Terms and Conditions

TERMS AND CONDITIONS OF USE

 

GENERAL:

The following terms and conditions (“Terms of Use”) govern the use of the website (the “Site”), and any related services (together with the Site and the “Service”) made available by Offyish, which is a Web Based Platform wholly owned and controlled by BluEarth (Pty) Ltd. (“us, “we,” or “Offyish”). By accessing, using or participating in the Service, you (“you” or the “User”) agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH LANDLORDS (DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (DEFINED BELOW), AND CLIENTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE LANDLORDS. YOU UNDERSTAND AND AGREE THAT OFFYISH IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDLORDS AND CLIENTS, NOR IS OFFYISH A REAL ESTATE BROKER, AGENT OR INSURER, EVEN IF CLIENTS AND LANDLORDS USE THE SPACE LICENSE AGREEMENT (AS DEFINED BELOW) FOR THEIR AGREEMENT. OFFYISH HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, CLIENTS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE OR THE SPACE LICENSE AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.

These Terms of Use include an indemnification by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.

 

  1. Accounts; Registration Data; Account Security;
    In order to reserve or otherwise schedule time in a workspace (a “Space”) from another User through the Service, or to offer for booking or otherwise make available your Space to another User through the Service, you must register for a User account. In these Terms of Use, Users that reserve or otherwise schedule time in a Space on the Service are referred to as “Clients” and Users that offer for booking or otherwise make available their Space through the Service are referred to as “Landlords”. In these Terms of Use, Users with Tenant accounts will be referred to as “Tenants.” A User may be a Client, a Landlord and/or a Tenant, and may register for both a User account and a Tenant account.

In connection with registering for, using or participating in the Service (whether as a Client, Landlord and/or Tenant), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Offyish (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Offyish, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

1.1       Landlord(s)
Use of the Service by Landlords is also governed by our Landlord Terms located at (URL) (the “Landlord Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a Landlord, you are consenting to the terms of the Landlord Terms as well.

1.2       Tenant(s)
Use of the Service by Tenants is also governed by our Tenant Terms located at (URL) (the “Tenant Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a Tenant, you are consenting to the terms of the Tenant Terms as well.

1.2.1    Transactions Between Clients, Landlords and Tenants on the Offyish Platform
You acknowledge that the Service is a forum to allow anyone to find, schedule time in, reserve, book, offer to book, and make available Spaces. Your transactions, communications and interactions with any other Users (including any interactions between a Client and a Landlord or between a Tenant and a Client), including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions.

1.2.2    You acknowledge that Offyish does not itself own or operate any Spaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or control any Spaces, and Offyish does not act as an agent or broker for any Landlord or any Client.

1.2.3    Instead, Offyish provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, and the Service to allow Clients, Landlords and Tenants to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent if elected to do so by the Landlord under the terms of the section heading “Payment,” below.

1.2.4    Offyish is not party to transactions or communications between Clients, Landlord and Tenants, other than to the limited extent set out in these Terms of Use. In addition, Offyish does not screen Landlords, Clients or Tenants, or the Spaces themselves – each Landlord is solely responsible for screening and assessing any Clients it is considering granting access to its Space, and each Client is solely responsible for assessing the suitability of any Space it is considering using. Offyish has no control over the quality, suitability or availability of any Space, or over the reliability, integrity or conduct of any Landlord, Client or Tenant.

1.2.5    Notwithstanding these Terms of Use or the Landlord Terms, to the extent that Offyish offers Space through the Service as a Landlord, it is subject to the terms applicable to Landlords.

 

  1. Agreements Between Clients and Landlords
    By completing a booking for a Space via the Service, each Client acknowledges and agrees that it is entering into an agreement directly with the applicable Landlord, the terms of which are located at:

    • for Hourly Bookings:https://offyish.com/hourly-bookings/ (or)
    • for Daily Bookings: https://offyish.com/daily-bookings/ or)
    • for Monthly Bookings: https://offyish.com/monthly-bookings/.

and which include any and all additional terms, conditions and policies provided by the Landlord relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Landlord (the “House Rules” and, together with the Hourly Space License Agreement or Daily Space License Agreement or the Monthly Space License Agreement, as applicable, the “Space License Agreement”).

