Alpha Outdoors (Still needs to be amended)
Our Terms and Conditions consist of two documents:
Date of Implementation: February 2024
You and Alpha Outdoors have entered into a legally binding agreement with these Terms of Service. Anybody acting on behalf of Alpha Outdoors, including its owners, managers, contractors, attorneys, agents, and volunteers, is included when the term "we" is used.
You consent to be bound by these Terms of Service by clicking the checkout button, making a request, accessing and using any area of the Site, or sending an email indicating your agreement to the terms.
Alpha Outdoors
Alpha Outdoors rents out and delivers equipment and gear.
Eligibility
The Alpha Outdoors service is only available to those who are eighteen years of age or older. You represent and warrant that, by submitting a Rental Request to Alpha Outdoors, you are at least eighteen years old and that the information you have provided is true and accurate.
Confirming the Rental Request
Following the submission of a Rental Request by a Renter, Alpha Outdoors will, usually, acknowledge receipt of the Request within a day and confirm if each Item will be fulfilled or canceled.
In the unusual event that a renter's product specifications are not met—for example, because an item was damaged by a prior renter and is not fit for rental—cancellation will take place. In the event that we have to cancel an item or items, we will reimburse the renter for the full amount of such items.
Please email us if you have checked your spam bin and you have not received a confirmation.
Cancellation Policy.
Should a renter choose to cancel one or more items, or the Request in its whole, they will be subjected to the following:
Renters are entitled to a 50% refund of all money paid to Alpha Outdoors for the cancelled request or item(s), including the refundable deposit, if the request is made more than 24 hours in advance of the delivery time or 48 hours before the trip but fewer than 5 calendar days before the trip start date.
Renters will forfeit 100% of all payments made to Alpha Outdoors for any requests or individual items canceled with less than or equal to 24 hours before the delivery time or 48 hours before your trip, excluding the refundable deposit.
Inspection of the Item(s).
Renter inspection of the received item or items is encouraged. The Renter is responsible for the item(s) in accordance with Sections 6 and 7 below once the Renter departs with the item(s) if he or she is picking them up, or after three hours have passed since the item(s) were delivered to the Renter.
Should the Tenant:
If it can be shown or documented that any of the item(s) are so damaged that they are no longer usable, Alpha Outdoors will look for a new item or items and will provide them at no extra cost. The renter has two options if it shows or documents that any of the items are damaged but still functional: either use the items with the understanding that Alpha Outdoors will not charge fees to repair the damage that was demonstrated and documented (does not extend to any non-demonstrated and non-documented damages, which will be assumed to be new and dealt with in accordance with Section 8), or choose to return the item(s) and receive a refund for the canceled item(s).
determines, for reasons unrelated to the item(s)' condition, that an item(s) are no longer needed; in this case, the request will be regarded as canceled with less than 24 hours' notice.
Damage must be presented to the Alpha Outdoors representative assisting the renter with the gear request, in person, if the renter is picking up the equipment. The agent will remain available for the Renter to thoroughly check the item(s) for as long as necessary.
Since the courier agent is probably not connected to Alpha Outdoors and lacks the necessary skills to evaluate damages, the renter must supply photographic proof of any damages if the renter is getting delivery from Alpha Outdoors (i.e., demonstrating damages to the courier agent is insufficient). Additionally, the courier agent is not required to hold off until the renter has finished inspecting the item or items.
Payment Authorization.
You give Alpha Outdoors permission to handle any costs associated with the services and items you choose during the checkout process for any rental requests that are handled through the website. Should you desire any in-kind transactions, they will be governed by a separate written agreement between the parties.
Deposit.
Every rental request is subject to a per-order refundable deposit requirement. There might be further unique situations where we require a deposit on an item-by-item basis since there's a good chance the rented equipment will sustain damage that cannot be repaired. For instance, even if you do not intend to bring the equipment to AfrikaBurn, deposits are still needed for rental requests that span the AfrikaBurn timeframe because we are unable to confirm your intended destination.
If the things are returned in the same order and condition as when they were received, deposits will be fully repaid. Alpha Outdoors may remove the whole value of the deposit from the renter's account in order to cover any additional costs that may arise, such as replacement, repair, restoration, or re-pickup fees. Should the deposit prove insufficient to pay the supplementary charges, the renter will bear the remaining expenses related to fixing, restoring, or replacing any damaged item(s).
Tenant's Declarations and Guarantees
The renter verifies that he or she has the expertise, skill, and ability required to utilize the item(s) rented and acknowledges that they are entirely responsible for their own health and safety. Renter acknowledges that it is his or her responsibility to learn how to utilize the item(s) correctly and to get any required training.
