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1. Introduction 1.1. This website is owned and operated by Popping Space (Pty) Ltd t/a (“Popping”, “we”, “us”, “our”). The use of www.popping.co.za (“the Website”), and/or responding to rental service requests, and/or requesting rental services, and/or Submission of Rental request are subject to the following terms and conditions (“the Terms of Use”).

1.2. These Terms of Use are binding and enforceable against every person that accesses or uses this Website. By using the Website and/or by registering as a user, you acknowledge that you have read and agree to be bound by these Terms of Use.

1.3. Please read these Terms of Use carefully – they constitute a fully binding agreement between you and Popping. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.

1.4. These Terms of Use contain provisions which:

1.4.1. limit the risk or liability of Popping;

1.4.2. create risk or liability for you;

1.4.3. compel you to indemnify Popping or a third party; and/or

1.4.4. serves as an acknowledgement, by you, of a fact.

1.5. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask a Popping representative to explain it to you before you continue using the Website.

1.6. Popping is a web-based communication platform that offers information and an online platform for Customers to request and book Rental services, offered by third-party Poperty management partners (the “Service”). Popping is not a Retail Property Management company, nor do we provide vacant retail and/or Rental services.

1.7. “Customers” are individuals, brands and/or businesses seeking to obtain adhoc Rental services from Retail Property Management Partners and are therefore clients of the Landlord Partners. “Landlord Partners or Rental Partners” are individuals and/or businesses seeking to list their property to Customers. Customers and Landlord Partners together are hereinafter referred to as “Users”, “you” or “your”.

1.8. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Popping in terms of any applicable South African law.

2. Registration and use of the Website

2.1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.

2.2. If you are under the age of eighteen (18), or lack legal capacity, then you may only use this Website with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.

2.3. Any rental request or offering on the Website may only be validly concluded between Popping and Users residing in South Africa. Should the User reside outside South Africa, he or she may not validly request a Rental, or offer a rental service, via the Website.

2.4. In order to request and book rental space, or to register as a third-party Rental Partner on the Website, you are required to register and provide certain information and a unique password to Popping – any personal information processed will be in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

2.5. You agree and warrant that you will not disclose your username and password to any third-party and that it is only for personal use.

2.6. You agree to notify Popping immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3. The Service

3.1. User send and a customer requests for rental services through the Website, which Popping may accept or reject. Registered third-party Rental Partners send vacant space information to Popping. Customers book their rental space by viewing their pricing, location and retail floor space to select the best price and/or most suitable location.

3.2. Customers contract for rental services directly with Rental Partners. Popping does its best to put together two relevant parties in order to transact in relation to book and/or rent services.

3.3. Popping will make reasonable efforts to bring Customers into contact with relevant Rental Partners in order to transact, but does not warrant any specific outcome, and Users agree that their use of the Service and this Website is at their own risk.

3.4. A rental booking on the Website does not constitute an agreement. An agreement is concluded between the Customer and Popping when a booking has been accepted by the rental partner, payment has been made to Popping, and an official email with the Rental Partners contact details have been provided to the Customer by Popping.

3.5. In the event a booking needs to be rejected, Popping will indicate the rejection of the booking by cancelling it and, as soon as possible thereafter, refunding the Customer for any amount paid.

4. Collection and Rental

4.1. For logistic and security reasons, and in a bid to prevent bank fraud, the billing address, location and retail address of any rental booking must be located within South Africa.

4.2. Upon confirmation of a booking, the Rental Partners contact details and a confirmation email will be provided to the Customer to enable the latter to contact and meet with the property management company to finalise the lease agreement.

4.3. Popping’s obligation is fulfilled once the official email with the Rental Partners contact details have been supplied to the Customer.

4.4. You can make telephonic contact with your Rental Partner on the contact number provided, at any time, after the booking has been completed.

4.5. You must ensure that the person indicated on your booking to provide the retail space (“the Manager”) is available to accept Rental of the retail space.

4.6. Your Rental Partner will not rent the retail space to any other person, unless such a person has been specifically mandated by you, in writing, to take rental of the property(s).

4.7. In order to complete the Rental, the Rental Partner may require the customer to sign a lease agreement.

4.8. As a Rental partner, you warrant that you will include the correct property address in all submissions, and in the event of an incorrect address or incorrect information, neither Popping nor the Customer will be liable or responsible for any loss or damages suffered.

4.9. The retail space(s) will be provided by the Rental Partner to the Customer. Subject to clause 3 above, where the Rental Partner accepts your booking, the Rental Partner will make every effort to provide the correct retail space(s) to you on the requested Rental date (“Rental Period”). However, Rental dates and times are estimates, and neither Popping or the Rental Partner will be liable for any delays in the occupation of the retail space.