2.3       The following terms in the Space License Agreement shall be defined for the applicable booking in accordance with the Registration Data and Profile for the applicable Space, Client and Landlord.

 

  1. For Hourly Bookings:

 

  • the “Agreement Time” shall mean the date and time the appointment is booked through the Service;

 

  • the “Landlord” shall mean the Landlord and the Landlord’s email and address shall have the values set by the Landlord in the Landlord’s Profile as of the Agreement Time

 

  • the “Client” shall mean the Client and the Client’s email and address shall have the values set by the Client in the Client’s Profile as of the Agreement Time;

 

  • the “Space” shall be the Space the Client reserves by booking a booking through the Service;

 

  • the “Maximum Occupancy” shall be the value set by the Landlord in the Profile for the Space as of the Agreement Time;

 

  • the “Building” shall be the Building in which the Space is located as set by the Landlord in the Profile for the Space as of the Agreement Time;

 

  • the “Term” shall be the term of the booking specified by the Client and authorized by the Landlord;

 

  • the “Fees” shall be the Fees set by the Landlord for the Space including the “Hourly Charge” as set by the Landlord in the Profile for the Space as of the Agreement Time;

 

 

 

3A. For Daily Bookings:

 

3A.1     the “Agreement Date” shall mean the date the booking is booked through the Service;

 

3A.2     the “Cancellation Terms” shall mean Flexible Cancellation Terms as selected for the Space by the Landlord as of the Agreement Date;

 

3A.3     the “Landlord” shall mean the Landlord and the Landlord’s email and address shall have the values set by the Landlord in the Landlord’s Profile as of the as of the Agreement Date;

 

3A.4     the “Client” shall mean the Client and the Client’s email and address shall have the values set by the Client in the Client’s Profile as of the as of the Agreement Date;

 

3A.5     the “Space” shall be the Space the Client reserves by booking a booking through the Service;

 

3A.6     the “Maximum Occupancy” shall be the value set by the Landlord in the Profile for the Space as of the Agreement Date;

 

3A.7     the “Building” shall be the Building in which the Space is located as set by the Landlord in the Profile for the Space as of the Agreement Date;

 

3A.8     the “Term” shall mean the period of time beginning on the Start Date and ending on the later of the End Date, if specified, or the Minimum Term number of hours after the Start Date of the booking specified by the Client and authorized by the Landlord;

 

3A.9     the “Fees” shall be the Fees set by the Landlord for the Space including the “Monthly Charge” and the “Setup Fee” as set by the Landlord in the Profile for the Space as of the Agreement Date;

 

3A.10   the “Deposit” shall be equal to the Daily Charge for one month unless otherwise specified in the House Rules by the Landlord as of the Agreement Time;

 

 

  1. For Monthly Bookings:

 

  • the “Agreement Date” shall mean the date the booking is booked through the Service;

 

  • the “Cancellation Terms” shall mean Flexible Cancellation Terms as selected for the Space by the Landlord as of the Agreement Date;

 

  • the “Landlord” shall mean the Landlord and the Landlord’s email and address shall have the values set by the Landlord in the Landlord’s Profile as of the as of the Agreement Date;

 

  • the “Client” shall mean the Client and the Client’s email and address shall have the values set by the Client in the Client’s Profile as of the as of the Agreement Date;

 

  • the “Space” shall be the Space the Client reserves by booking a booking through the Service;

 

  • the “Maximum Occupancy” shall be the value set by the Landlord in the Profile for the Space as of the Agreement Date;

 

  • the “Building” shall be the Building in which the Space is located as set by the Landlord in the Profile for the Space as of the Agreement Date;

 

  • the “Term” shall mean the period of time beginning on the Start Date and ending on the later of the End Date, if specified, or the Minimum Term number of months after the Start Date of the booking specified by the Client and authorized by the Landlord;

 

