The Candle Merchant - Terms and Conditions
In this document, the following words shall have the meanings ascribed to them:
1.1. “Agreement” means the agreement contained in this document and displayed on the Website;
1.2. “Company” means The Candle Factory Shop CC (registration number: 2001/085891/23) t/a The Candle Merchant Maitland, The Candle Factory Shop (Brackenfell) CC (registration number: 2011/088013/23) t/a The Candle Merchant Brackenfell, The Candle Factory Shop (Retreat) CC (registration number: 2008/220449/23) t/a The Candle Merchant Retreat, The Candle Factory Shop Gauteng (Pty) Ltd (registration number: 2015/229313/07) t/a The Candle Merchant Gauteng, Tomar Trading CC (registration number: 2004/036503/23) and any related company (as defined in section 2(c) of the Companies Act, No. 71 of 2008) and includes, where applicable, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers;
1.3. “Customer(s)” means any person accessing the Website, whether such person purchases or makes use of Products or Services of the Company or not, and includes Wholesale Customers and Qualifying Wholesale Customers (where applicable);
1.4. “Personal Information” means the personal information of a Customer, including, but not limited to, his/her/its name, identity/registration number, address, email address and contact number;
1.5. “Product(s)” means, the products sold on the Website by the Company and includes, but is not limited to, candles, candle holders, accessories, serviettes and room fragrances;
1.6. “Services” means any services provided through the Website by the Company;
1.7. “Terms and Conditions” means the terms and conditions and policies set out in this Agreement, all as may be amended from time to time, governing the relationship between the Customer and the Company;
1.8. “Us” means the Company;
1.9. “Website” means www.thecandlemerchant.co.za;
1.10. “Wholesale Customer(s)” means existing or future customers of the Company who purchase Products in wholesale/bulk; and
1.11. “You” means the Customer.
2.1. The Website is owned by the Company and serves the purpose of promoting the sale of the Company’s Products and Services.
2.2. For the avoidance of doubt, this Agreement only applies to the Company’s website and does not apply to any transaction between the Customer and the Company whether in-store, telephonically or in any other manner other than through the Website.
2.3. By shopping or browsing on this Website, You:
2.3.1. warrant that you have read and understood these Terms and Conditions as well as the policies displayed on this Website;
2.3.2. irrevocably and unconditionally agree to the Company receiving any of your Personal Information (including its successors in title), which Personal Information shall be utilised, stored and protected in accordance with the South African data and personal information laws by the Company; and
2.3.3. agree to be bound by this Agreement.
3. INTELLECTUAL PROPERTY
3.1. All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by the Company, alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of the Company, and no rights in respect thereof shall accrue to You.
3.2. The Company grants you permission to view, electronically copy and print portions of the Website for the sole purpose of placing an order with the Company for any of the Products.
3.3. Any use of materials on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.
The Company logo and all other marks, logos and trade names appearing on the Website are trademarks of the Company, its holding company or affiliates in the Republic of South Africa, or of third parties who have authorised the Company to display such trademarks on the Website. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use by You (whether directly or indirectly) any of the trademarks displayed on this Website without the express prior written consent of the Company. Your use of any of the trademarks displayed on the Website or in any of its contents is strictly prohibited. You may not (whether directly or indirectly) copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Website. You further undertake, in any form, not to infringe any right of the Company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.
5. UNLAWFUL USE
You shall not use this Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Website.
The Company may provide external hyperlinks on the Website which are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this Website to other websites are provided ‘as is’ and the Company does not necessarily agree with, edit or sponsor the content of such Websites. The use of, or reliance placed by You on any external links provided on the Website is entirely at your own risk. Customers are obliged to inform themselves of the terms and conditions and privacy policies of these other websites.
8. DISCLAIMERS AND EXCLUSIONS OF LIABILITY
8.1. You expressly agree that use of the Website is entirely at your own risk. The Website and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Website meets your requirements.
8.2. The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Website, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products, Services and/or delivery arrangements and times.
8.3. The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or Services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
8.4. The Company does not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to You, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either You, the recipient of the Products or Services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or Services.
8.5. The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Website (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Website and/or in terms of this Agreement and/or in relation to the receipt of Products or Services supplied by the Company pursuant to any such order.
8.6. Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) and/or Services in respect of which any such dispute or claim arises, any You expressly acknowledge and agree to this.
