This website is operated by Rufaro Garments (Pty) Ltd., a company registered under the laws of South Africa under the registration number 2014/008132/07 with Our registered address located at Trilby Street, Oaklands Johannesburg (hereinafter “Us”, “We”, “Our” etc.) while “You” as hereinafter referred, shall refer to anyone accessing and using our Website, ordering and purchasing any and all of Our goods and/or services.

Please read these legal terms and conditions as provided here-below (“Terms and Conditions”) carefully before accessing and/or using Our Website. By visiting, using Our Website and/or purchasing Our “Good(s)” and engaging in our “Service(s)”, You agree to be bound by the following Terms and Conditions, including all information, goods, items, policies, notices and applicable services made available to You on this Website. These Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If You do not agree to all these Term and Conditions, then You may not access Our Website, purchase our Goods and make Use of our Services. If these Terms Conditions are considered an offer, acceptance is expressly limited to Your acceptance of these Terms and Conditions.

Any new features or tools which are added to the current Website shall also be subject to the Terms and Conditions. You can review the most recent version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is Your responsibility to check this page periodically for changes and updates. Your continued use of or access to the Website following the posting of any changes constitutes Your acceptance of those changes.
1. Definitions In these Terms and Conditions:
Carrier” means any person or business contracted by us to carry Goods from us to You;
Content” means any content in any form published on Our Website by Us or any third party with our consent;
Goods” means any of the Goods we offer for sale on Our Website, or, if the context requires, Goods we sell to You;
Our Website” means any website of ours, and includes all web pages controlled by us;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
Services” Means any of the Services we offer along with the Goods on offer on Our Website, or, if the context requires, the Services we provide to You.
2. Interpretation

In these Terms and Conditions unless the context otherwise requires:

2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.

2.2. these terms and conditions apply to all supplies of Goods and Services by Us to any customer. They shall prevail over any terms proposed by You.

2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4. except where stated otherwise, any obligation of any person arising from these Terms and Conditions may be performed by any other person.

2.5. in these Terms and Conditions references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other reorganisation involving that party.

2.6. the headings to the paragraphs and schedules (if any) to these Terms and Conditions do not affect the interpretation.

2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.9. these terms and conditions apply in any event to You as a buyer or prospective buyer of our Goods and services, subject to the terms and conditions as provided under the Consumer Protection Act 68 of 2008 (the “CPA”), and in so far as the context allows, to You as a visitor to Our Website.

2.10. these Terms and Conditions is made only in the English language. If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.
3. Our contract with You

3.1. Subject to the CPA, these Terms and Conditions shall apply to any Goods you purchase and any orders which you place through Our Website. These Terms and Conditions shall further apply regardless of how You access the website, including via any device by which Our Website is made available to You.

3.2. Each party acknowledges that, in entering into these Terms and Conditions, neither party shall rely on any representation, warranty, information or document or other term not forming part of these Terms and Conditions.

3.3. By agreeing to these Terms and Conditions and Your use of Our Website, You hereby represent that (i) You are of the age of majority in your country of residence; or (ii) You have given Your consent to allow any of Your minor dependents to use Our Website; and (iii) You accept personal responsibility for every act or omission by You and/or any of Your minor dependents.

3.4. By agreeing to these Terms and Conditions and placing your order(s) for Goods through Our Website, You hereby confirm that You have read, understood and agreed to the application of the present Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions, You will not be permitted to order/ purchase any Goods from our Website.
4. Availability of Goods and Modification of Prices and Terms:

4.1. You understand that We do not guarantee that all the Goods advertised on Our Website shall always be immediately available, may have limited quantities, therefore may be subject to a sourcing-waiting period or otherwise, may have been discontinued and is therefore no longer available for sale on Our Website. In such cases, We shall always endeavour to inform You of any unavailable Goods as well as keep You informed and updated as to their future availability on Our Website. However, please be advised that the Terms and Conditions which apply to You and Your use of Our Website are and shall be those posted on our Our Website on the day You order Goods, as may be amended from time to time.

4.2. Subject to the above, You also understand and agree that price(s) of the Goods listed on Our Website may be amended by Us at any time without notice, from time to time. As far as possible, We will never change a price so as to affect the price charged to You at such time as when You are purchasing those Goods.

4.3. Please be advised that We reserve the right, but are not obligated, to limit the sales of our Goods and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Good(s) or Service(s) which are Offered on the Website. Further to the above, We reserve the right at any time to modify or discontinue the Good(s) and/or Service(s) (or any part or content thereof) without notice at any time. To this end, by accepting these Terms and Conditions, You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of and Goods and/or Services.