  • the “Fees” shall be the Fees set by the Landlord for the Space including the “Monthly Charge” and the “Setup Fee” as set by the Landlord in the Profile for the Space as of the Agreement Date;

 

  • the “Deposit” shall be equal to the Monthly Charge for one month unless otherwise specified in the House Rules by the Landlord as of the Agreement Time;

 

4A. Cancellation Procedure

 

4A.1           In the event that the Client and/or Tenant wishes to terminate his Booking Agreement with the Client and without derogating from the Client’s claim for damages that may arise, the Tenant shall be obliged to follow the procedure as set out below;

Hourly Booking

4A.1.1The Tenant shall provide the Client with a minimum of 30- minute notice before the scheduled booking starts of its cancellation;

4A.1.2  The Tenant shall forfeit its Hourly Charge for the property

4A.1.2The Termination Notice must be sent to support@offyish.com.

Daily Booking

 

4A.1.3  The Tenant shall provide the client with a minimum of 1 days notice before the scheduled booking starts of its notice of cancellation.

4A1.4   The Tenant shall forfeit its daily Charge for the property;

4A1.5   The Termination Notice must be sent to support@offyish.com.

 

Monthly Booking

 

4A.1.3  The Tenant shall provide the client with a minimum of 15 days notice before the scheduled booking starts of its notice of cancellation.

4A1.4   The Tenant shall forfeit its Monthly Charge for the property, unless the Client is able to obtain a suitable tenant during the time period booked by the Tenant, then the Tenant shall only be liable for the pro-rata duration that the property is unoccupied;

4A1.5   The Termination Notice must be sent to support@offyish.com.

 

  1. In the event of any conflict between the Space License Agreement and these Terms of Use, these Terms of Use shall be use as the primary document to govern any dispute.

5.1 While Offyish is not a party to the Space License Agreement between a Client and a Landlord, a Client’s use of the Service is dependent upon such Client’s compliance with the Space License Agreement. Consequently, as a Client, you agree to abide by, and cause your employees, agents, Clients, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Hourly Space License Agreement or the Monthly Space License Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Client as a part of completing a booking establishes an agreement directly between the Client and the applicable Landlord. The Landlords, not Offyish, are solely responsible for honouring any confirmed bookings and making available any Spaces reserved through the Service. Clients, and not Offyish, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. Offyish is not a party to those agreements, and Offyish disclaims all liability arising from or related to any such agreements.

5.2 Offyish may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFYISH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. OFFYISH DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY LANDLORDS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY INDEMNIFY OFFYISH FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.

 

  1. Payment

 

6.1  You agree to the fees and charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service, including any applicable Fees (defined below) and Service Charges (defined below). All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use. Offyish may change the fees and charges for the Service at any time. Further in its sole discretion reserves the right to change the fees charged without notice to yourself.

6.2 If you are a Client and you are duly authorized to book the Space, when you complete a booking for a Space on the Service, you agree to pay the applicable fee for using the Space as set forth in the offering for such Space (the “Fee”) based on the type of booking booked (i.e. Hourly Booking, Monthly Booking (each, defined below). The Fee for an Hourly Booking is the rate per hour of the booking and the Fee for a Monthly Booking is the rate for 30 consecutive days, subject to availability of the booking. “Hourly Bookings” are Bookings with duration of 60 minutes or less or less including. “Daily Bookings” are Bookings with a duration of 24 hours or less. “Monthly Bookings” are Bookings with a minimum duration of 30 consecutive days, including Bookings that automatically renew on a month-to-month basis, depending on whether the tenant selects the option of an automatic renewal.

 

6.3 You will be billed the Fee through one of the two following options, as determined by the Landlord:

(1) Offyish will ask for your credit card information and billing address or other payment information, and Offyish will process your Fee payment on behalf of the Landlord (the “Offyish Billing Option”), or

(2) the Landlord will bill you directly for the Fee, and the Landlord will process your Fee payment directly (the “Landlord Billing Option”). Under the Offyish Billing Option, Offyish is acting as the Landlord’s limited payment collection agent, and the Fee paid through this option shall be considered the same as a payment made directly to the Landlord.