Regardless of whether Renter permits or shares Item(s) with additional persons, Renter shall be entirely liable for all Items rented. Renter acknowledges that no insurance coverage is offered, and that he or she is financially liable for any loss, theft, unusual wear and tear, and cleaning of any item(s) rented in accordance with these terms and conditions.
Assumption of the Risk, Release and Indemnification
Acknowledgement of Risks.
When renting and using any item(s) from the site, as well as when engaging in activities for which item(s) were obtained, the renter recognizes and accepts that there are known and unknown hazards that could occur. These dangers may result from the general presence or usage of the item(s), as well as from their malfunction or misuse, whether as a result of the renter's own carelessness or the careless actions of those offering assistance or instructions on how to use the item (s). Any rescue, first aid, emergency treatment, or services provided—or not provided—for any injuries sustained could also carry additional known and unknown dangers. Given the nature of unknown dangers, the renter recognizes and agrees that the risks listed above are not all-inclusive. The renter is aware that there are known and unknown risks that could cause physical or psychological harm, to the extent that it could include, but is not limited to, paralysis, death, illness, disease, or other harm to the renter or other parties, as well as harm to property (whether owned by the renter or not).
Acceptance of Risks.
When renting any items from the site, the renter specifically covenants and agrees to bear all risks associated with that rental. The renter chooses to rent and utilize the item(s) in question voluntarily in spite of these known or unknown risks.
General Release.
On behalf of himself/herself, his/her spouse, children, parents, heirs, assigns, personal representatives, and estate, the renter hereby voluntarily releases, discharges, and covenants not to sue Alpha Outdoors and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns ("the Released Parties") from all liability, claims, demands, actions or causes of action, damages, suits in equity of any kind or nature which are related to, arise from, or are in any way related to his/her rental of Item(s) from the Site. This includes, but is not limited to, any claims which allege negligent acts or omissions on the part of the Released Parties.
Furthermore, the Renter covenants and agrees to defend, indemnify, and hold harmless the Released Parties from any liability, actual or alleged claims, demands, actions or causes of action, damages, and/or injury to property or persons brought by any third party arising out of (i) the rental of any item(s), including, but not limited to, any claims relating to the Released Parties' negligence; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties. This indemnity covers and encompasses, without limitation, the payment of any fines, penalties, judgments, awards, attorneys' fees and associated costs, and the payment of Alpha Outdoors for all costs and expenditures incurred by it in the course of its legal action.
Damage to or Loss of Item(s)
In order to prevent having to pay for any repairs, the renter must examine the items upon delivery (see Section 5.e.), look for any pre-existing damage, and/or take pictures of the item or items. In order to prevent unintentional damage for which he or she could be held accountable, the renter should also refrain from attempting any mechanical cleaning (such as using a laundry machine) on the item(s. Generally speaking, basic cleaning is permissible, such as using a dry brush or towel to wipe off the surface or brush off any debris.
With the exception of normal wear and tear, the renter is required to return the exchanged items—as well as any accessories, including carrying cases—in the same state and order as they were received. In order to appropriately reuse or recycle such goods and have a better understanding of the power consumption for the item(s) that we rent, other accessory items that were used to power the item(s) rented, such as gas canisters or batteries, should be returned even if they are empty.
When the item(s) are picked up or returned, the renter must notify Alpha Outdoors of any damages he or she may have sustained while in possession of the item(s). Since we evaluate the item(s) once they are returned, Alpha Outdoors will determine the fair cost of repair and/or replacement and will let the renter know, even if they don't tell us. Returning wet items could result in up to an R250 drying fee per item (outdoor equipment can become damaged or even unusable if left wet for extended periods of time). Items should be returned dry.
Alpha Outdoors shall determine the fair replacement and/or repair cost for the item(s) and notify the renter if any are lost or damaged by the renter.
After the Pickup Time, Alpha Outdoors will try to contact the Renter within 7 business days to let them know about any repair or replacement expenses. If more time is needed to get an estimate of repair costs, Alpha Outdoors will let the renter know (for instance, if we need to send equipment back to the manufacturer for an estimate of repair cost). If renter does not respond, Alpha Outdoors may try again as a courtesy to inform tenant of repair or replacement expenses. However, Alpha Outdoors retains the right to charge the full repair or replacement if the renter does not reply.
Prohibited Conduct
Content Licenses
By sending any content to Alpha Outdoors or uploading it to one of its managed platforms (such as its Facebook page, Twitter account, Youtube channel, or Instagram account), users grant Alpha Outdoors a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without payment or acknowledgement. Users hereby unconditionally relinquish any and all moral rights claims.
Privacy
Alpha Outdoors will only use personal information in accordance with Alpha Outdoors’s Privacy Policy.
