Terms & Conditions

   

Rental Agreement entered between

Rent A Pot
(Hereinafter called “RAP”) (2019/470833/07)
And
“The Member”

 

Introduction
The growing of cannabis for personal consumption is not easy or economical under non-ideal make shift home environments.
Rent A Pot can take care of this for the member.
Become a member by renting your own personal pot in our environmentally controlled room.

How it works
1. Send us your seeds (RAP can advise the member)
2. RAP germinates, vegetates, flowers and dries the member’s plant.
3. RAP delivers your dried plant.

Whether your requirement is medicinal or recreational, let RAP provide you with space to grow.

 

1. Interpretation

1.1 The singular in this agreement shall include the plural and vice versa and words applying to individuals shall include corporate bodies. Masculine gender shall include female gender.
1.2 “The website” means RAP’s official website that is operated and owned by RAP.
1.3 “RAP APP” means the software application that can be used to access any and all of RAP’s offerings in a downloadable link on the website, but not limited to any mobile device.

2. Terms and Conditions

By entering into this agreement, RAP agrees to providing space for the member to grow cannabis plants at a quantum to be deemed for the personal consumption of the member.
Such supervised cultivation will be undertaken by RAP experts or any appraised experts as may be revised from time to time.

2.1. RAP will germinate, vegetate, flower and dry a cannabis plant on behalf of the member as a service.
2.2. Registration of membership takes place on the RAP website.
2.3. Payment is facilitated via said website.
2.4. Ownership of the seeds and the resultant cannabis plant at all times remain vestal in the member.
2.5. RAP only offers the abovementioned services on behalf of the member.
2.6. The member in entering into this agreement, agrees to the loaning a pot which becomes the members own designated area, possession and effective control of the cannabis plant remains with the member.
2.7. RAP has agreed to make available and provide the services to the members on the term and subject to conditions set out herein.
2.8. These terms and conditions will apply to all members registering on the website and by clicking “I agree to the website terms and conditions” box, the member agrees to be bound by these terms and conditions.

3. Consumer Protection Act (CPA) Applicability

3.1 These Terms and Conditions apply to users who are consumers for the purpose of the Consumer Protection Act. 68 of 2008 (CPA)

3.2 These Terms and conditions contain provisions that-
3.2.1 may compel the member to indemnify RAP; and/or
3.2.2 may create risk or liability for the member ; and/or
3.2.3 may limit the risk or liability of RAP.
3.3 The member’s attention will be drawn to these Terms and Conditions as they are important and should be carefully noted.
3.4 If there is any provision in these Terms and Conditions that the member does not understand, it is the responsibility of the member to request RAP explain same before accepting these Terms and Conditions.
3.5 Nothing in these Terms and Conditions is intended or must be understood to lawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the member or RAP in terms of any applicable laws. To the extent that these Terms and Conditions expressly conflict with any law which is applicable to the member or RAP the provisions of such law shall prevail, unless otherwise agreed and such agreement is permitted by law.

4. Registration and Membership

4.1 In order to access the services a prospective member will be required to register on the website and must be over the ages of 18years old.
4.2 RAP may from time to time determine conditions and criteria for membership and refuse applications from persons who do not comply with such conditions and criteria.
4.3 No person shall have the right to demand membership, notwithstanding that he/she may satisfy any eligible criteria. RAP has the discretion to adjudicate, accept or reject membership applications, as it may deem appropriate and in the best interest of RAP.
4.4 Upon registering on the website and accepting these Terms and Conditions an agreement is created between member and RAP, and the member may place an Order for Services.

5. Member obligations

5.1 By registering on the website, the member acknowledges to RAP that the member – 5.1.1 has viewed, read and understood these Terms and Conditions; 5.1.2 will be solely responsible for maintaining the confidentiality of their Login Details 5.1.3 will be solely responsible for activities that occur under their account 5.1.4 will not, in any manner, divulge or publicise their Login details. It is specifically recorded that Login details may only be used by the person to whom they have been allocated.
5.2 Without prejudice to any other rights it may have, RAP will be entitled to terminate a member’s access to the website immediately and without notice, if Login details are in any manner divulged or publicised by the member.

5.3 The member hereby warrants that its Login details shall – 5.3.1 be used for their sole or purpose use; and 5.3.2 not be disclosed to any third party.
5.4 RAP is indemnified by the member for any damages suffered or losses incurred from the use or misuse of a members Login details, whether by a member or by a third party.

