a. These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Host” or the “Renter”) and GetStorage (Pty) Ltd (“Wahi”), whose company registration number is 2016 / 053983 / 07 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
b. By clicking “CREATE ACCOUNT”, you register as a user of Wahi (“User”) and you enter a legally binding agreement with Wahi on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website.
c. Wahi reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
• Host: the person advertising via the Website and providing a Space in order for the Renter to store their items
• Space: the physical space at the Hosts’ address in which items are stored under a Contract
• Renter: the person paying the Total Fee and utilising a Space to store items belonging to them or under their possession
• Listing: an advertisement or post on the Website offering a Space for the storage of goods
• Contract: Agreement between a Host and a Renter to utilise a Space for the storage of goods for a Total Fee
• Stored Goods: The goods and items to be stored under a Contract
• Total Fee: Consists of the aggregate of Wahi Rent and Wahi Commission
• Wahi Rent: The Listing price applied by a Host for the use of a storage Space
• Wahi Commission: Fee paid to Wahi calculated as 15% (excluding VAT) of the Wahi Rent.
• Host Contribution: Contribution deducted from Wahi Rent calculated as 2.5% (excluding VAT) of the Wahi Rent.
• Prohibited Goods: The following items may not be stored through a Contract under any circumstances: Jewellery; toxic, polluted or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; highly flammable or hazardous goods; living plants or animals; food or perishable goods (unless frozen food to be stored in a deep freezer); anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour; cash and securities; illegal goods; waste; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space
• Payment Manager: https://www.payfast.co.za/what-is-payfast
a. Purpose of site: Wahi makes available a platform or marketplace with related technology for Renters and Hosts to list, quote and arrange for bookings of storage, parking or other available space (“Contract”). The Company is not a rental agent or property broker. Wahi acts as an intermediary for members to transact and is not considered a party to the Contract between the Host and the Renter.
b. We reserve the right to close your account or to remove or disable access to any Listing for any reason, including Listings that Wahi, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
c. Wahi does not recommend or endorse any User, Host, Renter or Listing.
d. These Terms and Conditions and the Parties (Hosts and Renters) shall be governed and interpreted in accordance with South African law and the Parties hereto submit irrevocably to the exclusive jurisdiction of the Western Cape High Court in respect of any claim, dispute or difference arising out of or in connection with these Terms and Conditions.
a. Registration with the Website requires the User to either log in via Facebook or supply your name, an email address and a password. Once registered, your username, email address and password constitute the “Registration Details” of your User account.
b. When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
c. Each Listing by a Host is an offer to enter a legally binding Contract with a Renter. If the Renter indicates through the website that the proposed terms of the Listing are accepted, the Host will receive by email the booking request, to which he must respond within 48 hours. In the absence of response, the request is considered rejected. If he accepts the reservation, the Contract is confirmed and the Fee is taken from the Renter.
a. To create a Listing, the Host must describe the Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. The Host will also disclose to the Company the price he wishes to charge for storage (the “Wahi Rent”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Space becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
b. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.
c. The Host can provide 2 types of access for any Listing – a) Full Private Access, thus giving permanent access to the Renter and b) Partial Access, with access to Listing provided upon giving notice to and being chaperoned by the Host.
d. Where Full Private Access is provided, the Renter is responsible for all damage to the storage space that would be caused by the objects stored or by any negligent act or omission of the Renter and agrees to pay reasonable compensation in the unlikely event of damage to the Space caused. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Space or part thereof is damaged beyond repair.
e. Where Partial Access is provided the Host is responsible for the restitution of goods stored and inventoried in the state they were in at the time of storage. The Host has the obligation to inform without delay the Renter for any loss, damage or theft he would have found on the deposited assets. The Host in this case is responsible for the restitution of the deposited property in the condition they were at the day of delivery.
f. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Total Fees directly to Host with a cheque, cash, or any payment method other than by payment through Wahi.
a. By entering into a Contract with a Host you warrant and represent that you are not seeking storage of Prohibited Goods and will not use the Space for any unlawful purpose other than for the storage of personal property and will not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises.
b. The Renter undertakes to pay the Total Fee promptly, fully and in good faith and using the online Payment Manager upon confirmation of the Contract with the Host.
c. The Renter will comply with the access and security arrangements in the Contract or as otherwise agreed, and keep safe any keys or other items used to access the Space.
d. Vacation of Space: At or before the end of the booking period of the Contract or upon terminating the Contract in keeping with the terms of Clause 8, the Renter must vacate the Space completely. The Renter must remove all contents and debris and leave the Space in good “broom clean” condition.