4.4. All Our Goods are subject to return or exchange exclusively in accordance with Our Return Policy.
5. Creating Your Online Account Placing Your Order(s):

5.1. To place order(s) (the “Order(s)”) for the purchase of Goods, You will be either be required to create an account directly with Us (if You don’t already have one). IN opening an account with Rufaro Garments, You will be required to provide us with some compulsory personal information.

5.2. You agree and confirm that all personal information provided to Us by You is complete, accurate, true to Your knowledge, and kept up to date. You can, at any time, update or correct Your details by logging into Your account created on Our Website.

5.3. When creating Your online account, We will ask You to create a password to allow You to access Your account, and to maintain account security on our Website. You are fully responsible for keeping your password and account information confidential.

5.4. You agree to provide Us with current, complete and accurate purchase, billing, delivery and other required account information for all purchases made on Our Website. You agree to promptly update Your account and other information, including Your email address and credit card details and expiration dates (as applicable), so that We can complete Your transactions and contact You as needed.

5.5. Your Order(s) is an offer to purchase the Goods from Us. Nothing said or done by Us is an acceptance of an order unless and until We have confirmed acceptance of Your Order in writing, with reference to Your allocated Order number. At any time prior to the dispatch of the Goods to You, We reserve the right to decline Your Order(s) without any reason whatsoever.

5.6. Should We suspect any activity from your account which appears fraudulent, We reserve the right without prejudice to refuse Your account further access to Our Website, and where necessary, delete Your account. Where possible, You will be notified of the suspicious activity(ies) identified on Your a

5.7. By adding to Your account the “subscriber” offer to Your transaction, You authorize Us to opt You into all communications including but not limited to email, SMS, and notifications. If You decide at whatever stage to opt out of marketing communications, then any subscriber offers shall not be valid or applied to Your purchase(s). You may however opt back in at any time, by accepting subscriber offer(s) or changing Your preference(s).
6. Order Acceptance

6.1. Completion of checkout online does not constitute Our acceptance of Your order from Us. You will be notified by email as soon as possible with confirmation that We are processing your Order(s). Our acceptance of Your Order(s) will take place only when We take payment from You and despatch of the Good(s) is confirmed.

6.2. We have the right, prior to despatching the Good(s) to decline an order for any reason, including legal and regulatory reasons.

6.3. Our contract with You, along with the present Terms and Conditions become effective upon Your receipt of the Order despatch email, which shall remain in place until the last day of Your right to return the Good(s) subject to the present Terms and Conditions.

6.4. In the event that We are not able supply You with all the Goods You have ordered, You will be duly informed via email of the parts of the Order We are unable to process due to the Good(s) unavailable. If You have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.

6.5. If the fulfilment of any aspect of an Order would be illegal, unlawful or in violation of the CPA or any other applicable laws, decrees or regulations, We reserve the right cease, limit or prohibit the fulfilment of the Order(s) at any time, in our sole judgment, including following the despatch of Good(s) or notification to You that the Order is being processed. In such circumstances, You acknowledge that Rufaro Garments shall incur no liability.
7. Price and payment

7.1. The price payable for the Goods that You order is clearly set out on Our Website.

7.2. It is possible that the price may have increased from that which posted on Our Website. In the event of such occurrence, We will not despatch the Goods until You have confirmed that You wish to purchase the Goods at the newly revised price.

7.3. Prices include value added tax (“VAT”). If You show by Your delivery address that You reside outside the South Africa, VAT will be deducted at the payment point.

7.4. Bank charges by the receiving bank on payments to Us will be borne by Us. All other charges relating to payment in a currency other than Rand will be borne by You.

7.5. Any information given by Us in relation to exchange rates are approximate only and may vary from time to time.

7.6. If, by error, We have under-priced certain Good(s) on the Website, We will not be liable for supplying those Goods to You at the corrected price, provided that we notify You before We dispatch them to You.

7.7. When proceeding with payment of the total purchase price for all the Good(s) selected, the payment terms options available to You are as follows (i) once-off payment in full for all the Goods (ii) in two (2) biannual instalments; or (iii) or in several equal monthly instalments as per the options available on the checkout page of the Website;

7.8. The price of the Good(s) does not include the delivery charge which will be charged at the rates applicable at the date You place Your Oder and which will be displayed on the relevant page of Our Website, prior to Us requesting You to settle the purchase price.

7.9. In the event that We owe You funds (for this or any other reason), We will credit You as soon as reasonably practicable, however, in any event, no later than fifteen (15) days from the date on which the repayment is due.