8.7. By accessing this Website you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
8.8. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
9.1. The Company will take reasonable precautions to ensure that your Personal Information and/or credit/cheque card (e.g. a MasterCard or Visa card) ("Credit/Cheque Card"), or other card details are protected from unauthorized use and disclosure. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore, the Company cannot guarantee the absolute security of any information You transmit to Us or which the Company transmits to You. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Website, including associated applications.
9.2. The content contained on the Website may be used by You for your own personal shopping and information purposes only. In using the Website You warrant that You shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and You hereby indemnify the Company for any damage caused by any act attributable to You. Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page shall be prosecuted.
10. ELECTRONIC COMMUNICATIONS
When You use or visit the Website, or send electronic communications to the Website including, without limitation, e-mails or place orders for Products, You:
10.1. consent to receiving communications from the Company electronically;
10.2. agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
10.3. agree that the Company may use your information to contact You about promotions and special offers if You have indicated when asked by the Company that You would like to receive such information. You are entitled, at any stage, to opt out of this service. The Company shall not sell or rent information about You including, without limitation, your Personal Information to any third parties, save as otherwise provided herein (for example see clause 18.4.5); and
10.4. agree that the Company may disclose your Personal Information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.
11. ONLINE SITE TERMS
11.1. To buy Products on the Website you must be over the age of 18, be the holder of a valid Credit/Cheque Card or have access to electronic banking in order to make payment via Electronic Funds Transfer (“EFT”).
11.2. If you have any questions regarding our Website, the terms, Products or Services, please contact the Company on firstname.lastname@example.org.
12. ONLINE REGISTRATION
12.1. All Customers will have the option to register with a username and password on the Company Website. Registration is not a requirement for purchasing Products on the Website.
12.2. Future Wholesale Customers, who have specifically approached/contacted the Company to enquire about purchasing Products in wholesale/bulk (“Qualifying Wholesale Customer”), will be required to complete an application form in order for the Company to approve such customer as a Wholesale Customer.
12.3. Once a Qualifying Wholesale Customer has been approved as a Wholesale Customer by the Company, such Wholesale Customer shall, in the sole and unfettered discretion of the Company, qualify for certain benefits and deductions due to it purchasing Products in bulk/wholesale from the Company.
12.4. The Company shall provide the Qualifying Wholesale Customer with a username and password to enable such customer to access their own account.
12.5. Qualifying Wholesale Customers acknowledge that their registration is subject to the Company’s approval, which approval may take up to 5 business days.
12.6. It is specifically recorded that existing Wholesale Customers of the Company will not be required to complete the application form contemplated in clause 12.2 above.
12.7. The Company shall offer its existing Wholesale Customers the option to access their own account on the Website by providing them with their own username and password. Existing Wholesale Customers who decline such offer by the Company initially shall not be precluded from requesting a username and password from the Company at a later stage.
12.8. Registration and/or use of the Company online site constitutes acceptance of this Agreement by You, and shall accordingly apply as between the Company and yourself.
12.9. Registration on our Website is free and does not oblige You to purchase anything.
12.10. Upon registration, You, save for Qualifying Wholesale Customers, will be required to choose a password. Customers are requested to keep their passwords secret. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of account passwords.
12.11. Upon acceptance of your registration, a registration confirmation email will automatically be sent to the email address You provided when registering. Transmission times depend on your internet service provider, but it typically takes less than 10 (ten) minutes to receive the confirmation email. If You do not receive the confirmation email please contact the Company as soon as possible on the email address provided in clause 11.2 above. This clause does not apply to Qualifying Wholesale Customers who are provided with a username and password by the Company.
12.12. You will be required to login with your username and password each time You want to access your account. You can access your account by clicking on “My Account” on the top right of any page on the Website.
13. PLACING AN ORDER ONLINE
13.1. When placing an order online for Products and to purchase Products online Customers will be required to provide the following personal information including but not limited to:
13.1.1. Name and Surname or Company name;
13.1.2. Email address;
13.1.3. Contact number;
13.1.4. Payment details;
13.1.5. Delivery address; and
13.1.6. Billing address.
13.2. Enquiries about the progress of your order can be made to email@example.com. Customers’ delivery address and contact details are required to facilitate the delivery of an order.