6. Services

6.1 Availability of services

6.1.1 The member may place an Order for Services on the website, which RAP may accept or reject depending on circumstances including, but not limited to –

6.1.1.1 RAP growing capacity

6.1.1.2 non-compliance by a member with any term of these Terms and Conditions;

6.1.1.3 availability of growing space;

6.1.1.4 the correctness of the information relating to the member and/or the feminised seed provided by the member; and

6.1.1.5 receipt of payment of membership fees.

6.2 Once RAP has accepted the Order for Services, the member shall be required to deliver to RAP the feminised seeds which the member wishes RAP to grow on its behalf.
6.3 Nature of Services

6.3.1 once the member’s feminised seeds are received by RAP, the member is assigned his/her Designated Growing Area within the RAP Growing Facility. The member will be informed by RAP on the website and/or the RAP App of its allocated Member Designated Area on confirmation of the order for services. The Sub-lease Agreement between the member and RAP will commence immediately upon RAP confirmation of Order for Services in accordance with Annexure A.

6.3.2 The member’s feminised seeds will be grown, dried and cured in the member’s designated growing area and in common areas.

6.3.3 The member shall be allowed to access the member’s designated growing area and the common areas (depending on the stage of the Cannabis Plant’s Growth Cycle), and as agreed between the Member and RAP.

6.3.4 Each member shall only be entitled to request the services, and RAP shall only be obliged to provide such services, for maximum of 2 Cannabis Plants at any one time.

6.3.5 Once RAP has completed the drying and curing process the member shall be advised, via the website or on the RAP App, that their Cannabis Plant is ready for collection. Collection or delivery will then be arranged between parties in accordance with clause with heading “Risk and benefit” below.

6.4 Restrictions

6.4.1 except to the extent expressly permitted in these Terms and Conditions or required by law –

6.4.1.1 the member must not permit any unauthorised person to access or use the services;

6.4.1.2 member must not use the services to provide services to third parties;

6.4.1.3 the member must not use the services – 6.4.1.3.1 in any way that is illegal, fraudulent or harmful; or 6.4.1.3.2 in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

7. Subsequent Plants

7.1 It is recorded that should a member order a subsequent plant, RAP is hereby authorised by the member to propagate a member’s existing plant to grow subsequent plants in respect of that member.
7.2 The growth cycle in respect of each subsequent plant is approximately 2 to 3 months (strain dependent) after the previous plant has been provided to the member.

8. The Obligations

8.1 RAP undertakes to –

8.1.1 provide the services strictly in accordance with these Terms and conditions;

8.1.2 to keep a written register of all members and orders for services; and

8.1.3 promptly notify the member upon becoming aware of circumstances that may reasonably be expected to jeopardise the performance or timely performance of the services or any part thereof.

8.2 Notwithstanding the above, RAP –

8.2.1 does not warrant that the member’s use of the services will be uninterrupted or error-free, nor that the services will meet the member’s requirements; and

8.2.2 is not responsible for any delays, delivery failures, low yields, or any other loss or damage resulting from provision of services, save where such liabilities arises from gross negligence or wilful misconduct of RAP, its employees, agents or authorised representatives.

8.3 The member acknowledges that the services may be subject to limitations, delays and other problems inherent in provision of such services.

9. Collection or Delivery

9.1 Once the Cannabis Plant has been cured and the members has been informed via website or RAP App that it is ready for collection, the member may elect to – 9.1.1 personally collect his/her cured Cannabis Plant from premises; or 9.1.2 authorise RAP to, on his/her behalf, arrange courier service to deliver the cured Cannabis Plant directly to the member’s directed address.
9.2 If the member elects clause 9.1.2 above as mode of delivery, the parties agree that RAP will organise courier service in RAP capacity as a duly authorised agent of the member for and on the member’s behalf. Accordingly the agreement between the courier service provider and the member will be concluded in the name of the member and not in RAP’s name.
9.3 RAP will not be liable for any loss or damage suffered by the member during the delivery process.
9.4 The cost of delivery is included in the membership fee.

