Common use of General Terms of Service Clause in Contracts

General Terms of Service. 8.1. The MEMBER will (and will cause his/her authorised users to) comply with all relevant laws and regulations in his/her use of the services at all times. Without limiting the foregoing, the MEMBER agrees that when on any XS facility premises or using the services, he/she (including any authorised users) will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; create a false identity for the purpose of misleading others; obstruct any access to XS facility premises; create any circumstances of disrepair or damage any XS property or the XS facility premises; bring any pets onto the premises (unless permitted by law); disrupt, cause a nuisance to or interfere with any fellow Members or fellow Members’ access to the services; or otherwise violate this Services Agreement. 8.2. XS has a clear and unambiguous zero tolerance policy as it relates to race or gender based abuse, violent and/or aggressive behaviour and related abusive language, and any breach of this policy, whatever the motivation for the action, will result in the immediate termination of this agreement and the removal of the offending party from the XS facility premises. 8.3. XS reserves the right, at all times during the currency of this agreement, to assign alternative space (whether storage unit, office or desk) to a MEMBER in the event of a natural disaster, building defect, or any other occurrences deemed necessary to protect a MEMBER, employee, guest or movable goods. 8.4. In this respect, XS reserves the right moreover to enter any allocated space at reasonable intervals and after due notice during business hours in order to check the condition of the facilities. In cases of urgent danger, XS shall enter any allocated space without prior notice and in the absence of the MEMBER. 8.5. In terms of the Tobacco Products Control Act No. 83 of 1993 (“the Tobacco Act”), smoking of tobacco products in any public place and/or workplace (as defined by the Tobacco Act) is prohibited, other than in a designated smoking area (as defined in and regulated by the Tobacco Act and the Regulations in respect thereof). Should the MEMBER, its agents, employees, patrons, invitees, licensees and/or contractors fail to comply with the Tobacco Act and/or its Regulations at any time, such failure shall be deemed to be a material breach of this agreement and XS shall be entitled to exercise its rights and remedies under this agreement accordingly. 8.6. Every MEMBER shall be obliged to comply with the safety and fire protection regulations in effect from time to time. Access to fire extinguishers, hydrants, smoke detectors, switch cabinets etc. may not be blocked, covered or obstructed under any circumstances. Emergency exits shall be kept clear at all times and shall only to be used in an emergency. In the event of a false alarm triggered by the MEMBER, persons accompanying him/her or parties for whom he/she is vicariously liable, the MEMBER shall be liable to compensate XS for any resulting expenses incurred. 8.7. MEMBERS are expressly prohibited from bringing firearms, ammunition or explosives of any nature onto XS facility premises. The same prohibition applies to illegal chemical or natural substances (commonly termed ‘drugs’), illegally acquired items and stolen goods. Failure to adhere to this prohibition will result in the immediate termination of this agreement. The MEMBER indemnifies and holds XS harmless from any criminal/civil or other proceedings that may arise as a result of XS having such illegal goods and/or unlawfully held goods at the XS facility. 8.8. The MEMBER records that he/she has inspected the relevant XS facility in detail and acknowledges that the condition is in accordance with, and as anticipated by, this agreement. The XS facility and all amenities provided are to be treated with care by the MEMBER and those parties attending at the XS facility at his/her instance. The MEMBER shall be liable for damages caused by the misuse or improper use of any equipment made available by XS to the MEMBER. 8.9. Advice, recommendations, or opinions by representatives of XS are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against XS or such representatives, or vary any of the terms of this agreement.