1. Definitions
“Customer” means any natural or juristic person who purchases or makes use of the Services;
“Lounge Facilities” means the lounge facilities provided by the Supplier at the Premises
“Premises” means the Terraces, 16th floor, 34 Bree Street. Cape Town 8001, South Africa;
“RSA” means the Republic of South Africa;
“Services” means the provision by the Supplier to the Customer of access to and the use of the Lounge Facilities;
“Supplier” means 180 Lounger Proprietary Limited, Registration Number 2017/265719/07, a private company incorporated in accordance with the laws of the RSA and with its registered address situated at the Premises; and
“Terms” means the terms and conditions of use of the Services as contained in this document.
2. Interpretation
- Clause headings and the heading of this document are for convenience only and are not to be used in its interpretation.
- An expression which denotes:
- any gender includes the other genders;
- a natural person includes a juristic person and vice versa;
- the singular includes the plural and vice versa; and
- a party includes a reference to that party’s successors in title and assigns allowed at law.
- The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
- Any substantive provision conferring rights or imposing obligations on a Party and appearing in any of the definitions in this clause 2 or elsewhere in the Terms shall be given effect to as if it were a substantive provision in the body of the Terms.
- Words and expressions defined in any clause of the Terms shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout the Terms.
- Unless otherwise provided, defined terms appearing in the Terms in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.
- A reference to any statutory enactment shall be construed as a reference to that enactment as at 23 March 2018 and as amended or substituted from time to time.
- Where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention.
- The rule of construction that the Terms shall be interpreted against the party responsible for the drafting of them, shall not apply.
- No provision of the Terms shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a party to them.
- The Supplier may translate and publish the Terms in different languages. In any instance where there is a conflict between a provision (be it expressed, implied or tacit) contained in a translated version of the Terms and a provision contained in the Terms drafted in the English Language (“English Terms“), the provision contained in the English Terms shall prevail to the extent of the conflict.
3. Acceptance of the Terms
- The Customer, by purchasing and/or making use of the Services, hereby agrees that:
- its use of the Services will be subject to the Terms;
- the Terms constitute a valid and binding agreement between the Customer and the Supplier;
- the Terms apply to the Customer to the exclusion of any other terms that the Customer may seek to impose on the Supplier or incorporate herein, or which are implied by trade, custom, practice or course of dealing; and
- the Supplier may, at any time, amend the Terms by updating this document and the Customer agrees to periodically visit www.180lounger.com to determine the then current Terms to which it is bound.
- The Terms affect the Customer’s legal rights and obligations. If the Customer does not agree to be bound by Terms, then the Customer must not make use of any of the Services.
4. Customer’s Obligations
- The Supplier reserves the right to refuse the Customer access to the use of the Services at any time and for any reason.
- The Customer agrees to:
- only access the Lounge Facilities and use the Services for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of the Lounge Facilities or the Services by any third party;
- not access the Lounge Facilities or use the Services in a manner that would bring the name of the Supplier, its business and/or any of its affiliates into disrepute;
- ensure that any children (being a person under the age of 18 years old) accompanying the Customer:
- remain, at all times, under the Customer’s supervision;
- do not disturb the use and enjoyment of the Services by any other Customers; and
- adhere to the Terms;
- be appropriately dressed and behave in an appropriate manner, so as not to cause any embarrassment, discomfort or offence to or infringe on the rights of any other Customers;
- not remove any items which do not belong to it from the Lounge Facilities including, but not limited to, food stuffs, beverages, publications, cutlery, crockery, linen and decorative items;
- permit its bags to be searched, at any time, by a duly authorised representative of the Supplier so as to ensure that:
- no unauthorised items are brought into the Lounge Facilities; and
- no items which do not belong to the Customer are removed from the Lounge Facilities;
- immediately inform the Supplier of any spillages, breakages, medical emergencies or other event which the Supplier may, in the Customer’s reasonable opinion, wish to be informed about;
- not consume any food stuffs or beverages which have been purchased from third parties (“External Food Items“), it being recorded that Customers with special dietary requirements shall be permitted to consume External Food Stuffs subject to procuring the prior approval of the Supplier;
- use its mobile phone or other electronic devices (“Electronics“) in a manner that does not cause any unreasonable disturbance to other Customers and shall submit to any request by the Supplier to use Electronics in a specially designated area or to cease use of the Electronics completely;
- adhere to any and all smoking laws, regulations and/or policies applicable to the use of tobacco products and electronic cigarettes at the Lounge Facilities;
- co-operate with the Supplier in all matters relating to the use of Services; and
- comply with all applicable laws and adhere to any policies and procedures which may be implemented by the Supplier, from time to time, in respect of the Customer’s use of the Services, details of which will be supplied to the Customer on request.