10. Risk and Benefit

10.1 Possession and control of the member’s feminised seeds and the resultant Cannabis Plant shall be given by the member to RAP on the transfer date. Notwithstanding possession and control – 10.1.1 all the benefit and risk of ownership of the feminised seed(s) and resultant Cannabis Plant shall remain with the member and shall not transfer to RAP;

10.1.2 it is agreed between the parties that RAP will not – 10.1.2.1 be entitled to nor have any claim in respect of the feminised seed(s) or the resultant Cannabis Plant; 10.1.2.2 be liable for any risks or costs in respect of the feminised seed(s) or the resultant Cannabis Plant; 10.1.2.3 be liable for claims, losses or liabilities arising from any defects, failure or hazards in the feminised seed(s) or the resultant Cannabis Plant, save where such liability arises from the gross negligence or wilful misconduct or RAP, its employees, agents or authorised representatives; and 10.1.2.4 be liable for any damage or injury caused to the member or any third party on account of the delivery of the Cannabis Plant, save where such arises from the gross negligence or wilful misconduct of RAP, its employees, agents or authorised representatives, in accordance with clause “Collection or Delivery”

11. Limitation of Liability

11.1 The use of the website and RAP App is entirely at the member’s own risk and the member assumes full responsibility for any risk or loss resulting from the use of the Website or RAP App or reliance on any information on the website or the RAP App.
11.2 RAP cannot be held liable for any inaccurate information published on the website or RAP App and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of RAP, its employees, agents or authorised representatives. The member is encouraged to contact RAP to report any possible malfunctions or errors by the way of the website help page.
11.3 The member indemnifies RAP for any direct, indirect, incidental, special or consequential loss or damages which might arise from the member’s use of, or reliance upon, the website or RAP App or the content contained therein, or the members inability to use the website or RAP App, and/or unlawful activity on the website or RAP App and/or any linked third party website.
11.4 The member hereby indemnifies RAP, its employees, agents and authorised representatives and holds any and all of them harmless against any claim, charge or criminal prosecution which ,may arise as a result of the member utilising the website or RAP App to deal or trade-in or distribute or acquire any illegal substance or product, and RAP shall not be in any way responsible for any legal action or criminal prosecution which a member may face as a result of any misuse of the website or RAP App.

12. Indemnity and Warranties

12.1 By using the website or RAP App, the member warrants that he/she is18 years of age or older and of full legal capacity.
12.2 The member agrees that the website or RAP App cannot guarantee continuous operation of or access to services on the website or RAP App. The functionality of listings and promotions may not occur in real time and such functionality is subject to delays beyond RAP’s control. The member hereby indemnifies RAP against any loss, claim or damage which may be suffered by the member or any third party arising in any way from the member’s use of the website or RAP App and/or any linked third party website.
12.3 In addition to the limitation of liability and disclaimers contained in these Terms and Conditions. RAP also makes no warranty or representation, whether express or implied, that the information or files available on the website or RAP App are free of viruses, spyware, malware, Trojans, destructive materials or any data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the members computer system, computer network, hardware or software in any way.
12.4 The member accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device or the member’s hardware or software, save where such risks arise due to gross negligence or wilful misconduct of RAP, its employees, agents or authorised representatives.

13. Privacy Policy

13.1 RAP will not, without the member’s express consent –

13.1.1 use the member’s personal information for any purpose other than as set out below – 13.1.1.1 in relation to the services – 13.1.1.1.1 to contact the member regarding current or new goods offered on the website or RAP App; or 13.1.1.1.2 any of RAP’s divisions, affiliates and/or partners (to the extent that the member has not opted out from receiving marketing material from RAP) 13.1.1.1.3 to inform the member of new features, special offers and promotional competitions offered by RAP or any of its divisions, affiliates and/or partners (to extent that the member has not opted out from receiving marketing material from the website or RAP App; and 13.1.1.1.4 to improve the website’s or RAP App functionality; or
13.1.1.2. Disclose the member’s personal information to any third party other than as set out below – 13.1.1.2.1 to the website’s or RAP App’s employees and/or third party service providers who assist RAP to interact with the member through the website or RAP App, email or any other method, for the requesting of the services or when delivering the Cannabis plant to the member. 13.1.1.2.2 to RAP’s divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the member by email or any other method for purposes of sending the member marketing; 13.1.1.2.3 material regarding any current or new offers by them (unless the member has opted out of receiving marketing material from the website or RAP App) 13.1.1.2.4 to law enforcement, government officials, fraud detection agencies or third parties when RAP believes in good faith the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions; and 13.1.1.2.5 to RAP’s service providers who assist with parts of RAP’s business operations.
13.1.1.3 RAP is entitled to use or disclose the member’s personal information if such use or disclosure is required in order to comply with applicable law, subpoena, an order of court or legal process served on RAP, or to protect and defend RAP’s right or property. In the event of fraudulent online payment.
13.1.1.4 RAP shall ensure that all of its employees, third party service providers, divisions, affiliates and partners (including employees and third party service providers) having access to the member’s personal information are bound by appropriate and legally binding confidentiality obligations in relations to the members personal information.
13.1.1.5 Notwithstanding anything to the contrary, RAP shall not retain the member’s personal information longer than the period for which it was originally needed, unless the website or RAP App is required by law to do so, or the member consents to the website or RAP App retaining such information for a longer period.