e. Pursuant with Clause 8 of these Terms and Conditions, the Renter will remove the Stored Goods from the Space upon request by the Host, provided that the Host gives at least four weeks’ notice in writing of such request.
a. Upon acceptance of a Contract between a Host and a Renter, Wahi will collect Total Fees from the Renter. All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.
b. Total Fees consist of the aggregate of the Wahi Rent and Wahi Commission. The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager and/or Wahi will then initiate payment of Wahi Rent less the Host Contribution to the Host within ten (10) days of the Contract acceptance.
c. Wahi will collect from the Renter the first month of Total Fees at the time of booking confirmation. If the rental period is extended, Renters will be charged monthly Total Fees on a recurring basis. In that instance Wahi will collect Total Fees and initiate payment of Wahi Rent to the Host within ten (10) days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Wahi, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments. Where a contract has been extended, Wahi will continue to collect Total Fees on a monthly recurring basis until the Renter or Host provides notice of termination of the lease under Clause 8.
a. Either User (Host or Renter) may cancel the Contract without penalty within seven (7) days of acceptance by providing notice in writing or through the Website (“Cooling Off Period”) provided the Contract has not commenced. If either party seeks to cancel or amend the Contract outside of the Cooling Off Period, that party must provide four (4) weeks’ notice in writing and the conditions of Clauses 8c - d apply.
b. If, as a Renter, you cancel your requested booking inside the Cooling Off Period, Wahi will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking. If, as a Host you cancel the requested booking inside the Cooling Off Period, you will not be entitled to receive any Wahi Rental payments, and you must immediately repay any monies received in advance as consideration of the Contract being completed.
c. If, as a Renter, you wish to cancel or terminate the Contract outside of the Cooling Off Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Host and through the Website of your intention to cancel or terminate the Contract, and pay Total Fees for the whole Notice Period, regardless of whether you have vacated or removed your Stored Goods in that period. The Host will receive the Wahi Rent for the whole Notice Period.
d. If, as a Host, you wish to cancel the Contract outside of the Cooling Off Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Renter and through the Website of your intention to cancel the Contract. By cancelling the Contract, you acknowledge that you are breaking the terms of the Contract, agree to continue to store the Stored Goods for the Notice Period (if already located in the Space) and forfeit the Wahi Rent payable to you for the period of the Notice Period. Wahi may, at its absolute discretion, refund part or all of the Wahi Rent paid by the Renter for the Notice Period.
e. Clause 8c and 8d do not apply where the Contract is terminated due to non-payment of fees, or a party is in breach of its obligations under these Terms and Conditions or the Contract.
f. Termination conditions: If, as a Host, you have reasonable suspicion that a Renter is storing Prohibited Goods or is in breach of these Terms and Conditions, you have the right to immediately terminate the Contract and to ask the Renter to remove the items from the Host’s premises. The Host shall provide reasonable notice and opportunity for the Renter to cure such breach or otherwise remove such items. The Host may also take steps to inform law enforcement authorities and take actions to remove the items from their property.
g. Termination conditions: If the Renter does not pay the Total Fees, Wahi or the Host may, upon giving fourteen (14) days to remedy the non-payment of fees immediately terminate the Contract and may:
i. Deny the Renter access to the Space or Host's property until the default is cured;
ii. Give the Renter three (3) days' notice to vacate; and
iii. Collect charges as appropriate and exercise any other remedy allowed by law until the outstanding fees have been paid in full.
h. Stored Goods are stored by the Host as bailee. If the Renter does not remove such items upon reasonable notice, or the Renter fails to reclaim Stored Goods upon expiry of the Contract (“Abandoned Goods”) such items may be removed by Host and shall be subject to forfeiture by Renter. A Host is entitled to sell or dispose of Abandoned Goods where:
i. the Host first notifies Wahi with full particulars of the Stored Goods;
ii. the Host follows all reasonable directions of Wahi;
iii. having regard to the circumstances of the default or abandonment, Wahi will, at our absolute discretion, direct the Host to remit or retain any remaining proceeds of sale.
a. The Host is responsible for the Space and is expected to hold comprehensive property and contents insurance on the property on which the Space is located. Wahi recommends that the Host inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract. Wahi recommends that the Renter inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract.
b. Wahi is in the process of arranging a solution that will give Users the option to take out additional insurance to provide specific cover against:
i. Property Damage for Hosts Homes
ii. Contingent Property Damage suffered by Renters
c. This is a work in progress and Wahi will inform Users when this option is available to them.
a. The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
b. Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
c. The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
d. All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
e. When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
a. All Users must treat all information available and otherwise provided through the Wahi Website as strictly confidential, and may only use that information for the purpose of organising the storage of goods through Wahi.
b. Confidential Information expressly includes contact details of each User, address for storage of goods, and information about any goods in storage and does not include any information already in the public domain, or independently known to the User.
