TERMS AND CONDITIONS
1.1 Welcome to sela.co.za. By using the Sela website you confirm that you have read the terms and conditions regarding the conduct of parties accessing or using the Sela website to trade and that you agree to be bound by these terms and conditions.
1.2 Please note that should you not agree to the terms and conditions stated below, you may not use the Sela website.
1.3 Sela wants to ensure that we fulfil our duties and obligations to every one of our valued users and or goal is to make every user interaction a pleasure. In achieving this target we are expressing exact details on how we value openness, accuracy and commitment to all our valued users.
1.4 The site is managed in the Republic of South Africa and promotes the sale of various branded product lines. Purchases made from the site are subject to the terms and conditions of this agreement.
1.5 By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site
1.6 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.7 This website can be accessed at https://www.sela.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Sela, a division of Newgroup (Proprietary) Limited Reg: 2012/104945/07 (“Newgroup”, “we”, “us” and “our”, “service provider”).
1.8 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If your are not satisfied with the amended Terms, you should refrain from using the Website.
1.9 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2. Website terms and conditions of use
2.1 This document sets out the terms and conditions (“Terms”) of Newgroup Pty Ltd Reg: 2012/104945/07 apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 (“Service Provider”) pertaining to the access and use of the information, products, services and functions provided on www. Newgroup.co.za (“Website”).
2.3 Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services. The Terms “user”, “you’ are used interchangeably in these Terms and reefer to all person accessing the Services or Websites for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” used refers to us the Service provider.
2.4 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
2.5 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
2.6 We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
2.7 If there is anything in these Terms that you do not understand then please contact us as soon as possible -see the clause below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
3.1 You have 7 days the “day after” the day that the goods are received under the distance selling act from arrival of the goods to cancel your contract. The goods must be returned to us in the condition they were despatched, complete with all packaging and in a re saleable state. The goods remain YOUR responsibility until they are received and signed for by us.
3.2 Cancellation/Return of unwanted orders/items incur a 15% handling fee to cover processing/handling fees.
3.3 If an unwanted product is returned for exchange for a different product the customer will be charged or refunded any price difference plus return postage
4. Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Website;
4.3 write and/or develop any derivative of the Website or any other software program based on the Website;
4.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Service Provider;
4.5 without Service Provider’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Website;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.8 notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
5. Registration and use of the website
5.1 Only registered users may order Goods on the Website.
5.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the Website in order to purchase Goods.
5.3 You agree and warrant that your username and password shall:
5.3.1 be used for personal use only; and
5.3.2 not be disclosed by you to any third party.
5.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
5.6 You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
5.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
5.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised our representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
6. Conclusion of sales and availability of stock
6.1 Registered users may place orders for Goods, which we may accept or reject. Whether or not we accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by us for the Goods.
6.2 NOTE: we will indicate the acceptance of your order by delivering the Goods to you only at that point will an agreement of sale between you and we come into effect (the “Sale”). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order (by us itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
6.4 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold us liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
6.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by us. We will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6.6 Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 When the Goods are for sale by us, payment can be made for Goods via –
7.2.1 debit card;
7.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. We will not accept your order if payment has not been received;
7.2.4 Instant EFT;
7.3 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
8. Delivery of Goods:
8.1 We offers 1 (one) method of delivery of Goods to you being via courier
8.2 Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
8.3 Where it accepts your order, we will deliver the Goods to you as soon as reasonably possible, but no later than we days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
8.4 Our obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
9.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
9.2 We shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
10.1 We may from time to time make electronic promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of our Goods. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
10.2.1 There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
10.2.2 Coupons are issued in our sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
10.2.3 As a general rule, and unless specified otherwise on the specific Coupon itself:
10.2.3.1 each Coupon can only be used once;
10.2.3.2 only one Coupon can be used per order;
10.2.3.3 only one Coupon can be used on the Website per person per promotion/campaign;
10.2.3.4 Percentage Coupons may only be redeemed on purchases with a total cart value of less than ___________;
10.2.3.5 where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
10.2.3.6 a Coupon must be used at check-out – it cannot be used later on existing orders; and
10.2.3.7 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
10.2.4 Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. We are not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
10.2.5 If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If we confirm that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
10.2.6 You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by us, before you are able to use a Coupon.
11. Intellectual property rights
11.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
11.1.1 “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
11.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.
11.3 By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
11.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you
11.5 Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.
11.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material
11.7 Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
12. Risk, limitation of liability and indemnity
12.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
12.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
12.3 To the extent permissible by law:
12.3.1 Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if service provider knows or should reasonably have known or is expressly advised thereof.
12.3.2 The liability of service provider for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of service provider. However in no event shall service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
12.3.3 You hereby unconditionally and irrevocably indemnify service pro-vider and agree to hold service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against service provider as a direct or indirect result of:
22.214.171.124.1 your use of the website;
126.96.36.199.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
188.8.131.52.3 your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;
184.108.40.206.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
220.127.116.11.5 any unavailability of, or interruption in, the service which is beyond the control of service provider.
12.3.4 Service provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against service provider for any LOSS suffered by you, as a result of information supplied by service provider being incorrect, incomplete or inaccurate.
13.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
13.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
13.4 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
13.4.1 your name and surname;
13.4.2 your email address;
13.4.3 your physical address;
13.4.4 your gender;
13.4.5 your mobile number; and
13.4.6 your date of birth.
13.5 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
13.6 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
13.7 Subject to clauses below, we will not, without your express consent:
13.7.1 use your personal information for any purpose other than as set out below:
18.104.22.168 in relation to the ordering, sale and delivery of Goods;
22.214.171.124 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
126.96.36.199 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
188.8.131.52 to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
13.7.2 disclose your personal information to any third party other than as set out below:
184.108.40.206 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
220.127.116.11 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
18.104.22.168 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
22.214.171.124 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
126.96.36.199 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
188.8.131.52 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clauses above).
13.7.3 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
13.7.4 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
13.7.5 We will –
184.108.40.206 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
220.127.116.11 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
18.104.22.168 provide you with access to your personal information to view and/or update personal details;
22.214.171.124 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
126.96.36.199 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
188.8.131.52 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
13.7.6 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
13.7.7 We undertake to never sell or make your personal information available to any third party other than as provided for in this policy
13.7.8 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
14. Breach or cancellation by service provider
14.1 We are entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to our right to claim damages, should any user:
14.1.1 breach any of these Terms;
14.1.2 in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
14.1.3 infringe any statute, regulation, ordinance or law.
14.2 Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.
15. Company Information
15.1 Full name: NewGroup (Pty) Ltd
15.2 Registration number: 2012/104945/07
15.3 Physical address: Newgroup building, 27 Capricorn Drive, Capricorn Park, Muizenberg
15.4 Telephone number: 021 709 6600
15.5 Website address: www.newgroup.co.za
15.6 E-mail address: firstname.lastname@example.org
15.7 Director: Edward Bisset
15.8 Registered at: Newgroup building, 27 Capricorn Drive, Capricorn Park, Muizenberg
16. Compliance with laws
16.1 You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
17.1 Except as explicitly stated otherwise, any notices shall be given by email to email@example.com (in the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
16. General clauses
16.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
16.2 This Website is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
16.3 Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
16.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
16.5 Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
16.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
16.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
16.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
16.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
16.10 These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.