14. Changers to the Terms and conditions RAP reserves its right to amend, update, change or replace any part of these Terms and Conditions and provisions contained herein at its sole and absolute discretion. Any amendment, update, change or replacement of these Terms and Conditions and provisions shall be delivered to the member by way of email, and the continued use of and access of the website following any amendment, update, change or replacement of provisions shall constitute acceptance of same.

15. Breach

15.1 If any party breaches any material provision or term of these Terms and Conditions (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 14 days from receipt of written notice requiring it to do so (or, if it is not reasonably possible to remedy the breach within 14 days, within such a further period as may be reasonable in the circumstances, provided that the party in breach furnishes evidence, within the period of 14 days, to the reasonable satisfaction of the other party that it has taken whatever steps are available to it to commence remedying the breach) then the aggrieved party shall be entitled, without notice, in addition to any other remedy available to it by law or under these Terms and Conditions, including, to cancel the agreement or claim specific performance of any obligations, whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party’s right to claim damages.
15.2 Should the agreement between RAP and the member created by these Terms and Conditions be terminated or cancelled for any reason, RAP shall, without prejudice to any other rights which the member may have –

15.2.1 immediately cease to provide the services;

15.2.2 shall be entitled, at its election, to – 15.2.2.1 destroy any Cannabis Plants that it still holds on behalf of the member; or 15.2.2.2 after the expiry of 2 weeks, an employee of RAP or another member, may claim ownership of a Cannabis Plant which has not been collected by the member; and 15.2.3 all amounts then owing by the member in terms of these Terms and Conditions shall become immediately due and payable.
15.3 RAP shall upon termination of these Terms and Conditions in terms of this clause be entitled, at its discretion, to cancel all unexecuted orders for services.

16. Member Cancellation

The member may cancel an order for services on written notice, via email to RAP, provided that the member cancels the order at least 30 days prior to the conclusion of one Growth Cycle, failing which, RAP shall be entitled to retain the full membership fee and the member forfeits ownership of the Cannabis Plant.

17. Force Majeure

17.1 If RAP is prevented from or delayed in performing any obligation under these Terms and Conditions due to Force Majeure Event or any other reason beyond the reasonable control of RAP, RAP shall be excused from performing or timeously performing that particular obligation for the duration of that prevention or delay.

17.2 RAP shall inform the member, in writing, of that prevention or delay as soon as reasonably possible after the circumstances causing such prevention or delay have arisen, but in any event no later than 48 hours after the commencement of such prevention or delay.

17.3 RAP shall do everything reasonably possible to prevent, avoid or limit the duration of the effects of any such prevention or delay. RAP shall give written notice thereof to the member.

17.4 While any such prevention or delay continues, the parties shall continue to comply with their obligations under these Terms and conditions which are not affected by it, to the extent that they are able and wilfully to do so, and these Terms and Conditions shall be extended by the period for which such prevention or delay endures.

17.5 If any such suspension or delay continues for more than 30 days then either party shall be entitled by written notice to the other terminate these Terms and Conditions.