7.10. The Good(s) ordered remain the property of Rufaro Garments until they have been collected in store by You or have been delivered by Us to the address specified by You.
8. Subscription Service

8.1. Notwithstanding the standard once-off purchase terms and conditions applicable to You under Clauses 5, 6 and 7 here-above, and subject to the present Clause, Rufaro Garments also makes available to You, a recurring concierge subscription service on the ‘self-service portal’ of Our Website (the “Subscription Service”). Subject to Clauses 8.2 and 8.3 here-below, the Subscription Services allows Us to curate and deliver directly to You, pre-selected available Goods at the regular interval(s) during the course of the year, as shall be selected and instructed by You under Your preferred subscription plan (the “Subscription Plan(s)”).

8.2. Subject to the available (i) subscription option(s) and package(s); (ii) delivery interval(s); and (iii) billing rate(s), cycle(s) and payment schedule(s) as selected by You on the ‘self-service portal’ of Our Website, the selected Goods will automatically be administered, prepared, packaged and delivered to You subject to Your selected Subscription Plan, each order and accompanying service always being subject to the present Terms and Conditions.

8.3. Subject to the present Terms and Condition, Your Subscription Plan(s) may be cancelled by You at any time, subject to the subscription the terms of cancellation policy as provided in the following link. Upon Your cancellation of the Subscription Plan, You agree that You shall receive no further benefit available under the said Subscription Plan.
9. Security of Your credit card

We undertake to make every effort to ensure that Our Website is and always remains safe for Your use.

9.1. During the checkout process, You will be asked to enter Your payment details. All fields indicated as compulsory must be completed.

9.2. By completing the payment details, You confirm that the method being used to make payment belongs to You or is in Your name where an agreement is entered into with any credit or third (3rd) party.

9.3. We do not store Your payment information, however third (3rd) party providers used by Us may be using encrypted secure payment mechanisms which could store Your data. Please see individual payment providers websites for further information on how they hold Your personal information collected at payment.

9.4. We take full payment immediately for all Good(s), unless You sign up to pay for Your Order using our third (3 rd) party credit provider. Card payments will be subject to authorisation from Your card issuer, and credit facilities subject to a credit check.

9.5. If You have already received the products You ordered from us, but Your payment was not received, You must either pay for the items, or return them to Us in the same condition that You received them, in accordance with Our reasonable return instructions and at Your own expense. Should You fail to return the Good(s) within 30 days from the date on which We notify You of the cancellation of the Order, We may arrange for collection of the Good(s) at Your expense.

9.6. We reserve the right to charge You for any and all damage to any Good(s) that are the subject of an unpaid order.
10. If You Purchase the Good(s) as a Consumer

This Clause shall only apply to You as a consumer under the CPA, subject to the Electronic Communications and Transactions Act 2002.

10.1. As required by the law, details of Our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.

10.2. You may cancel Your order at any time before the expiry of seven (7) days from the date You receive the Goods, not including the day You received it.

10.3. The option to cancel Your order is not available:
10.3.1 if You purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
10.3.2 sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
10.3.3 if the Goods become mixed inseparably (according to their nature) with other items after delivery.

10.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to You, Your cost of re-packing and returning the Goods.

10.5. If the Goods You return, show any sign of loss or damage, then We shall be entitled to deduct such repair costs from Your refund to which You are entitled.

10.6. In the event of cancellation of an Order by You in compliance with these terms, We will refund any monies due to You within thirty (30) days.

10.7. To assist Us in identifying Your Good(s) on receipt by Us, We ask You to provide Us mobile telephone number for a return reference to be placed below our address / returns label.
11. Delivery and Delays

11.1. Timescales and charges for delivery vary dependent on the Good(s) ordered, Your delivery address and country, and the delivery services available. You shall find full details of Our delivery charges here.

11.2. Goods are delivered within seven (7) days from the day You place an order to purchase the Goods.

11.3. Delivery will be to the address specified in Your order; therefore, You must ensure that someone is present to accept the delivery. If no one is available at a residential or other address at the time of delivery, Our courier will advise whether Your Order has been left in a specified safe place or returned to depot/post office.

11.4. Once You have received Your Good(s), it is important that You check immediately the condition and quantity of the Goods. If Your Goods have been damaged in transit, You must immediately contact and inform us so that We may dispatch a replacement quickly and minimise Your inconvenience.

11.5. Upon delivery of the Good(s) to the delivery address specified by You in Your Order, all risk including of loss or damage to the Goods shall pass to You immediately upon delivery.