6.4 The amount and timing of the Fee payments processed by Offyish on behalf of the Landlord is based on the type of booking booked. For Hourly Bookings booked under the Offyish Billing Option, Offyish will process payment for such Bookings 24 hours before the booking starts. For Hourly Bookings, you will be charged the Fee for the total number of hours booked including any taxes as set forth in the offering for the Space (the “Hourly Booking Payment”). Any changes you make to your booking after it is made may result in an adjustment to the Hourly Booking Payment for the booking subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked for your booking, the applicable Landlord may adjust the Hourly Booking Payment for your booking based on your actual use of the Space.

6.4.1    If you believe a change to your Hourly Booking Payment made by a Landlord was in error, you may request a refund by providing notice to Offyish through the Service. Offyish may provide you a refund at Offyish’s sole discretion.

6.5 Monthly Bookings may only be booked under the Offyish Billing Option and require a minimum length of one calendar month. For Monthly Bookings, Offyish will process the initial payment for such Bookings within 24 hours after you complete your booking on the Service. For Monthly Bookings, the initial payment will be equal to

(1) the Setup Charge (as defined in the Space License Agreement),

(2) (i) the Fee for the first full calendar month of the booking (if you start your booking on the first calendar day of the month), or (ii) a pro-rated portion of the Fee for the first partial month of the booking (if you start your booking after the first calendar day of the month), and

(3) any applicable taxes. In addition, Offyish will also process an additional amount equal to the Fee for a full calendar month (the “Deposit”).Renewals of Monthly Bookings, if any, shall be in accordance with the Space License Agreement.

 

6.6       The Tenant agrees that any deposit amount requested shall be inflated by a maximum of 2.5% for the cumulative amount or in accordance with the rate charged to Offyish by its account provider from time to time in accordance with facilitating the transaction between the parties.

 

  1. Cancellation Terms

Cancellations of any Space License Agreement(s) shall be governed by the terms and conditions of the Space License Agreement (the “Cancellation Terms”).

 

  1. Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://offyish.com/privacy-policy/ (the “Privacy Policy”). By using the Service, you are consenting to the terms of the Privacy Policy.

 

  1. Proprietary Rights in Site Content; Limited License

9.1       All content on the Site and otherwise available through the Service, including User Content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Offyish, its Users or its licensors. No Site Content, including these terms and conditions may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access

(a) solely for the User’s personal, non-commercial use, or

(b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that the User maintains all copyright or other proprietary notices on all copies of such Site Content.

 

  1. User Content Posted on the Service

10.1     You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Landlord, your Space (a “Profile”). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Landlord, your Space, that you upload or otherwise provide to Offyish for use in your Profile (collectively the “Profile Content”). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.

10.2     You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that you upload, publish, display or otherwise provide to Offyish for display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, “User Content”). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post.

10.3     You understand and agree that Offyish may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that Offyish believes violates these Terms of Use. Offyish has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Offyish.

10.4     Offyish does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Landlords or Tenants, and makes no representations or warranties with respect to any User Content.

10.5     When you post User Content to the Site, you grant to Offyish an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.

 

  1. Trademarks

“Offyish” is a registered trademark of “Offyish” together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Offyish in the U.S. and other countries (“Offyish Marks”). You may not use the Offyish Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Offyish endorses any product or service. You may not reproduce or use the Offyish Marks without the prior written permission of Offyish.

 

  1. User Conduct

12.1   You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.

12.1.1  use automated scripts to collect information from or otherwise interact with the Service;

12.1.2  use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service;

12.1.3  impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Offyish;

12.1.4  upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain l       etters,” “pyramid schemes,” or any other prohibited form of solicitation;

12.1.5  upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

12.1.6  interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

12.1.7  intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, veteran status, disability, sexual orientation, gender identity or expression, age or any other characteristic protected by applicable law;

12.1.8  upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;

12.1.9  upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

12.1.10  upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;

12.1.11  use or attempt to use another’s account, service or system without authorization from Offyish, or create a false identity on the Service;

12.1.12  use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;

12.1.13  upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

And/or
upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Offyish, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Offyish or its users to any harm or liability of any type.

