- All payments due by the Customer to Zaps Gaming will be made, without deduction or set-off, by means of a debit order on the Customer’s bank account.
- If the Customer changes banks, Zaps Gaming cedes this agreement or banking regulations change, the Customer agrees to sign a new debit order mandate.
- Payment will only be deemed to be made if the debit order is not returned.
- Should the debit order be returned as unpaid, the Customer agrees to pay daily rental charge as per Zaps Gaming terms and conditions of R35 per day until the game is returned, replaced or paid for.
- The computer accounts or a certificate signed by the financial manager of Zaps Gaming, whose appointment need not be proved, will be prima facie proof of all monies due by the Customer to Zaps Gaming.
- All amounts due will bear value added tax at the applicable rate
- Zaps Gaming May debit the Customer’s account with an administration fee of up to R50 if the debit order is returned unpaid.
- Games remains property of Zaps Gaming. Should the account fall into arrears, Zaps Gaming has the right, in its sole discretion, to trace the customers whereabouts and new contact details with any information or connected information at our disposal.
- The hire period (HP) shall commence when the Customer takes delivery of the game and shall end when Zaps Gaming accepts return of the games during its business hours, the HP shall be regarded as having endured until the Customer has returned in person.
- The HP shall terminate at the end of the month subscription and is due back on the last day of the subscription (1st day of the month). The customer may extend the HP onto the new month subscription by contacting Zaps Gaming telephonically on the day of the subscription renewal (1st day of the month). The customer agrees to pay any penalties if they do not notify Zaps Gaming of the renewal on the specified date
- The Customer may hire a game for the period of the monthly subscription and may return the game for any other game during the monthly subscription period. The customer can have unlimited hire exchanges for the period of the subscription but is limited to 1 game at a time
- In the event that the Customer fails to return the game on the date of termination, Zaps Gaming shall be entitled to payment of damages in an amount equal to the hire charges of R35 per day as set out in this agreement, until the games are returned, replaced or paid for in full.
- The HP shall continue until such date and time as when the Customer returns the games to Zaps Gaming.
- Without prejudice to any other claims and remedies that Zaps Gaming may have against the Customer, Zaps Gaming may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of 7 (seven) days from the date upon which the breach first occurred.
- In the event that the Customer has concluded this agreement by means of agreeing to this document on check out, then these Terms and Conditions of Rental, constitute the sole record of the agreement between Zaps Gaming and the Customer with regard to the Games, and Zaps Gaming shall not be bound by any representation, warranty, or implied term not recorded herein.
- No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Zaps Gaming. No indulgence which Zaps Gaming may grant to a Customer shall constitute a waiver of any of Zaps Gaming’s rights.
- The Customer may not cede its rights or obligations in terms of this agreement without Zaps Gaming’s prior written consent.
- The customer is required to take care of and prevent any harm to the game in order to prevent damage to property, serious injury or death. The Customer hereby indemnifies Zaps Gaming against any loss, injury or damage suffered by Zaps Gaming arising out of or in connection with the Customer’s use of the game from whatever cause and against any claims of whatever nature that may be instituted against Zaps Gaming arising from the use of the game and any consequential loss or damage arising from the foregoing.
- The Customer must notify Zaps Gaming of any defects within 1 (one) hour of taking delivery. Zaps Gaming shall determine whether the games is defective or unfit for the purpose for which it is intended and shall be entitled to replace the defective game.
- The Customer is not entitled to sell or dispose of any games unpaid for without the prior written consent of Zaps Gaming. The Customer shall not allow the games to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Zaps Gaming in the games.
- The customer acknowledges that Zaps Gaming will store, process and use the customer’s personal information in order for Zaps Gaming to comply with the terms of this Agreement. Such information includes, but is not limited to the customer’s addresses and contact details, identity number, banking details, employment, financial information and demographic information.
- The customer further agrees to Zaps Gaming storing, processing and using the customer’s personal information for, inter alia, the following purposes:
- Marketing Zaps Gaming and Zaps Gaming’s affiliates’ current and future products to the customer from time to time;
- Analysing customer data and trends from time to time;
- Reporting information on the customer and the manner in which the customer conducts its account should we be legally bound.
- This Agreement and its interpretation are subject to South African law