11.6. We will always make every effort to keep You informed should the supply and delivery of Your Good(s) be prevented or delayed for reasons beyond Our control. In such event, We shall be under no liability to You for such delay or failure of products being delivered when originally specified.

11.7. If We are not able to deliver Your Goods within seven (7) days of the date of Your order, we shall notify You by e-mail to arrange another date for delivery.

11.8. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

11.9. If We agree with You to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, We are not liable to You for any expense or inconvenience You incur on account of delayed delivery or non-delivery.

11.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

11.11. We are happy for You to pick up Goods from our store provided You make an appointment in advance and payment has been received into our bank.

11.12. If You pick up Good(s) from our premises, then:
11.12.1 Goods are at Your risk from the moment they are picked up by You or Your Carrier from our premises;
11.12.2 You agree that You are responsible for everything that happens after You take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
12. Foreign taxes and duties

12.1. If You are not in South Africa, We have no knowledge of, and no responsibility for, the laws in Your country.

12.2. You are responsible for purchasing Goods which You are lawfully able to import and for the payment of import duties and taxes of any kind levied in Your country.
13. Liability for subsequent defects

13.1. We will repair or replace the Good(s) which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a defect. If You claim that any of the item(s) are defective, the following conditions apply:
13.1.1 the defect must be reported to us within seven (7) of becoming apparent;
13.1.2 the defect results only from faulty design or manufacture; 13.1.3 You have returned the defective Good(s) or parts to Us if We have so requested.

13.2. If We agree that We are liable for the defective Good(s), We will refund the cost of return carriage and will repair or replace the Goods free of charge.

13.3. If we repair or replace the Good(s). You have no additional claim against Us either under these Terms and Conditions or by statute or common law, in respect of the defect.
14. Refund and Exchange of Goods

Should you upon receipt of your Goods be dissatisfied with any of the items purchased from Us, You may return any and/or all of the Goods to Us for a refund, replacement or exchange, subject to compliance with following refund and exchange terms and conditions:

14.1. Any Goods purchased from Us may be exchanged or returned for refund on the conditions that:
14.1.1. You provide us with valid proof of purchased Goods (i.e. slip/invoice);
14.1.2. in the event of refund, Your request is submitted to Us no later than six (6) weeks following confirmed date of purchase of the Goods;
14.1.3. in the Event of exchange due to manufacturer’s workmanship default, Your request is submitted to Us no later than two (2) weeks following confirmed date of purchase of the Goods; and
14.1.4. in both cases of refund and exchange, the Goods have been returned to Us in their original packaging and as far as possible, are in their original condition. For the avoidance of doubt, We reserve the right, at our sole discretion, to reject the refund or exchange claim under this Clause 14.1.1 in the event that any and all of the clothing items have been worn/used outside of the initial fitting, which shall include without limitation to clothing items which has been worn, washed, used or altered and which fault(s) are not the result of the manufacturer’s workmanship or fault.

14.2. Prior to You returning the Goods to Us, please carefully read return or exchange instructions which may be sent to You by Us via email. Failure by You to follow and adhere to the instructions provided to You under the present Clause, shall entitle Us to reject the claim for refund and exchange, subject to Clause 14.1 here-above.

14.3. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

14.4. If We agree that the Goods are faulty, we will:
14.4.1 refund the cost of return carriage;
14.4.2 repair or/ replace exchange the Goods at our cost.
15. Disclaimers

15.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

15.2. All implied conditions, warranties and terms are excluded from these Terms and Conditions. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

15.3. We make no representation or warranty for:
15.3.1 the quality of the Goods;
15.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
15.3.3 the correspondence of the Goods with any description;
15.3.4 the adequacy or appropriateness of the Goods for Your purpose.

15.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to You arising directly or indirectly from information You take from Our Website.

15.5. We shall not be liable to You for any loss or expense arising out of or in connection with Your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew You might incur it.

15.6. We make no representation or warranty and accept no responsibility in law for:
15.6.1 accuracy of any Content or the impression or effect it gives;
15.6.2 delivery of Content, material or any message;
15.6.3 privacy of any transmission;
15.6.4 any act or omission of any person or the identity of any person who introduces himself to You through Our Website;
15.6.5 any aspect or characteristic of any goods or services advertised on Our Website;

15.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If You come across any Content which offends You, please contact us via the “Contact us” page on Our Website.

15.8. We will do all We can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling You first.

15.9. Our total liability under these Terms and Conditions, however it arises, shall not exceed the sum of R 5 000. This applies whether Your case is based on contract, tort or any other basis in law.