Customer Support
You can contact Alpha Outdoors via email with any queries or worries you may have. This allows for the prompt resolution of most issues.
Alpha Outdoor’s Intellectual Property
Copyright: Alpha Outdoors is the owner of all content on alphaoutdoors.co.za, including, but not limited to, the text, graphics, logo, and other files as well as the way that the content is chosen and arranged. Such items may not be used without authorization.
© Alpha Outdoors, 2024 RESERVE ALL RIGHTS.
Trademarks: Alpha Outdoors is the owner of the trademarks for both the company and its logos. All page headers, original artwork, button icons, and scripts are either Alpha Outdoors trademarks or trade dress.
Ownership and Use: Alpha Outdoors shall maintain ownership of its intellectual property rights, and your use of alphaoutdoors.co.za or these Terms of Service shall not grant you any rights therein.
Dispute resolution process
Informal dispute resolution: The Parties shall make an effort to settle any disagreement amicably by bringing it up with senior management before taking any matter to arbitration. After the disagreement has been referred, senior management from both parties will meet to discuss the issue and try to settle it without the need for a formal process within 14 (fourteen) days.
Informal dispute resolution does not lessen the rights of the parties: actions taken under the aforementioned clause shall not be interpreted to bar a Party from taking formal action at a later time in order to seek urgent or interim relief, prevent the running of any applicable statute of limitations, or maintain a better position than other creditors.
Institution of Formal Proceedings: Subject to the provisions of the above two clauses, the Parties agree that either Party may elect to refer any dispute which may arise to either the High Court of South Africa or to arbitration proceedings as contemplated in the clause below. Upon election by a Party initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.
Arbitration: If the Parties are unable to resolve any dispute informally and either Party has elected to commence arbitration proceedings to resolve the dispute in terms of the clause above, then such dispute shall on written demand by the electing Party be submitted to arbitration at Arbitration Foundation of Southern Africa.
Status of arbitration ruling: The decision of the arbitrator shall be binding on the Parties to the arbitration after the expiry of the period of 20 (twenty) days from the date of the arbitrator’s ruling if no appeal has been lodged by any Party or upon the issue of determination by the appeal panel, as the case may be. A decision, which becomes final and binding in terms of the clause above may be made an order of the court at the instance of any Party to the arbitration. The parties agree to keep the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
Continued performance: Each Party agrees to continue performing its obligations under the Agreement while any dispute is being resolved.
Rapid resolution of disputes: The Parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties;
Excluded relief: These clauses shall not preclude either Party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to you as a consumer.
Agreed Jurisdiction: The Parties hereby consent to the jurisdiction of the Western Cape High Court (Cape Town) in respect of proceedings referred to in respect of the institution of formal proceedings.
Termination
Without limiting any other remedies, Alpha Outdoors may suspend or terminate its services and users, restrict or prohibit access or your use of alphaoutdoors.co.za, remove or restrict content, and/or take any technical or legal steps necessary if Alpha Outdoors: (i) suspects a user has breached these Terms of Service; (ii) is unable to verify or authenticate any user information; (iii) believes that a user is acting inconsistently with the letter or spirit of Alpha Outdoor’s policies, has engaged in improper or fraudulent activity in connection with Alpha Outdoors or that a user’s actions may cause legal liability or financial loss to Alpha Outdoors’s users or to Alpha Outdoors; (iv) believes a user is infringing on the rights of third parties; (v) a user fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.
Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use Alpha Outdoors.
Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Renter’s Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.
Disclaimers, Exclusions and Limitations
Alpha Outdoors does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALPHA OUTDOORS PROVIDES ITS WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALPHA OUTDOORS DOES NOT REPRESENT OR WARRANT THAT ALPHA OUTDOORS, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. ALPHA OUTDOORS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ANY THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT ALPHA OUTDOORS PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY ALPHA OUTDOORS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALPHA OUTDOORS MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALPHA OUTDOORS WILL NOT BE LIABLE TO ANY USER OF THE SITE OR OF ALPHA OUTDOOR’S SERVICES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF ALPHA OUTDOORS.CO.ZA, ITS SERVICES, AND/OR THE RENTAL OF ANY ITEM FROM THIS SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
Modifications
Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Alpha Outdoors.
No Agency
You and Alpha Outdoors are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
No Waiver
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Interpretation
Headings are for reference purposes only and do not limit the scope or extent of such section.
Notices
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to Alpha Outdoors. All notices by Alpha Outdoors will be sent to you by email.
Effective Date: 10. February, 2024
Alpha Outdoors is a last-minute service provider that specializes in renting and delivering gear and equipment. Alpha Outdoors, doing business as Alpha Outdoors at alphaoutdoors.co.za, is the owner and operator of Alpha Outdoors. Anybody acting on behalf of Alpha Outdoor, including its owners, managers, employees, agents, attorneys, and volunteers, is included when the phrase "we" is used.