5. Representations by the Supplier
Certain information produced or provided by the Supplier, including but not limited to: images, drawings, photographs and descriptions of services and amenities on offer (“Information“), is intended for illustrative and marketing purposes only and accordingly may contain inaccuracies, missing details or may be incomplete. The Customer agrees that any reliance placed on the Information is done so at the Customer’s own risk and without recourse to the Supplier.
6. Bookings and Payments
The charges payable in respect of online bookings and the use of the Services shall be calculated in accordance with the Supplier’s rates, as set out on its in-house service menu and its website (“Charges“). The Supplier reserves the rights to amend the Charges from time to time.
7. Refund, Discount and Transfer Policy
- Subject to clause 7.2, all bookings made by the Customer are non-transferrable and non-refundable.
- Refunds and discounts shall be afforded to the Customer in the sole and absolute discretion of the Supplier.
8. Availability and Hours of Operation
- The ordinary hours of operation of the Lounge Facilities are from 08:00 to 20:00 each day of the week. The latest time at which a customer may check-in to the Lounge Facilities is 18:00.
- Use of the Services is subject to available capacity and the Supplier reserves the right to amend the hours of operation of the Services for any reason whatsoever.
9. Data Protection
- For purposes of this clause, “personal information” and “processing” shall have the meanings ascribed to such terms in the Protection of Personal Information Act No 4 of 2013 (“POPI“).
- The Customer consents to the Supplier holding and processing, both electronically and manually, the data it collects in relation to the Customer’s use of the Services. The Customer expressly gives the Supplier permission to process any of its personal information, for any purposes connected with its use of the Services.
- The Customer warrants that any and all personal information provided by it to the Supplier shall at all times be true and correct.
- The Customer agrees that this clause 9 constitutes informed consent in terms of POPI.
10. Force majeure
The Supplier shall not be liable to the Customer for any delay in performing, or failure to perform, any of its obligations due to the Customer if such delay or failure result from events, circumstances or causes beyond the Supplier’s reasonable control.
11. Liability
- The Supplier does not accept any liability, of whatsoever nature and however arising, in relation to the Customer’s use of the Services.
- The Customer agrees that its use of the Services is at its own risk, and accordingly agrees to indemnify the Supplier against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, personal injury, accident or death arising from its use of the Services, or any actions or transactions resulting therefrom.
- If any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, the Customer agrees that the Supplier’s total liability to it in respect of such matters shall not exceed an amount equal to R2 000 (two thousand Rand).
- The Customer agrees that the provisions of this clause 11 will be binding not only it, but also on its heirs and executors, dependents and/or assigns or its successors in title, as the case may be.
12. General
12.1 Entire agreement
The Terms contain all the express provisions agreed on by the Customer and the Supplier with regard to the subject matter herein, and supersedes and novates in its entirety any previous understandings or agreements among them in respect thereof.
12.2 No representations
The Customer may not rely on any representation (whether or not made innocently, negligently or deliberately) which allegedly induced it to accept these Terms, unless the representation is recorded herein.
12.3 Variation, cancellation and waiver
No contract varying, adding to, deleting from or cancelling the Terms, and no waiver of any right under the Terms, shall be effective unless reduced to writing and signed by or on behalf of the Customer and Supplier.
12.4 Indulgences
The grant of any indulgence, extension of any time or relaxation of any provision by the Supplier shall not constitute a waiver of any right by the Supplier or prevent or adversely affect the exercise by the Supplier of any existing or future right which it may have.
12.5 Provisions severable
All provisions and the various clauses of the Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
12.6 Assignment
The Customer shall not be entitled to cede, assign, transfer or make over any of its rights or obligations set out in the Terms without obtaining the prior written signed consent of the Supplier.
12.7 Applicable law
This Agreement is to be governed, interpreted and implemented in accordance with the laws of the RSA.