect of these Space Owner Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

17.2. If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

17.3. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

17.4. The arbitration referred to in clause 17.2 shall be held –

17.4.1. at Cape Town or other venue agreed by the parties in writing;

17.4.2. in English; and

17.4.3. immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

17.5. The Parties irrevocably agree that the decision in arbitration proceedings:

17.5.1. shall be final and binding upon them;

17.5.2. shall be carried into effect; and

17.5.3. may be made an order of any court of competent jurisdiction.

 

  1. INFORMAL DISPUTE RESOLUTION BETWEEN SPACE OWNERS AND SPACE SEEKERS

18.1. The Space Owner acknowledges that by using the Company Services, it shall engage in an informal dispute resolution process, in accordance with the terms set forth herein, in an attempt to resolve any dispute as cost effectively and as speedily as possible vis-à-vis a Space Owner and Space Seeker.

18.2. Should a Space Owner or Space Seeker wish to raise a dispute against a the other (a “Contract Dispute”), such dispute may be raised by legal@hourspace.co (the “Dispute Notice”). The Dispute Notice shall provide a brief description of the nature of the dispute and should include all information necessary to enable the Company to investigate the Contract Dispute.

18.3. The other party to the Contract Dispute shall then be invited to respond to the Dispute Notice with a brief description of his/her/its version of the Contract Dispute. The Company will then assess the merits of the Contract Dispute and attempt to informally resolve the Contract Dispute within 60 (sixty) days from the date of delivery of such Dispute Notice to the Company, which, if successful, will avoid the need for further action.

18.4. In the unlikely event that the Company is unable to resolve the Contract Claim within the aforesaid 60 (Sixty) days, the Space Owner agrees to resolve such Contract Claim in accordance with clause 17.2 to 17.5 mutatis mutandis.

 

  1. NOTICES AND DOMICILIUM

19.1. The Space Owner and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary, the following:

19.1.1. TouchFoundry (Pty) Ltd t/a Hourspace

Unit 6, The Planet Art

32 Jamieson Street

Gardens

Cape Town

8001

info@hourspace.co

0723836719 

19.1.2. Space Owner: The address as provided when registering on the Website.

19.2. Both the Space Owner and the Company may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

19.3. Any notice given in terms of these Space Owner Terms shall be in writing and shall –

19.3.1. if delivered via email, on the date of dispatch;

19.3.2. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and

19.3.3. if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) business days after dispatch.

19.4. Notwithstanding anything to the contrary contained in these Space Owner Terms, a written notice or communication actually received by a Party from another shall be adequate written notice or communication to such Party.

 

  1. VARIATION

20.1. No contract varying, adding to, deleting from or cancelling these Space Owner Terms, and no waiver of any right under these Space Owner Terms, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

 

  1. APPLICABLE LAW AND JURISDICTION

21.1. These Space Owner Terms and the relationship between the Parties hereto shall be regulated entirely by the laws of the Republic of South Africa and, in the event of a dispute, the Parties hereto consent, at the Company’s sole and exclusive discretion to the jurisdiction of the Magistrate’s Court of South Africa.

 

  1. ENTIRE AGREEMENT

22.1. These Space Owner Terms, in conjunction with the Privacy Policy shall constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

 

  1. ASSIGNMEN

23.1. These Space Owner Terms are personal to the Company and the Space Owner and the Space Owner shall not be entitled to assign, transfer, alienate or otherwise dispose of all or any of its rights and/or obligations under these Space Owner Terms.

 

  1. FORCE MAJEURE

24.1. If a Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Space Owner Terms due to third party strikes or lock-outs, server downtime, black outs, riots, wars, sabotage, governmental laws, regulations or rulings, acts of God, fire, flood and other acts beyond the control of such Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party. Any Party invoking force majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party.

24.2. If the event continues for a period of 30 (thirty) days, either Party may then give notice of termination of these Space Owner Terms, which termination shall take effect 7 (seven) business days after the giving of the notice.

 

  1. PREPARATION

25.1. These Space Owner Terms have been custom created for the Company by the good folks at Legal Legends www.legallegends.co.za

 

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