15.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

15.11. If You become aware of any breach of any term of these Terms and Conditions by any person, please inform us at the following email address We welcome and value Your input.

15.12. Nothing in these Terms and Conditions excludes liability for a party's fraud
16. Rufaro Garment Website Use

16.1. If You use Our Website, You are responsible for maintaining the confidentiality of Your account and password and for preventing any unauthorised person from using Your account.

16.2. You agree to accept responsibility for all activities that occur under Your account or password. You should tell us immediately if You believe some person has accessed Your account without Your authority and also log in to Your account and change Your password.
17. Security of Our Website

17.1. Your use of Our Website is governed by all legal notices on this Website together with all applicable terms and conditions and our Privacy Policy and Cookie Policy.

17.2. Use of this Website by You should only be for lawful purposes and You may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.

17.3. Without Our prior written consent, You may not copy, reproduce, edit, communicate to the public, deeplink into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for Your own personal use.

17.4. Content of this Website may not be used for any commercial purposes whatsoever

17.5. Subject to the present Terms and Conditions, You agree that You will not, and will not allow any other person to:
17.5.1. download any part of Our Website, without our express written consent;
17.5.2. collect or use any product listings, descriptions, or prices;
17.5.3. collect or use any information obtained from or about Our Website or the Content except as intended by these Terms and Conditions;
17.5.4. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by these Terms and Conditions or as is reasonably necessary for Your use of Our Website;
17.5.5. share with a third party any login credentials to Our Website

17.6. Despite the above terms, we now grant a licence to You to:
17.6.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon You not portraying Us or any of Our goods, product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.6.2 You may copy the text of any page for Your personal use in connection with the purpose of Our Website.
18. Indemnity

You agree to indemnify Us against all costs, claims and expense arising directly or indirectly from:

18.1. Your failure to comply with the law of any country;
18.2. Your breach of these Terms and Conditions;
18.3. any act, neglect or default by any agent, employee, licensee or customer of Yours;
18.4. a contractual claim arising from Your use of the Goods;
18.5. a breach of the intellectual property rights of any person.
19. Intellectual Property

19.1. By offering or disclosing any submissions, your agreement to these terms and conditions shall constitute an assignment to Rufaro Garments of any intellectual property rights.

19.2. Whenever You use a feature that allows You to upload to Our site, or to make contact with other users of Our site, or make any submissions on any Yours Clothing related third party website, You must comply with the content standards set out in these terms and conditions.

19.3. We are not responsible for, nor do We endorse any third-party advertising on our pages of any social networking sites.

19.4. All rights, including copyright on Our websites, and third-party pages are owned by or licensed to Rufaro Garments.

19.5. Any use of Rufaro Garment social networking pages or its content, including copying or storing them in whole or in part, other than for Your own personal, non-commercial use is prohibited unless We have given You Our permission in writing.

19.6. You confirm that any content You offer by submission is Your own and does not infringe the intellectual property of others, including trademarks and copyrighted material.
20. Confidentiality

20.1. Any material You upload to Our Website will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any material in the submissions We will defend the intellectual property rights in connection with our Good(s) and Our Website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

20.2. Except as set out below, You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

20.3. You may not use our name or logos or trademarks or any other content on any website of Yours or that of any other person.

20.4. Subject to the other terms of these Terms and Conditions, You may download or copy content only for Your own personal use, provided that You maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Miscellaneous matters

21.1. When We communicate with You, We will do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

21.2. Where we provide Good(s) and/or Service(s) without specific charge to You, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Good(s) for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

21.3. If any term or provision of these Terms and Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

21.4. The rights and obligations of the parties set out in these Terms and Conditions shall pass to any permitted successor in title.

21.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

21.6. Any communication to be served on either party by the other shall be delivered by hand or sent by facsimile service or recorded delivery or by e-mail.

It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

21.7. In the event of a dispute between the parties to these Terms and Conditions, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

21.8. So far as the law permits, and unless otherwise stated, these Terms and Conditions does not give any right to any third party.

21.9. Neither party shall be liable for any failure or delay in performance of these Terms and Conditions which is caused by circumstances beyond his reasonable control, including without limitation to acts of God, riots, civil unrest, labour dispute etc.

21.10. In the event of any conflict between any term of these Terms and Conditions and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of these Terms and Conditions shall prevail.

21.11. The validity, construction and performance of these Terms and Conditions shall be governed by the laws of the Republic of South Africa and You agree that any dispute arising from it shall be litigated only by a competent court of South Africa