4.10. Your Rental Partner will notify you if they are unable to provide the retail space during the Rental Period.

4.11. The Rental Partners obligation is fulfilled when the property has been handed over to the Customer for Rental. Neither Popping nor the Rental Partner, are responsible for any loss or damage after the property has been handed over to the Customer or nominated person by you.

5. Non-Bookable circumstances

5.1. Upon Booking of the Retail space, the Rental Partners will wait for a period of five (5) days for the customer to contact them for the retail space. In the event that the Customer does not contact the Rental partner for the retail space, Popping will contact the Rental Partner will make arrangements for the cancellation of the booking.

5.2. You agree that in the event that no contact is made, you will pay the cost of the cancellation charges and banking charges.

6. Force Majeure

6.1. In the event of a force majeure (act of God, such as a hijacking, robbery, flood, prolonged protest action etc.) then you agree that the Rental Period above will not apply, but the Rental Partner will undertake, as far as possible in the circumstances, to ensure the retail space is available to you.

7. Restricted Items

7.1. Rental Partners are not permitted to accept the following Pop-up Shops:

7.1.1. illegal items;

7.1.2. Dangerous items;

7.1.3. Stolen goods;

7.1.4. Any items for which you do not have permission to sell.

7.2. Rental Partners reserve the right to refuse to accept any booking in their sole discretion.

8. Customer Payments

8.1. The currency used to pay for rental services booked through the Website is South African Rand.

8.2. We are committed to ensuring you are able to pay for any service booked through the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for your booking via credit or debit card via PayFast.

8.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the booking. You also warrant that the payment method has sufficient available funds to cover the price of the rental service.

8.4. The payment method used by the Customer will be debited when the booking has been made and accepted by the Rental Partner.

8.5. Should the Customer’s payment provider reject the payment, the booking will not be processed and will be cancelled.

8.6. As part of measures taken to prevent fraud, the parties agree that Popping is entitled to transmit information regarding the booking and the Customer’s payment method to a third party for verification purposes.

8.7. In the event you have any queries regarding payment, you may contact us via the contact us tab on the website, or at hello@Popping.co.za

9. Rental Fees and Charges

9.1. Listing on popping.co.za is free for Rental Partners. Businesses are required to pay a non-refundable reservation fee of R150 for rental request and the required Booking fee upon acceptance of Reservation by our Rental Partner to rent the retail space.

9.2. Payment of Rental space must be made upon booking request, via EFT, for the date of the rental period.

9.3. In addition to 9.1, Popping charges Shopping Centre Rental Partners a percentage of 10% markup for a 1 booking per month, 5% commission for 3 bookings per month and 2,5% commission for 5 bookings or more per month for the booking of exhibition spaces of the daily booking fee. 

9.4. In addition to 9.3, Popping charges Business Space Rental Partners a percentage of 5% commission for shared space rental of the entire short-term lease agreement. 

9.5. Rental Partners will pay popping their percentage of the Rental fee 48-hours post a successful Rental. Payment will be made into the bank account provided in the confirmation email.

10. Cancellation of Booking

10.1. Prior to handing over of the retail space being rented, you may cancel a booking, at no cost, provided you do so a minimum of 48-hours in advance.

10.2. Upon arrival at the property address, the Rental Partners will wait 8 hours. If the contact person is not available after the 8 hour period the Rental Partner has waited, the Rental Partner will withdraw the acceptance and the booking will be deemed to be cancelled, and a cancellation fee of R150 (one hundred and fifty Rand) will automatically apply.

10.3. If your Rental Partner refuses to accept you due to the reason provided, a cancellation fee will automatically apply.

10.4. Popping will charge a cancellation fee of R150 (one hundred and fifty Rand) for all failed bookings that are due to the fault of the Customer or the customers representative.

11. Insurance

11.1. Popping does not provide insurance and/or insure the goods being hosted at the retail space and property damage. The Customer acknowledges that if insurance is required, then it is their responsibility to ensure their goods and property being provided is insured.

12. User Vetting

12.1. In Popping’s sole discretion, Users may be subject to an extensive vetting process before they can register with Popping, including but not limited to verification of identity, verification of physical address and verification of bank account.

12.2. Although Popping may perform identity checks, we are not required to do so and cannot confirm that each User is who they claim to be. Popping cannot and does not assume responsibility for the accuracy or reliability of identity checks and/or vetting information provided through the Popping website.

