Workshop17 Terms and Conditions
Refuel Properties Proprietary Limited (Registration number: 2016/243817/07) trading as Workshop17 operates an office space and co-working SME business across the Republic of South Africa
1. ACCEPTANCE OF THESE TERMS
1.1. If you engage Workshop17 for its goods and services you hereby accept and agree on these Terms and on any other terms and conditions presented to you online, through the application or in-store.
1.2. You hereby warrant and represent that you have read and familiarised yourself with these Terms as well as any other terms and conditions presented to you prior to engaging with Workshop17 for the goods and services and therefore indemnify Workshop17 for any loss, harm and/or damage as result of failing to do so.
2. DELIVERY OF GOODS AND SERVICES
2.1. Workshop17 shall ensure the delivery of its goods and services to you in a timeous fashion and at a reasonable industry standard.
2.2. Workshop17 shall only make delivery of any selected goods and services once it has received confirmation that payment has been successful.
3. PAYMENT FOR GOODS AND SERVICES
3.1. You may make payment in the following manner: 3.1.1. Visa or MasterCard credit and/or debit cards; or 3.1.2. an Electronic Funds Transfer into Workshop17’s bank account, which shall be provided on request.
3.2. All payments shall be made via Workshop17’s chosen payment gateway (in its sole and absolute discretion) as indicated on the Website. You are encouraged to familiarise yourself with the security policy and terms and conditions of the chosen payment gateway.
3.3. All payments shall be made in South African Rand, unless otherwise stated herein.
3.4. All amounts payable by you to Workshop17 shall be paid without deduction or set-off of any nature whatsoever (including bank charges).
4. FNB eBUCKS
4.1. Workshop17 and FNB eBucks have entered into a Spend and Earn Relationship whereby FNB customers may pay for the Subscription with FNB eBucks.
4.2. FNB eBucks may be used to purchase Credits.
4.3. You may request that FNB eBucks be made a payment option for all membership invoices.
5. REFUND AND COMPLAINT POLICY
5.1. Cancellation prior to the delivery date shall be dealt with in accordance with the cancellation and termination clause below.
5.2. Should you have a complaint regarding the sub-standard delivery of the goods and services, such complaint shall be processed as follows: 5.2.1. within 5 (five) days of the provision of the goods and services provide written notice to Workshop17 detailing the reasons for such complaint (“Complaint Notice”); 5.2.2. thereafter, Workshop17 shall within a period of 5 (five) days of receipt of the Complaint Notice conclude an investigation of the complaint (“Investigation”); 5.2.3. within 3 (three) days of concluding the Investigation, should Workshop17 in its reasonable opinion conclude that there has in fact been a sub-standard delivery of goods and services, Workshop17 shall refund you for the relevant payment within 30 (thirty) days of such determination; and 5.2.4. should Workshop17 in its reasonable opinion conclude that the complaint is without merit, it shall not refund You.
5.3. Should you dispute the determination made in clause 5.2.4 above, such dispute shall be resolved in accordance with the dispute resolution clause below.
6. CANCELLATION AND TERMINATION
Subject to the membership service agreement,
6.1. For members, cancellation and termination shall be dealt in accordance with the membership service agreement.
6.2. For non-members, the following terms and conditions shall apply to the cancellation prior to the delivery date: 6.2.1. if more than sixty (60) days prior to the delivery date of goods and services, the deposit and the booking fee; 6.2.2. If less than sixty (60) but more than thirty (30) days from the delivery date of goods and services, the deposit and two times the booking fee; 6.2.3. If less than thirty (30) days from the delivery date of goods and services, the deposit and two times the booking fee.
6.3. If you breach any of these Terms and fail to remedy such within 5 (five) days of written notice from Workshop17, Workshop17 shall be entitled to terminate this legal relationship with you and notwithstanding any other remedy available in law, claim any damages suffered as a consequence of such breach.
7. DELIVERY NOT TIMEOUSLY AVAILABLE
7.1. If Workshop17 is unable to deliver the goods and services for any reason whatsoever or howsoever arising, including but not limited to (i) delay with negotiations with location owners for more space, changes to construction plans, delay in construction or in obtaining any necessary permit and/or license or any other obstacles in procuring space, or (ii) delays caused by you - Workshop17 shall not be subject to any liability related or resulting from such inability, nor will such failure affect the validity of these Terms and/or the membership services agreement. In the event of such, you shall not be liable for any payment in terms of the membership services agreement these Terms, except as contemplated therein until such time as the goods and services are delivered or made available to you.