This privacy statement explains the data that Alpha Outdoors gathers and how it is used when you visit, use, or engage with Alpha Outdoors. You agree to the collection, use, and storage of your personal information as specified in the Privacy Policy each time you use alphaoutdoors.co.za.
Anti-Spam Policy
Alpha Outdoors does not send spam or sell email addresses. We may at times send you emails that provide important information on using Alpha Outdoors.
What Information is Collected and Stored & How is it Used?
Rental Requests: When you initiate a request to rent Item(s) (even if you do not complete or submit the request), Alpha Outdoors may require and store:
Information in this section, “Rental Requests,” will be utilized to (i) fulfill a Rental Request and/or (ii) assist in a dispute resolution.
Mailing list: When you initiate a Request (even if you do not submit or complete it) or if you join our mailing list yourself (e.g., via a subscription), we will add your name and email to our mailing list. This information will be used to occasionally send you important information about our service. You may unsubscribe at any time by emailing us or clicking the “Unsubscribe” link at the bottom of such emails.
Referrals: You may use Social Plug-ins on the site to show Alpha Outdoors to your friends. We do not ourselves collect, store, or use the information you provide on a Social Plug-in.
Other personal interactions with Alpha Outdoors: Additionally, data may be collected and stored when you:
Information in this section, “Other personal interactions with Alpha Outdoors,” will be used to continually improve our services and broaden our understanding of the rental economy as an industry.
Non-personal interactions with Alpha Outdoors: In both instances below, we do not store the information collected in our servers.
Except as otherwise specified, all the information in this Section of the Privacy Policy that is stored is maintained solely by Alpha Outdoors. We do not sell or rent information to third parties or share information in ways other than disclosed in this Privacy Policy.
What about Third Party Data Collection?
If you use certain features on the Site, it may enable third parties to collect data about your use as follows:
Credit or Debit Card Payment: Alpha Outdoors utilizes PayFast to process rental payments and other fees on the Site. Alpha Outdoors does not itself store debit or credit card information. We only collect this information, send it to PayFast, and then PayFast sends us back a multi-use token that we store in our servers. This token is unique to a specific card with a specific merchant, and ensures only Alpha Outdoors can ever use the token to process subsequent transactions. Alpha Outdoors utilizes this feature for a customer’s convenience so you do not have to reenter credit card information. You should reviewPayFast’s Privacy Policy for more detail about how your credit or debit card information will be stored and maintained.
Social Plug-Ins: Users may follow or like Alpha Outdoors, or recommend Alpha Outdoors using social plug-ins such as for Google+, Facebook, Twitter, LinkedIn, and Pinterest. Users should review the privacy policies of Google, Facebook, Twitter, LinkedIn, and Pinterest for more detail about information collected from these sites.
Courier services: Alpha Outdoors may use courier services to handle delivery or pickup of Item(s) to you. In order to utilize these services, Alpha Outdoors may release your contact information (e.g., email, phone, name) and addresses. Please review their privacy policies.
Users are encouraged to use available controls and settings on your device to reflect your privacy preferences.
Is Information Ever Disclosed by Alpha Outdoors to Third Parties?
Information collected by Alpha Outdoors may be disclosed in the following circumstances.
When Disclosure is Required By Law: Information may be provided where we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Alpha Outdoors or to comply with the legal process (for example, discovery requests or warrants); (ii) to enforce or administer our policies and agreements with users; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) to protect the rights, property or safety of Alpha Outdoors, its users or members of the general public. We will use commercially reasonable efforts to notify users about law enforcement or court ordered requests for data unless otherwise prohibited by law.
Acquisition/Merger/Assignment: Information may be disclosed if Alpha Outdoors is involved in any merger, acquisition or assignment of its interests. Under such circumstances, Alpha Outdoors will use commercially reasonable efforts to notify its users if their personal information is to be disclosed or transferred and/or becomes subject to a different privacy policy.
What is Alpha Outdoor’s Security Policy?
We have put in place appropriate administrative, technical, and physical security measures to guard your personal data against unwanted access, deletion, or alteration. Users should be aware, though, that no technique of storing electronic data or transmitting it over the Internet can ever be completely safe.
Effective Date: February 10, 2024
Afrikaburn is in the semi-desert region of Tankwa Karoo During this time, Alpha Outdoors will provide festival attendees with equipment. The equipment at the campsite is subjected to harsher circumstances than usual because of its nature, so during this time, a cleaning fee of 15% will be applied to all orders. Only specific items—tents, beds, sleeping bags, tables, gas stoves, and chairs—are eligible for this.