18. Dispute Resolution

18.1 In the event of there being any dispute of difference between the parties arising out of these Terms and conditions, the said dispute or difference shall, on written demand by any party, be submitted for resolution firstly by way of negotiation and in the event of that failing, by the way of mediation and in the event of that failing, by the way of arbitration. The reference to negotiation and mediation is a pre-condition to the parties having the dispute resolved by arbitration.
18.2 A dispute shall arise if the dispute and particularity thereof is communicated by one party to the other in writing.
18.3 Within 21 days of the communication in this clause, 18.2 above, the parties shall seek an amicable resolution to such dispute by referring such dispute to representatives of each of the parties concerned for their negotiation and resolution of the dispute. The representatives shall be authorised to resolve the dispute.
18.4 In the event of the negotiation envisaged in 18.3 above failing for whatsoever reason or cause, any party may, within 21 days of such failure, refer to the dispute for resolution by way of mediation. The negotiation shall be deemed to have failed if one of the parties declares in writing that it has failed.
18.5 Mediation

18.5.1 The mediation shall be conducted by a mediator selected by agreement between the parties, and failing such agreement within 7 days after a written request by any party to the other for such mediation, nominated on the application of any party by the President for the time being of the Cape Law Society or its successor.

18.5.2 The mediator shall as he/she deems fit, follow formal or informal proceedings and receive evidence on submissions orally or in writing, sworn or unsworn at joint meetings, with the parties or separately from any person who can assist in the formulation of his opinion, provided that – 18.5.2.1 each party shall be given reasonable opportunities of presenting evidence and submissions and of responding to evidence and submissions of the other party; 18.5.2.2 each party shall be given full details of any evidence on submissions received by the mediator from the other party or any other person otherwise than at a meeting where both parties are present. 18.5.2.3 The mediator shall have the power to propose to the parties’ compromise settlements or agreements in disposal of the whole or portion of the dispute. 18.5.2.4 The mediator shall as soon as reasonably as practicable give to each of the parties his written opinion on the dispute, recording the details of any agreement reached between the parties during the mediation. 18.5.2.5 The mediator’s opinion shall become binding on the parties only to the extent correctly recorded as being agreed by the parties in the mediator’s written opinion or otherwise as recorded in writing by all parties subsequent to the mediator’s opinion.

18.6 Arbitration

18.6.1 In the event of the mediation envisaged in 18.4 failing, any party may, within 21 days thereafter, by written notice to the others, submit the said dispute or difference to arbitration in Cape Town in accordance with the AFSA rules, which arbitration shall be administered by AFSA.

18.6.2 Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between the parties to the dispute or failing agreement within 10 business days of the demand for arbitration, then any part to the dispute shall be entitled to forthwith call upon the chairperson of the Cape Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.

18.6.3 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgement in relation to a liquidated claim.

18.6.4 Any arbitration in terms of clause 18 (including any appeal proceedings) shall be conducted in camera and the parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.

18.7 The provisions of this clause 18 will continue to be binding on the parties notwithstanding any termination or cancellation of these Terms and Conditions.
18.8 The parties agree that the written demand by the party to dispute in terms of clause 18.1 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969.

19. General

19.1 Ownership and Copyright – The contents of the website, including any material, information, material, data, software, icons, texts, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, service marks which are displayed on or incorporated on the are protected by law. The website content is the property of RAP, its advertisers and/or sponsors and or RAP licensed to RAP.
19.2 Electronic communications – The member hereby agrees and consents to receive communication from the website or any of its divisions electronically in accordance with the privacy laws of South Africa.
19.3 Warrant of Authority – Each party warrants to the other party that it has the power, authority and legal right to perform these Terms and Conditions and that these Terms and Conditions have been duly authorised by all necessary actions of its directors and constitutes valid and binding obligations on it in accordance with these Terms and Conditions.
19.4 Implementation and Good Faith 19.4.1 the parties shall at all times during the continuance of these Terms and Conditions observe the principles of good faith towards one another in the performance of their obligations. This implies that they shall – 19.4.1.1 at all times during these Terms and Conditions act reasonably, honestly and in good faith; 19.4.1.2 perform their obligations arising from these Terms and Conditions diligently and with reasonable care; and 19.4.1.3 make full disclosure to each other of any matter that may affect the execution of these Terms and Conditions.
19.5 Whole Agreement – These Terms and Conditions constitute the whole agreement between the parties as to the subject matter thereof and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties.
19.6 Cession and Delegation – The parties agree that neither party shall be entitled to cede, on whole or in part, any of its rights, or sub-license, delegate or subcontract, in whole or in part, any of its rights or obligations, arising from these Terms and conditions without prior written consent of the other party.
19.7 Governing Law and Jurisdiction 19.7.1 The validity of these Terms and Conditions, their interpretation, the respective rights and obligations of the parties and all other matters arising in in any way out of these Terms and Conditions or their expiration or earlier termination for any reason shall be determined in accordance with the laws of South Africa. The parties hereby consent to the adjudication of any dispute, to the degree that such dispute is not otherwise regulated in terms of these Terms and Conditions, by any South African court of competent jurisdiction; in accordance with, and in amplification of which, the parties hereby specifically consent to the exclusive jurisdiction of such court. 19.7.2 Nothing in this clause 19.7 or in these Terms and Conditions limits the member’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, No 68 of 2008.

