Terms of Use

1.             Introduction

  • This website, which is accessible via www.180lounger.com (“Website“), together with all content and information available or incorporate herein is operated by 180 Lounger Proprietary Limited (“180 Lounger“, “we“, “our” or “us“).
  • 180 Lounger is a private company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA“) and has its registered address situated at: The Terraces 16th floor, 34 Bree Street. Cape Town 8001, South Africa.
  • Any person (“you” or “your“) using any part of the Website accepts and agrees to be bound by the terms and subject to the conditions set out herein (“Terms“). If you do not agree with the Terms, you must not use the Website.
  • If you purchase any goods or services from the Website, our Lounge Facility Terms and Conditions, will apply to such purchase.
  • We 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.

2.             Amendments to the Terms

  • We may amend the Terms from time to time. Each time you wish to use the Website, please review the Terms to ensure that you understand same and familiarise yourself with any amendments which may have occurred since your previous use.
  • The Terms were last amended on 23 March 2018.

3.             Availability of the Website

  • The Website is made available to you free of charge.
  • We do not warrant or represent that the Website, or any content on it, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or part of the Website without notice to you and for any reason whatsoever.
  • You are responsible for ensuring that all persons accessing the Website via your information technology infrastructure are aware of the content of the Terms and that they comply with same.

4.             Intellectual Property

  • We are the owner or the licensee of all intellectual property and material published on the Website. Such intellectual property and material is protected by copyright, trademark and/or other intellectual property rights and laws.
  • You may not alter, broadcast, copy, distribute, modify, publish, sell or transfer any material found on the Website, however you may print off a single copy and/or download extracts of any page from the Website for personal use provided you do not alter or remove any copyright, trademark or other proprietary notices.
  • Our status as authors or licensees of the content on the Website must always be acknowledged.

5.             Links to Other Websites

  • We may from time to time provide links from the Website to other websites that are owned and controlled by third parties. We have no control over the contents of such websites, and accordingly accept no liability in respect thereof.
  • Links to other websites should not be interpreted as to imply any affiliation or endorsement by us of those linked websites or the information you obtain from them.

6.             User Generated Content

The Website may contain information and/or material uploaded by other users.  Such information and material has not been verified or approved by us and accordingly we do not accept any liability in respect of same.

7.             Use of the Website

  • You agree to use the Website in compliance with all applicable laws. In doing so you agree, amongst other things, not to:
    • use any of the materials on the Website for commercial exploitation without our prior written consent;
    • establish a link to or from the Website from or to any other website, intranet or extranet site without our prior written consent;
    • use the Website to upload or distribute any material that contains viruses or anything similar, is illegal, obscene or of a defaulting nature;
    • use the Website in any manner or for any purpose that may infringe the rights of or cause offence to any other person;
    • do anything that may alter, interfere with or disrupt the Website or our services; or
    • obtain or attempt to obtain unauthorized access to our intranet or any other restricted access networks linked to the Website.

8.             Liability

  • We do not warrant, represent or undertake that the content of or the material on the Website is accurate, complete or current or that the Website is free from defects, viruses or other malicious software.
  • We do not accept any liability, of whatsoever nature and however arising, in relation to your use of the Website. You agree to indemnify us against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on the content published on the Website, 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, you agree that our total liability to you in respect of such matters shall not exceed an amount equal to R2 000 (two thousand Rand).

9.             Interception of Communications

You consent, in terms of the Regulation of Interception of Communication and Provision of Communication Related Information Act, to us monitoring and intercepting your communications to and from the Website.

10.          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“).
  • You consent to us holding and processing, both electronically and manually, the data we collect in relation to you in the course of your use of the Website. You expressly give us permission to process any of your personal information, for any purposes connected with your use of the Website or our lounge facilities.
  • You warrant that any and all personal information provided by you to us shall at all times be true and correct.
  • You agree that this clause constitutes informed consent in terms of POPI.

11.          Applicable law

  • These Terms and your use of the Website shall be governed by the laws of the Republic of South Africa.
  • You consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Local Division, Cape Town in respect of any disputes arising out of or in connection with these Terms or your use of the Website.