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Dispute Resolution

This clause forms part of PoolSpace's Terms of Service.

1. Informal Resolution First

Before initiating any formal legal proceedings, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Pool ("Dispute") through good-faith informal discussions. A party must provide written notice of the Dispute to the other party, and the parties shall attempt to resolve the Dispute within fourteen (14) days of such notice.


2. Mediation

If the Dispute is not resolved through informal discussions, the parties agree to submit the Dispute to non-binding mediation conducted in Johannesburg, South Africa, by a mutually agreed mediator, or failing agreement, a mediator appointed by a recognized mediation body in South Africa.

Each party shall bear its own costs, and the mediation costs shall be shared equally unless otherwise agreed.


3. Arbitration

If the Dispute is not resolved through mediation within forty-five (45) days from the date mediation is initiated, the Dispute shall be finally resolved by binding arbitration:

  • The arbitration shall be conducted in Johannesburg, South Africa
  • The arbitration shall be administered by a recognized arbitration institution
  • The arbitration shall be conducted in English
  • The arbitrator's decision shall be final and binding on the parties
  • Judgment on the arbitral award may be entered in any court of competent jurisdiction

4. Court Proceedings & Injunctive Relief

Notwithstanding the above, PoolSpace retains the right to seek urgent injunctive, equitable, or protective relief from any court of competent jurisdiction where necessary to prevent fraud, misuse of the platform, unlawful activity, infringement of intellectual property, or imminent harm.


5. Exclusion of Class Actions

To the fullest extent permitted by law, all Disputes shall be resolved on an individual basis only, and users waive any right to participate in a class action, collective action, or representative proceeding against PoolSpace.


6. Limitation Period

Any claim or cause of action arising out of or relating to the Services must be brought within twelve (12) months after the claim arises, failing which such claim shall be permanently barred, except where prohibited by applicable law.


7. Governing Law & Jurisdiction

This Dispute Resolution clause and any Dispute shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to conflict-of-laws principles.


8. Survival

This Dispute Resolution clause shall survive termination of these Terms or cessation of use of the Services.