14. PRODUCT AVAILABILITY & PRICING
14.1. The Products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company.
14.2. All prices displayed on the Website are quoted in South Africa Rand (ZAR) and include VAT at the rate of 15%. These are valid and effective only in the Republic of South Africa, and you acknowledge that VAT may increase from time to time and You shall be bound by such increase.
14.3. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and Services offered on the Website without incurring any liability whatsoever.
14.4. Subject to availability, the price You pay for Products will be the price shown on the Company Online Website on the date that You pay for such Products.
14.5. Time-based pricing is only available during the times and dates stipulated on the Website.
14.6. In the event of a Product being on sale, the sale price will be displayed on the Website. On occasion prices seen online may only be valid on the Website and not in the Company stores.
14.7. The Company in no way guarantees availability of stock, but will endeavour to source stock where possible to fulfil a Customer order.
14.8. Stocks of all Products on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
14.9. If the Company is unable to supply each and every item ordered or in the quantities ordered and cannot contact the Customer, the Company reserves the right to cancel the order until such time as it is able to get hold of the Customer.
15. DELIVERY OF PRODUCTS
15.1. All Products purchased online through the Website will be delivered to the address provided by the Customer. Products will not be available at any of the Company's stores for collection by the Customer.
15.2. All deliveries are outsourced and will be made through The Courier Guy.
15.3. Delivery of Products by The Courier Guy will be subject to an extra delivery fee. The delivery fee will be added to the final bill which Customers are required to pay at checkout. Delivery fees are dependent on, among other things, the size and weight of the Product and the delivery address of the Customer.
15.4. The Company shall provide the Customer with a Waybill number in order for the Customer to track the purchased Product's movement on The Courier Guy's website (http://www.thecourierguy.co.za/tracking_home.php). Please allow between 36hrs - 72hrs turnaround time to receive your order during business hours.
15.5. Customers are required to ensure that a responsible person (whether it be the Customer him/herself or an authorised representative of the Customer) is available to accept the purchased Product at the delivery address and that appropriate access will be made available to the courier. On delivery of the Product, Customers will be required to sign and print their name on a duplicate copy of the delivery note, to confirm receipt of the Product.
15.6. It shall be presumed that any person other than the Customer him/herself who receives the Products at the delivery address is authorized to accept delivery on behalf of the Customer. Should no-one be available at the delivery address specified by the Customer at the time of delivery, the courier will return the Products to the Company. The Courier Guy will attempt to make contact with the Customer to make new arrangements for redelivery. Should the Customer remain unavailable, the Company reserves the right to charge an additional delivery fee for re-delivery of the Product on a subsequent day should it be required under the circumstances.
15.7. The Company shall in no way be liable for any damage or destruction caused to the Products while in the possession of The Courier Guy.
16. OBVIOUS ERRORS
16.1. Whilst all precautions are taken by the Company to provide the correct information on the Website, in the event that an inadvertent and obvious error in the price, Product or Service description, images and any other relevant content, is identified by the Company, the Company is not obliged to provide the Customer with the affected Product or Service.
16.2. The Company will make every effort to alert Customers of the error. In such circumstances, Customers are entitled to cancel the purchase and the Company will provide a full refund for the amount paid.
17. COLOURS & IMAGES
17.1. Every effort is made by the Company to display as accurately as possible the colours of the Products that appear on the Website.
17.2. Colours displayed on the Website are subject to the monitor settings on computers, and the Company cannot guarantee that the monitor's display of any colour will be completely accurate.
17.3. By accessing, browsing and using the Website, the Customer understands and agrees that the Company cannot be held responsible for any errors that might be a result of incorrect images displayed.
17.4. The Company will endeavour to remove and replace any images that are incorrect as quickly as possible.
18. METHODS OF PAYMENT
18.1. Prior to delivery of the Product, the Company shall be entitled to debit the Credit/Cheque Card or bank account supplied by the Customer on acceptance of the order should the Customer be paying with a Credit/Cheque Card or instant EFT.
18.2. All Credit/Cheque Card payments are made through PayFast and are subject to 3D Secure verification in order to protect Customers from fraudulent use of their bank cards by unauthorised individuals. If a Customer’s issuing bank supports 3D Secure but the Customer has not activated it, the Customer will be redirected during the payment process to set it up.
18.3. Should Customers pay for the Products via manual EFT, the order will only be processed once the Company has received successful confirmation of payment that has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement within 5 working days of date of the placement of the order.
