Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern MIX REALITY PTY LTD (trading as Mixed Reality South Africa) relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms “Mix Reality” or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 11 Scafell Road, Floracliffe, Johannesburg, South Africa, 1709.
Our company registration number is 2018/412140/07. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: name, location, membership number, IP address and browsing history.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to design, layout, look, appearance, photos and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).Some information provided on this Website has been obtained from third parties and is provided for informational purposes only. We are not liable for any inaccuracies in any third party information provided on this Web Site and does not endorse any of the activities, guides, vendors or service providers described. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider. We expressly deny any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described on this Website. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third party vendor, guide, or service provider. Please contact the third party service provider, guide or vendor for complete details. We do not book, nor do we make any representations regarding the availability of third party activities or services.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa.
- Words and expressions used in these website usage terms and conditions shall bear the ordinary meaning assigned to them unless the context dictates otherwise.
These Terms & Conditions (“Terms”) govern the rental of Virtual Reality (“VR”) equipment and/or the provision of VR activation staff (collectively, the “Services”). By booking Services or paying a deposit, you (the “Client”, “you”, “your”) agree to be bound by these Terms.
1) Governing Law & Interpretation
These Terms are governed by the laws of the Republic of South Africa. Headings are for convenience only and do not affect interpretation. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
2) Definitions
- Cold Rental: Equipment rental without Mixed Reality activation staff on site.
- Staffed Activation: Equipment rental with Mixed Reality activation staff operating and/or supervising the equipment.
- Equipment: All VR headsets, controllers, PCs/consoles, cables, networking, staging, and accessories provided by Mixed Reality.
3) Quotes, Pricing & VAT
- Written quotes are valid for 7 days unless otherwise stated.
- Prices are in South African Rand (ZAR) and exclusive of VAT unless indicated.
- Additional charges may apply for travel, accommodation, parking, tolls, freight/courier, after-hours or public-holiday work, venue compliance, and special logistics.
4) Bookings, Payments & Deposits
- A non‑refundable deposit is required to secure all bookings. Once paid, the reserved Equipment and/or staff are removed from availability to other clients for the booked dates.
- The balance of payment is due no later than 7 (seven) days before the event.
- If any balance remains outstanding, full payment must be made on the first day of the event prior to setup or activation.
- Bookings are confirmed only upon written confirmation from Mixed Reality and receipt of the required deposit.
5) Cancellations
- All cancellations are strictly non‑refundable.
- Once a booking is confirmed and the deposit is paid, Mixed Reality immediately allocates Equipment and/or staff to the Client’s event, withdrawing these resources from availability to others for the same period.
- The Client remains liable for the full booking fee if the event is cancelled, postponed, or rescheduled by the Client for any reason, including (without limitation) changes in circumstances, venue issues, supplier issues, or reduced attendance.
- In the event of cancellation, Mixed Reality may retain all amounts paid and recover any outstanding balance owing.
- Only where Mixed Reality is unable to fulfil the booking due to reasons within its direct control (and not due to a Force Majeure event as per clause 16) will a refund or credit be considered, at Mixed Reality’s sole discretion.
6) Delivery, Collection & Access
- Delivery/collection windows are estimates and depend on site access, load-in constraints, security checks, and traffic.
- The Client must ensure safe, timely access, adequate parking/loading bays, and any permits or venue authorisations required. Waiting time caused by access delays may be charged at standard hourly rates.
7) Setup Requirements & Site Readiness
- The Client must provide:
- Adequate space per VR station, level flooring, clear cable routes, and secure storage.
- Stable power (prefer dedicated 220–240V circuits) and suitable distribution.
- Internet if the experience or platform requires it (wired preferred).
- Compliance with venue rules (noise, lighting, smoke/haze machines, etc.).
- If the site is not ready at the agreed setup time, Mixed Reality may charge standby/waiting fees and/or adjust timelines or content at our discretion to maintain safety.
8) Equipment Use, Responsibility & Damage
- Cold Rentals: The Client assumes full responsibility for the safe use, care, and return of all Equipment from delivery/collection until return. Any loss, theft, or damage (including cosmetic damage affecting usability) will be charged at full repair or replacement cost, plus any associated logistics and downtime charges.
- Staffed Activations: Where Mixed Reality staff operate/supervise the Equipment, the Client is not liable for accidental damage to the VR Equipment. The Client remains liable for damage caused by Client staff/attendees ignoring safety instructions, deliberate misuse, or unauthorised interference with the setup.
- Equipment remains the property of Mixed Reality at all times. No lien or pledge is created by these Terms.
9) Hygiene, Health & Safety
- Mixed Reality follows headset hygiene protocols and provides disposable covers where appropriate.
- The Client must ensure participants comply with staff instructions and any safety briefings, including spotters for free‑roam experiences.
- Mixed Reality may refuse or pause participation for safety (e.g., intoxication, aggressive behaviour, medical risk) in our sole discretion, without liability.
10) Age, Suitability & Content
- Certain experiences may have age recommendations or restrictions. The Client is responsible for enforcing venue or content restrictions.
- Where Client requests specific software/content, the Client warrants having all necessary licences and permissions and will indemnify Mixed Reality against any third‑party claims.
11) Staff Hire: Conduct, Hours & Overtime
- The Client must ensure a safe, respectful, harassment‑free environment and compliance with applicable labour and health & safety laws.
- Verbal/physical abuse, discrimination, or unsafe conditions are grounds for staff to withdraw services; fees remain due.
- Standard on‑site hours are as quoted. Overtime, late finishes, early call times, meal/comfort breaks, and night work/public holidays may incur additional charges at the prevailing rates.