 

  1. No High Risk Use

13.1     You may not use the Space other than;

13.1.1  As agreed to between the parties;

13.1.2  the intended purpose for the building/property;

13.1.3  in accordance with the zoning of the property

 

 

  1. Additional Representations and Warranties

14.1    In addition to any other representations and warranties in these Terms of Use,     you represent and warrant that:

14.1.1  the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain, defamatory or otherwise unlawful material, and (iii) is truthful and accurate.

  1. Third Party Websites and Content

15.1.    The Site may contain (or you may be sent through the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”).

15.2     Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.

15.3     Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Offyish. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

15.4     You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

 

  1. Eligibility

This Service is intended solely for users who are 18 years of age or older, alternatively a duly authorised representative of a limited liability company, close corporation, public entity, state and government entity.

 

  1. Usage License

17.1     You may not derive or attempt to derive the source code of all or any portion of the Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

17.2     Offyish owns and shall retain all intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto.

  1. Disclaimers

18.1     Offyish is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or Client information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content.

18.2     Offyish is not responsible for the conduct, whether online or offline, of any User, including any Client’s non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Offyish shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Offyish be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.

18.3     OFFYISH PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO LANDLORDS, CLIENTS AND TENANTS “AS IS,” AND, EXCEPT AS PROVIDED HEREIN, AND OFFYISH AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

18.4     OFFYISH CANNOT GUARANTEE AND DOES NOT PROMISE TO LANDLORDS, CLIENTS AND TENANTS, AND LANDLORDS AND TENANTS CANNOT GUARANTEE AND DO NOT PROMISE TO CLIENTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, OFFYISH DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OFFYISH DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE BOOKING OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND OFFYISH DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.q           a

 

  1. Limitation on Liability

19.1     IN NO EVENT WILL OFFYISH OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A CLIENT’S USE OF A SPACE, EVEN IF OFFYISH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OFFYISH BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A CLIENT AND A LANDLORD OR BETWEEN A TENANT ON THE ONE HAND AND A CLIENT OR LANDLORD ON THE OTHER HAND. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFYISH’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OFFYISH FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

  1. Termination

20.1     Offyish may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that;

  • you violate these Terms of Use, the Space License Agreement (including any applicable House Rules) or violate any other rules that govern the use of the Service,

 

  • your conduct may harm Offyish or others or cause Offyish or others to incur liability,

 

  • you receive negative feedback from other Users, or

 

  • (iv) as otherwise determined by Offyish in its sole discretion. If we terminate or suspend your account or ability to use the Service,

 

 

  1. any pending or accepted future Bookings as either Client or Landlord will be immediately terminated;

 

  1. for Landlords, we may refund your Clients in full for any and all confirmed Bookings;

 

 

  1. you will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension or termination of your account;

 

20.2     Offyish may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Offyish.

20.3     You may terminate your Offyish account at any time by providing Offyish with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Offyish at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Offyish will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Landlord and your Collections, on or through the Service.

 

  1. Governing Law

 

The parties specifically agree that the law of the Republic of South Africa shall be applicable in relation to any interpretation and/or dispute that may arise in relation to this agreement.

 

  1. Indemnity

You agree to indemnify and hold Offyish harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, and any violation of these Terms of Use, the Space License Agreement, the Landlord Terms, the Tenant Terms or of any law or the rights of any third party.

  1. Miscellaneous

These Terms of Use, the Landlord Terms, the Tenant Terms and the Privacy Policy constitute the entire agreement between you and Offyish regarding the use of the Service and supersede any prior agreements between you and Offyish relating to your use of the Service. The failure of Offyish to exercise or enforce any right or provision of these Terms of Use, the Landlord Terms or the Tenant Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use, the Landlord Terms or the Tenant Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use, the Landlord Terms or the Tenant Terms or the rights and obligations hereunder or thereunder to any third party.

 

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