18.4. By submitting an order to buy Products, the Customer:
18.4.1. represents and warrants that he/she is over the age of 18;
18.4.2. represents and warrants that he/she is authorised to make payment with a Credit/Cheque Card if paying via this mechanism;
18.4.3. represents and warrants that he/she is authorised to make payment using the specified bank account if paying via instant EFT;
18.4.4. represents and warrants that there are sufficient funds available to pay for the order; and
18.4.5. consents to the Company providing Personal Information to its third party payment provider, which is necessary to enable the Company to perform its obligations in terms of this Agreement.
18.5. In order to protect the Company’s and Customer’s interests, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
18.6. No other method of payment will be accepted by the Company in respect of the purchase of Products on the Company Website.
19. CONFIRMATION OF ORDERS
19.1. Orders placed on the Website constitute an offer to purchase the Products subject to this Agreement. An offer is deemed to have been received by the Company when payment is received from the issuing bank in the case of payment via Credit/Cheque Card or instant EFT, or when the payment reflects on the Company’s bank statement in the case of payment via manual EFT.
19.2. On receipt of a Customer’s order, the Company will send an email to the Customer describing the Products and Services so ordered. These communications are merely a confirmation that the Company has received the Customer’s order, and do not represent any acceptance by the Company of the offer by the Customer to purchase the Products or Services from the Company.
19.3. The Company is in no way legally obliged to provide the Products and Services to the Customer during the offer process.
19.4. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
20. AGREEMENT OF SALE
20.1. An agreement of sale in respect of a Product between the Company and the Customer shall only come into effect when payment has been made and the Products have been delivered at the Customer’s chosen delivery address. In this regard, the word “payment” means a Credit/Cheque Card authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects the payment via EFT, and the order has been invoiced. The word “delivery” means the transportation and the handover of the Product to the Customer.
20.2. The Company shall only be liable to refund monies already paid by the Customer. Unless otherwise stated, a delivery fee will be charged each time the Customer purchases a Product online for delivery.
21. DELIVERY CONFIRMATION
21.1. The contract between the Company and the Customer will only be completed upon delivery of the Products to the Customer. Any Products or Services on the same order which have not been dispatched/delivered to the Customer do not form part of that contract.
21.2. The Company will send a confirmation email to the Customer confirming delivery of the Product by The Courier Guy at the address chosen by the Customer.
21.3. Delivery dates are estimates only, and the Company will take all reasonable steps to inform the Customer if any Products or Services ordered are unavailable or delayed for any reason.
22. RISK AND OWNERSHIP
Risk in the Products shall pass to the Customer upon delivery of the Products at the delivery address chosen by the Customer. Until payment is received in full for any Products sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered forthwith by the Customer to the Company following receipt of a default notice from the Company.
23.1. Customers may cancel an order and request a refund for any reason whatsoever, save for where Products are damaged as a result of the Customer’s actions, within 7 calendar days from the date on which the Products are delivered to the Customer.
23.2. Customers may cancel an order by contacting a Company representative on firstname.lastname@example.org.
23.3. No penalty charges will be levied against cancelled orders prior to expiry of the aforementioned 7 calendar day cut-off time.
23.4. Cancellations and refunds are subject to the following conditions:
23.4.1. Customers must return the Product within 7 calendar days from delivery of the Product to the Customer, to the head office of the Company (The Candle Merchant, Unit 2, Clover Leaf Industrial Park, 79, 8th Avenue, Kensington, Maitland, Cape Town) or select a date within the aforementioned 7 calendar day period on which the Company can arrange collection at the Customer’s address provided.
23.4.2. The return of the Product will be at the Customer’s own expense, and collections of the Product from the Customer’s address will be subject to a collection fee;
23.4.3. Products must be returned in their original packaging with all manuals (if any);
23.4.4. Products with seals on them will not be accepted back if the seal is broken. This will be regarded as a used Product;
23.4.5. Products which are not returned in their original packaging may be subject to a 10% repackaging fee on the purchase price;
23.4.6. All returned Products are subject to inspection by the Company to ensure the Products are suitable for a refund; and
23.4.7. No Customer shall be entitled to cancel an order and request a refund on Products which are damaged as a result of the Customer’s own conduct.