- The Client must provide reasonable breaks, drinking water, and access to facilities.
12) Delays, Standby & Missed Time
- Where start times are delayed due to venue access, client-supplied power/internet, late arrivals, or other Client/venue causes, Mixed Reality may charge standby at hourly rates.
- Lost runtime due to such delays will not be refunded. We will make reasonable efforts to maximise remaining time without compromising safety.
13) Testing, Handover & Return
- For Cold Rentals, the Client must sign a handover checklist on delivery/collection confirming quantities and condition, and the return checklist on handback.
- Missing items, damage, abnormal wear, or excessive cleaning requirements (e.g., liquids/sweat ingress) will be invoiced accordingly.
- Late returns may incur daily rental charges until all items are returned.
14) Insurance & Risk
- The Client is responsible for insuring the event, including public liability and any venue‑mandated or activity coverage.
- Risk of loss passes to the Client on delivery/collection for Cold Rentals and remains with the Client until return. For Staffed Activations, risk remains with Mixed Reality only while our staff are operating and supervising the Equipment.
15) Incident Reporting & Theft/Loss
- Any incident, injury, theft, or loss involving the Equipment must be reported to Mixed Reality immediately and, where applicable, to SAPS within a reasonable time.
- The Client must provide all reasonable assistance for claims, including statements and CCTV/access logs.
16) Force Majeure
Mixed Reality is not liable for any failure or delay caused by circumstances beyond its reasonable control, including but not limited to load shedding, power failure, internet outages, strikes, civil unrest, extreme weather, pandemics/epidemics, government regulations, or venue failures. In such cases, timelines may be adjusted and Services rescheduled subject to availability; no refunds are due.
17) Warranties, Availability & Technical Remedies
- While we take reasonable care to provide well‑maintained Equipment and competent staff, we do not warrant uninterrupted operation in all conditions.
- If a material technical failure occurs solely due to our Equipment and cannot be remedied on site, our liability is limited to pro‑rata credits or a re‑performance of the affected portion, at our discretion.
- We may provide backup units subject to availability but are not obligated to maintain specific redundancy levels unless expressly quoted.
18) Liability & Indemnity
- To the maximum extent permitted by law, Mixed Reality is not liable for any indirect, consequential, special, or punitive damages, loss of profit, or loss of opportunity.
- Mixed Reality’s aggregate liability under these Terms shall not exceed the fees paid for the specific booking giving rise to the claim, except in cases of gross negligence or wilful misconduct.
- The Client indemnifies and holds harmless Mixed Reality, its directors, employees, agents, and subcontractors against any claims, losses, damages, or costs arising from: (i) the Client’s breach of these Terms; (ii) use of the Equipment at the Client’s event; (iii) Client‑provided content or instructions; or (iv) failure to ensure participant safety and compliance with instructions.
19) Data Protection & Privacy (POPIA)
- Mixed Reality processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).
- The Client undertakes to collect and provide any attendee data lawfully and with appropriate notices/consents, and to share only what is necessary for the Services.
- Where Mixed Reality captures photos/video for operational or marketing purposes, this will be subject to appropriate consent at the event or as agreed in writing.
20) Media, Marketing & Publicity
- Unless otherwise agreed in writing, Mixed Reality may take photographs or short videos of the setup/activation for portfolio and social media use, provided no confidential information is disclosed.
- The Client may request in writing that Mixed Reality refrain from capturing/using media; additional charges may apply for private/NDAs or exclusive events.
21) Changes, Add‑Ons & Scope Management
- Any change to dates, times, quantities, layouts, content, or venue that affects scope or logistics may require a variation order and revised fees.
- Mixed Reality will not be responsible for delays or shortfalls caused by unagreed scope changes or third‑party dependencies.
22) Subcontracting
Mixed Reality may use vetted subcontractors or freelancers to deliver all or part of the Services, remaining responsible for overall performance under these Terms.
23) Notices & Communication
Notices under these Terms must be in writing and delivered by email to the contacts specified in the booking confirmation or on our website. Electronic signatures and confirmations are acceptable and binding.
24) Assignment & Non‑Solicitation
- The Client may not assign or transfer its rights or obligations under these Terms without Mixed Reality’s prior written consent.
- The Client agrees not to solicit or directly employ Mixed Reality staff introduced under a booking for a period of 12 months after the event, without our written consent.
25) Dispute Resolution & Jurisdiction
- The parties will first attempt to resolve disputes amicably through good‑faith discussions between authorised representatives.
- Failing resolution within 14 days, either party may refer the dispute to mediation (Johannesburg) before resorting to litigation.
- Subject to any mandatory forum, the parties submit to the exclusive jurisdiction of the South African courts. Each party bears its own legal costs unless a court orders otherwise.
26) Entire Agreement & Changes to Terms
These Terms, together with your quote/booking confirmation, constitute the entire agreement between the parties for the Services. No amendment or waiver is effective unless in writing and signed/confirmed by Mixed Reality. Mixed Reality may update these Terms on its website from time to time, with the version in effect at the time of booking applying to that booking.
Acceptance
By paying the deposit or confirming the booking in writing, the Client acknowledges that they have read, understood, and agree to these Terms & Conditions.
Mixed Reality (Pty) Ltd
Email: info@mixed-reality.co.za
Tel: +27 11 672 0908 (Office)
Cell: +27 72 234 7513 (Gerald Ferreira)
Cell: +27 72 972 2724 (Ronel Ferreira)
Registered Address: 11 Scafell Road, Floracliffe, Johannesburg, South Africa 1709.
Company Reg. No.: 2018/412140/07
These Terms and Conditions were last updated on the 22 September 2025.