8. PROTECTION OF PERSONAL INFORMATION ACT
Workshop17 will collect information from You and your members for the purposes of the delivery of goods and services as contemplated in these Terms. Such information will be used for the purpose of giving effect to the delivery of goods and services and at all times Workshop17 shall comply with the provisions of the Protection of Personal Information Act No.4 of 2013.
9. WEBSITE USE AND LIMITATION OF LIABILITY
9.1. Website use is governed by the laws and regulations of the Republic of South Africa.
9.2. The use of the Website is entirely at your own risk and You and Your Members assume full responsibility for any risk, harm or loss resulting from use of the Website or reliance on any information thereon.
9.3. Whilst Workshop17 takes reasonable measures to ensure that the content of the Website is accurate and complete, Workshop17 makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by representatives, Workshop17 shall not be bound thereby.
9.4. In addition to the disclaimers contained elsewhere in these Terms, Workshop17 also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other 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 Your and/or Your Members’ computer system, computer network, hardware or software in any way. You and Your Members accept 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 Your and/or Your Members hardware or software, save where such risks arise due to the gross negligence or wilful misconduct by Workshop17, our employees, agents or authorised representatives. Workshop17 thus disclaim all liability for any damage, loss, harm or liability of any nature whatsoeve and/or howsoever arising out of or in connection with Your and/or Your Members’ access to or use of the Website.
9.5. Notwithstanding the fact that the Website may refer to or provide links to third party websites, You and Your Members’ use of such third party websites is entirely at Your and/or Your Members’ own risk and Workshop17 is not responsible for any loss, harm, expense, claim or damage, whether direct, indirect or consequential, arising from Your and/or Your Members’ use of such third party websites or Your and/or Your Members’ reliance on any information contained thereon.
9.6. Workshop17 shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your or Your Members’ use of, or reliance upon, the website or the content contained in the website; or Your and Your Members’ inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
9.7. You and Your Members hereby indemnify Workshop17 against any loss, harm, claim or damage which may be suffered by You and/or Your Members or any third party arising in any way from You and/or Your Members use of this website and/or any linked third party website.
10. LIMITATION OF LIABILITY
You hereby acknowledge and agree that Workshop17’s maximum aggregate liability for all claims of any kind whether based on wilful conduct, gross negligence, negligence or otherwise to you and/or third parties under or related to the delivery of goods and services whether in contract, warranty, condition, delict, strict liability, statute, or otherwise, shall be limited to the sum paid to Workshop17 by its insurance.
11. DISPUTE RESOLUTION
11.1. The Parties recognise and agree that any dispute between them should be resolved as expeditiously as possible. The dispute shall be finally resolved in the city of the home location in English, in accordance with the Arbitration Foundation of Southern Africa ("AFSA") Rules for Expedited Arbitrations or, if AFSA has ceased to exist, the Arbitration Act, No 42 of 1965. The arbitrator shall be appointed by AFSA.
11.2. Nothing herein contained shall be deemed to prevent or prohibit a party to this agreement from access to an appropriate court of law for -
11.3. interim or urgent relief in form of an interdict mandamus or order for specific performance pending the outcome of an arbitration in terms of this clause or in respect of such an arbitration; 11.4. any other form of relief on the basis of facts which are not disputed;
11.5. payment of any amount due in terms of this Agreement; or
11.6. an order for payment of a liquidated amount in money on the basis of facts which are not bona fide in dispute at the commencement of such proceedings.
11.7. The Parties agree that the arbitrator’s award can be made an order of court at the election of either Party. The Party wishing to make the award an order of court shall bear the costs of same.
11.8. This provision will continue to be binding on the Parties notwithstanding any termination or cancellation of this agreement.
12. NOTICES
Any and all notices under these Terms will be given via email, and will be effective on the first Business Day after being sent to your designated email address either on the invoice or as designated in your membership services agreement. The designated party is the only person who may send or receive notice. All notices must be sent to Workshop17 via legal@workshop17.com.
13. GENERAL
13.1. You acknowledge that, in agreeing to these Terms, you do not do so on the basis of, and you do not rely on, any representation, warranty or other provisions except as expressly provided in these Terms or the member service agreement, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
13.2. Any agreement pursuant to these Terms is deemed to have been concluded in the Republic of South Africa and shall be governed by the laws of the Republic of South Africa.
13.3. If any provision in these Terms shall be or become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
13.4. You shall not be entitled to cede and/or delegate any or all of your rights and/or obligations under these Terms without our prior written consent. Workshop17 shall be entitled to cede and/or assign and/or delegate any or all of its rights and/or obligations under these Terms without your prior written consent.