23.5. Refunds shall only be processed onto the payment method that was used when the order was created, and into the account from which payment was made (e.g. Credit/Cheque Card or EFT).
23.6. A refund may take up to 14 business days to reflect in the account of the Customer, and EFT refunds are subject to verification of the Customer’s banking details.
23.7. Customers who cancel their order after the expiry of the 7 calendar day period mentioned in 23.1 may be charged a 7% fee on the refund amount.
23.8. Customers requiring more information on cancellations may contact a Company representative on the email address provided in clause 23.2 above.
24. DAMAGED/INCORRECT PRODUCTS
24.1. Should the Company supply an incorrect, damaged or faulty Product (“Defective Product”), Customers are required to notify the Company within 7 calendar days of receipt of the Defective Product on email@example.com.
24.2. Customers who claim that the Products received are damaged will be required to provide the following information to the Company at firstname.lastname@example.org in order for the Company to assess where in the delivery process the damage occurred:
24.2.1. a photograph of the outer box (including whether a “Fragile” sticker was placed thereon;
24.2.2. a photograph of the inside of the box, including the inner packaging; and
24.2.3. a photograph of the damaged Product.
24.3. The aforementioned information must be sent within the period specified in 24.1 above.
24.4. Customers may request the Company to:
24.4.1. replace the Product (subject to availability thereof);
24.4.2. repair the Product; or
24.4.3. issue a refund to the bank account from which the Product was purchased.
24.5. The Company shall as soon as reasonably possible after notification by the Customer contemplated in 24.1 replace or repair the Product or issue a refund, provided the conditions set out in 24.7 below are met.
24.6. Replacement Products shall be delivered to the Customer at the address provided by the Customer, at the Company’s expense.
24.7. Replacements and refunds by the Company are subject to the following conditions:
24.7.1. Customers must return the Defective Product to the head office of the Company (The Candle Merchant, Maitland, Cape Town) within 7 calendar days of receipt of the damaged/incorrect Product or select a date within the aforementioned 7 calendar day period on which the Company can arrange collection at the Customer’s address (at the Company’s cost);
24.7.2. Defective Products must be returned in their original packaging with all manuals (if any) and accessories;
24.7.3. Defective Products with seals on them will not be accepted back if the seal is broken. This will be regarded as a used Product;
24.7.4. Defective Products which are not returned in its original packaging may be subject to a 10% repackaging fee on the purchase price; and
24.7.5. The Company will not issue a refund or replace a Product where further damage is caused to the Defective Product by the Customer after receipt thereof by the Customer and prior to the return thereof by the Customer.
24.8. Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. Credit/Cheque Card or EFT.
24.9. A refund can take up to 14 business days to reflect in the account of the Customer, and EFT refunds are subject to verification of the Customer’s banking details.
The Company provides no warranties in respect of its Products and Services.
26. DOMICILIUM OF COMPANY
The Company chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at Unit 2, Clover Leaf Industrial Park, 79, 8th Ave, Kensington, Maitland, Cape Town, Western Cape, South Africa.
27. GENERAL TERMS
27.1. The Website is registered and managed in the Republic of South Africa and accordingly, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
27.2. The Company may, in its sole discretion, suspend or terminate the operation of the Website at any time without prior notice to You and without the need to give You reasons for such termination or suspension.
27.3. The Company may change the terms of this Agreement from time to time without notice to You. Any amendments will take effect immediately on posting of the amendments on the Website. You shall be deemed to have accepted any changed terms should you continue to use the Website. You shall at all times be responsible for ensuring that You have received the most recent version of this Agreement. In the event that the Company makes material changes and/or amendments to this Agreement, the Company will place a prominent notice on its Website to advise the Customers to inspect and inform themselves on the updated Terms and Conditions.
27.4. This Agreement constitutes the whole agreement between the Us and You relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to You shall not be construed as a waiver or variation of any of our rights or remedies.
27.5. Any dispute of any nature whatsoever arising between Us and You on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Cape Town, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa. Notwithstanding either the Company or the Customer’s right of arbitration, either of the Company or the Customer may elect to refer the dispute to any Court with competent jurisdiction.
27.6. This document contains the entire agreement between us and neither of us shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
27.7. This Agreement cancels and supersedes all prior negotiations and agreements entered into between us relating to the matters set forth in this Agreement.
27.8. Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.