12.3. When interacting with other Users, you should exercise caution to protect your personal safety, data, and property, just as you would when interacting with another person who you don’t know.

13. Users Obligations and Acceptable Use

13.1. Users acknowledge and agree that they will fulfil the commitments made to other Users, including making payment through the chosen payment method, performing the transportation services agreed upon between the Customer and the Rental Partner, communicating clearly and promptly, being available telephonically between handover and Rental, and setting up the Pop-up shop within the agreed upon Rental Period.

13.2. Users acknowledge and agree that they will act professionally and responsibly in their interactions with other Users, and that they will act in accordance with any applicable laws.

13.3. Rental Partners further warrant that you will provide timely, high-quality services to your Customers, you will only offer and provide rental services for which you have the capability and you will provide the services safely and in accordance with all applicable laws.

13.4. Rental Partners must professionally perform the rental services booked by the Customer, sub-contracting is not permitted as all rental services must be performed by a Popping registered Rental Partner.

13.5. Users may not use the Popping platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Popping platform as set forth herein.

13.6. Users may not use the Popping platform or Popping services in violation of this Agreement.

13.7. Users may not attempt to circumvent the payments system or service fees in any way.

14. Rental Partner – Worker Classification

14.1. Popping is not an employment agency service or business, and we are not an employer of any Rental Partner. The parties expressly agree that no employment relationship will come into effect between Popping and the Rental Partner.

14.2. The terms of any laws, agreements or policies that regulate an employer and employee relationship will not apply between Popping and the Rental Partner.

14.3. Popping does not set Rental Partner working hours or location of retail space. Popping will not provide any equipment, tools, labour or materials needed for the rental services. Popping does not provide any supervision to Rental Partners.

14.4. The Rental Partner acknowledges that no PAYE, UIF or other SARS related deductions will be made by Popping, and the Rental Partner agrees that he/she will make any required payment to SARS.

14.5. Users do not have authority to enter into written or oral contracts, whether implied or express, on behalf of Popping.

15. Disclaimers, Warranties and Important Information

15.1. Rental Partners are independent contractors of Customers, and not employees, agents, partners, franchisees or independent contractors of Popping. Popping does not perform rental services and does not employ individuals to perform rental services. Customers hereby acknowledge that Popping does not supervise, direct or control Rental Partners performance and expressly disclaims any responsibility and liability for rental services performed in any manner.

15.2. Popping is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the rental services.

15.3. Popping disclaims all implied warranties, including but not limited to, warranties of suitability, reliability, timeliness, compatibility, security and accuracy.

15.4. Although Popping has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.

15.5. The use of the Service, and/or rental services, and/or Website in any form is entirely at the users’ own risk and the Website is provided ‘as is’.

15.6. Popping and the Rental Partners are not liable for any loss or damages whatsoever relating to your use of the Service, and/or rental services, and/or access of the Website including instances of loss caused by the negligence of the Rental Partner and/or Popping and/or its affiliates or representatives.

16. Indemnity

16.1. Users agree that the service is used at their own risk, and the quality of the rental services booked through the Website is entirely the responsibility of the Rental Partner who ultimately provides such rental services to you. Popping under no circumstances accepts liability in connection with and/or arising from the transportation services provided by the Rental Partner or any conduct and/or negligence on the part of the Rental Partner.

16.2. Under no circumstances will Popping, its affiliates, employees or representatives be liable for any loss or damages of any kind.

16.3. You agree to indemnify, defend and hold Popping, its affiliates and/or its directors, employees, agents, the Rental Partners, and contractors harmless from and against damage or loss that arises directly or indirectly out of or from

(i) your breach of these Terms of Use; and/or

(ii) your activities and/or conduct in connection with this Website.

17. Complaints

17.1. Popping will make all reasonable efforts to mediate any disputes between Customers and Rental Partners.

17.2. If you have any questions or complaints regarding these Terms of Use or have any queries or comments in relation to the Website or be unhappy with the level of service provided by the Rental Partner please contact us via our email hello@Popping.co.za and we will endeavor to respond to you promptly.

18. Termination

18.1. Popping may immediately terminate or limit your right to use the Popping platform in their sole discretion by providing you with e-mailed notice.

18.2. You may terminate this Agreement at any time by advising us of such, and by ceasing all use of the Popping platform.

19. General

19.1. Popping may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.

19.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties’ consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng, Johannesburg, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this Agreement shall, for purposes of jurisdiction, have been concluded at our head office at Randburg, Windsor West, Cresta.

19.3. Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

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Updated February 2021 v7