We are committed to protecting your privacy. All information, including your Personal Information, gathered on the Wahi Platform will not be used by us for anything other than that which is stated in these Terms. You agree to give honest, accurate and up-to-date information about yourself to us and to maintain and update such information when necessary. You acknowledge that any Personal Information supplied to us by you during your use of the Wahi Platform is provided voluntarily.
The information that we collect
The primary ways in which we collect Personal Information about you are as follows:
• when information about you is submitted to us by way of one or more of the submission interfaces available on the Wahi Platform; and
• when you use the Wahi Platform, our system automatically collects information relating to your use (see "Cookie Tracking" below).
We may collect and process the following kinds of Personal Information:
• information about your computer and/or any other device on which you access the Wahi Platform and information about your visits to and use of the Wahi Platform (including, for example, your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation);
• information that you provide to us in making any Submission to the Wahi Platform by way of one or more of the submission interfaces available on the Wahi Platform (including without limitation your name, your telephone numbers, your physical and postal addresses, your company information and your email address); and
• any other information that you choose to submit to us.
You warrant that you have the legal authority, permissions and/or consents to provide the information submitted to us by you. You warrant further that we shall be entitled to process any information that we obtain about you in terms of this policy without seeking any further permissions or consents from you and/or any third parties.
You undertake to notify us in writing of any information provided by you that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted ("Defective information"). Upon receiving such written notification, we shall correct or delete the Defective Information. You accept that we cannot be held responsible for using Defective Information where we are not aware of the nature and extent of the defects in such information.
We may disclose information about you to the Studios or to any of our employees, consultants, officers, agents, suppliers, service providers or subcontractors insofar as this is reasonably necessary for the purposes set out in these Terms and/or on the Wahi Platform itself.
In addition, we may disclose and/or retain your Personal Information:
• to the extent that we are required or permitted to do so by law. In this regard, please note that it is our policy to co-operate with relevant authorities in relation to law enforcement inquiries. We can (and you authorise us to) disclose any information about you to such authorities as we, in our sole discretion, believe necessary or appropriate, in connection with the investigation of any activity that is illegal or which may expose us or you to legal liability;
• in connection with any legal proceedings or prospective legal proceedings;
• in order to establish, exercise or defend our legal rights (including but not limited to providing information to others for the purposes of fraud prevention and reducing credit risk);
• in the course of our business and commercial activities; and
• to protect the rights, property or personal safety of another Wahi Platform user, any member of the public, the Studios and other attendees at the Studios, or any shareholder, director, employee, agent or representative of us.
You may not disclose personally identifiable information about another user to any third party without our consent and the consent of such other user, after adequate disclosure, except as expressly permitted in these Terms.
The Platform may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Platform and understanding how visitors use the Platform. Cookies can also help customise the Platform for visitors. Personal Information cannot be collected using cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
Aggregate cookie and tracking information may be shared with third parties.
Security of your Personal Information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your Personal Information.
We will store all the Personal Information you provide on our secure (password- and firewall- protected) servers.
Despite what has been stated above, the internet is not a secure medium and privacy cannot be ensured. We will not be responsible for any damages you or any third party may suffer as a result of any unauthorised interception of the Wahi Platform.
You may instruct us to provide you with a description and/or record of any Personal Information we hold about you upon receipt of a written request from you to this effect. Provision of such information will be subject to:
• the payment of a reasonable administrative fee determined by us; and
• the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your identity book or passport certified by an attorney/solicitor or a bank, plus an original copy of a utility bill showing your current physical address).
We may withhold such Personal Information to the extent permitted by law.
We reserve the right to retain on our records information you have requested be removed from our active databases for certain purposes, such as to resolve disputes and enforce our Terms. Please also note that information submitted to us by you may in some instances never be completely removed from our databases due to technical and legal constraints. You should therefore not expect that all of your Personal Information will be completely removed from our databases in response to any request you may submit.
a. Wahi provides the Website and its Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
b. The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:
i. as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
ii. of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or
iii. that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
c. All Contracts between Users are carried out entirely at your own risk. The Company and its officers, directors, investors and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. You rely on information provided by other Users at your own risk. The Company does not, control, inspect, endorse, approve or check the availability, condition or nature of advertised space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Contract.
d. You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions.
a. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Wahi cannot and does not offer Tax-related advice to any Users.
a. Refer to PayFast terms of service on the PayFast website: https://www.payfast.co.za/end-user-agreement