19.8 Relaxation – No latitude, extension of time or other indulgence which may be given or allowed by any party to any party in respect of the performance of any obligation hereunder or enforcement of any right arising from these Terms and Conditions and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party’s rights in terms of or arising from these Terms and Conditions or estop such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term thereof.

20. Intellectual Property

20.1 All intellectual property rights, including copyright in all materials, including trademarks, logos, photographs, images, text and other graphics which form a part of the site is owned by RAP alternatively RAP is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the site and or any site information as well as the database is the sole property of RAP.
20.2 RAP grants you permission to view, electronically copy and print portions of the site for the sole purpose of placing an order with RAP for any of their services.
20.3 Any use of materials on the site other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other propriety content, without the prior written consent of RAP and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of intellectual property rights of RAP and/or such trademark and/or copyright owner.

21. Changes to these Terms and Conditions RAP reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you accordingly encouraged to check website regularly. If you use website after such updated or amended Terms and conditions have been displayed on the website, you will be deemed to have accepted such updates or amendments.

22. Governing Law These terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submissions to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

23. Limitation of Liability RAP shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which arise from your use of, reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or linked third party.

23.1 The member uses the website or any other application at the member’s own risk and assume full responsibility for any risk or loss resulting from the use of the RAP website or any other App or reliance on and information on the website or RAP App.

23.2 The Member hereby indemnifies RAP, its employees, agents and authorised representatives and holds any and all of them harmless against any claim, charge or criminal prosecution which may arise as a result of the Member utilising the Website or RAP App to deal or trade-in or distribute or acquire any illegal substance or product, and RAP shall not be in any way responsible for any legal action or criminal prosecution which a Member may face as a result of any misuse of the Website or RAP.

 

Annexure A – Offer to sub-lease

1. Irrevocable Offer

1.1 Registration on the website and an order for services by a member shall constitute an irrevocable offer by the member to hire the Member Designated Area (which includes the right to utilise the common areas), which offer shall remain irrevocable for a period of 14 days from the date of placing the order on the website. The irrevocable offer shall be available for acceptance by RAP at any time during such period.

1.2 Upon acceptance of the offer by RAP, by means of sending of a written confirmation of Order of Services on the website, together with a confirmation of the Member Designated Area, an agreement shall come into effect between RAP and the member in terms of which RAP sub-lets the Member Designated Area to the member. It being recorded that there will be no further requirements for this Sub-Lease Agreement to come into effect.

2. Sub-lease terms

2.1 RAP hereby lets and the member hires the Member Designated Area.

2.2 The sub-lease shall commence within 2 weeks after the transfer date (“Sub-Lease commencement date”); and shall endure for the duration of a single Growth Cycle (“Sub-lease Period”)

2.3 Should RAP be unable to give the member occupation of the Member Designated Area so as to comply with the Sub-Lease Commencement Date and provided that such delay is not due to the gross negligence of RAP, its employees or agents, the member shall- 2.3.1 have no claim whatsoever against RAP for damages of whatsoever nature; 2.3.2 have no right to cancel the Sub-Lease Agreement; and 2.3.3 accept occupation on such later date on which the Member Designated Area becomes available.

2.4 In the event of a delay as envisaged in clause 2.3 above, the Sub-Lease Commencement Date shall be the date on which the Member Designated Area shall become available for occupation; provided that if the Member Designated Area is not reasonably capable of occupation within 3 months of the anticipated Sub-Lease Commencement Date than either part shall be entitled to terminate the Lease by giving the other party at least 1 month’s written notice of its election and neither party shall have any claim whatsoever against the other arising from such earlier termination.

3. Rent

3.1 the rental amount due to RAP will comprise of a R250 per month Membership Fee payable by the member every month until service is complete.

3.2 The balance of the rental, R2000, will be invoiced and is payable before delivery.

                                                                       

Terms & Conditions