1. Acceptance of these Terms and Conditions

1.1. The terms and conditions contained herein is made available by The Sorbet Experience (Pty) Ltd. (trading as Sorbet), registration number: 2004/020621/07, on behalf of its affiliates, franchisees, subsidiaries, holding companies, and partners (“the Owner”). A copy of the terms and conditions are accessible on our website and at request and apply to all customer engagement platforms and other means of communicating with the customer, including, but not limited to –

1.1.1. any website owned or operated by Sorbet (jointly, “the Websites”)

1.1.2. the Webstore, available https://sorbetgroup.zenoti.com/

1.1.3. the Sorbet Application, available via the Apple Store or the Google Store

1.1.4. Any ecommerce platform (jointly “the Platforms”)

1.2. The terms and conditions set out below, including any additional document incorporated by reference (“Terms and Conditions”), apply to any person who uses, accesses, refers to, or views any part of the Platforms (“You” or “Your” including cognitive terms).

1.3. These Terms and Conditions regulate the terms and conditions upon which You may use, access, refer to, or view (individually and collectively referred to as “Use”) the Platforms and the information, content, products or services available on or through the Platforms (“the Platform Content”), whether or not the Platform Content is provided by or belongs to the Owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Platform Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, artwork trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in the Platforms. The terms “Literary Works”, “Musical Works”, “Artistic Works”, “Sound Recordings”, “Cinematograph Films”, “Program-Carrying Signals”, “Published Editions”, and “Computer Programs” shall bear the meanings assigned to such terms in the Copyright Act 98 of 1978.

1.4. Please see our complete guarantees and returns policy here: www.sorbet.co.za

1.5. You agree that:

1.5.1. clicking/checking the “I Agree” button, and/or making use of the Platforms signifies your agreement to comply with these Terms and Conditions which shall apply even where the Platform Content is provided by or belongs to our clients, affiliates, subsidiaries, holding companies, partners, third-party providers or any other party; and

1.5.2. we may at any time amend, or impose additional terms and conditions relating to any service, the content, products, facilities or functionality which is made available by the Owner or the Owner’s affiliates, subsidiaries, holding companies or partners, by way of the Platforms or otherwise (“the Additional Terms and Conditions”). If You wish to Use these services, content, products, facilities or functionality, You must agree to the Additional Terms and Conditions as defined herein.

1.5.3.You do not require notice of the amendment of these terms and conditions as each time you log onto the Platform you will conclude a new agreement with the Owner.

1.6. If You do not agree to these Terms and Conditions, You will not be allowed to Use the Platforms and the Platform Content and You must immediately delete all copies of the Platform Content in Your possession or under Your control. This includes, but is not limited to, any Platform Content which has been copied or cached by You.

1.7. You are allowed to print a copy of these Terms and Conditions. If You have any difficulty printing these Terms and Conditions or require assistance in obtaining a hard copy or electronic copy of these Terms and Conditions or of the Additional Terms and Conditions, You should contact the Sorbet.co.za call center on +27 11 202 7940.

2. Scope of permitted use

2.1. You may use the Platforms to, inter alia, (i) browse and print the Platform Content, (ii) make purchases, (iii) make bookings for services, (iv) communicate with Us, (v) leave comments on the various blog posts, opinion polls and/or bulletin boards, and (vi) participate in any competition or promotion conducted through the Platform.

2.2. Subject to these Terms and Conditions and any Additional Terms and Conditions as defined herein, the Platforms and the Platform Content may only be used by you for the purposes set out in paragraph 2.1 of these Terms and Conditions and for lawful personal and non-commercial purposes (“the Permitted Use”). The Permitted Use does not extend to the source code of the Platforms or of the source code of any software or computer program that forms part of the Platform Content.

2.3.  In addition, you are not allowed, without the Owner’s prior written approval, to:

2.3.1. frame, link to, modify, distribute, commercialise, exploit and/or alter the Platforms or the Platform Content;

2.3.2. incorporate any part of the Platform Content in any other work or publication; and/or

2.3.3. perform any other act which may not be considered fair use.

(collectively “Prohibited Acts”)

2.4. These Terms and Conditions and any restrictions on the Use of the Platforms or the Platform Content will also apply to any part of the Platforms or the Platform Content which is cached when Using the Platforms or the Platform Content.

2.5. Requests for approval to perform a Prohibited Act must be submitted to the Platform manager. The Owner is entitled, in its sole discretion, to withhold or grant consent. The Owner may also impose any conditions on any consent which is granted.

2.6. When printing the Platform Content, You must ensure that the following copyright notice appears prominently on every page which is printed: “Copyright The Sorbet Experience Pty Ltd All rights reserved”.

2.7. The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

2.7.1. the operation of the Platforms or any of the Platform Content; or

2.7.2. Your right to Use the Platforms or any of the Platform Content.

2.8. In agreeing to the above you acknowledge, understand and accept that the Owner’s conduct as aforesaid shall not be a breach of these Terms and Conditions at all and shall not afford you the right to cancel these Terms and Conditions.

2.9. You may, in your sole discretion, at any time and for any reason and without prior written notice, suspend or terminate Your use of the Platforms or any of the Platform Content.

2.10. You may not transfer any rights granted to You in terms of these Terms and Conditions to any other person or entity.

2.11. The Owner is allowed to grant the same, similar, additional or different rights to any other person or entity.

2.12. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by You for purposes of the Permitted Use.

2.13. In Using the Platform, You undertake to refrain from performing or attempting to perform any of the following actions or facilitating the performance or attempted performance of such actions by other persons:

2.13.1. any action that violates any of these Terms and Conditions;

2.13.2. fraud, including without limitation to its common law meaning, solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”; and

2.13.3. violation or infringement of any intellectual property rights contained in clause 6 below.

3. Limitation of liability for Use of the Platforms and the Platform Content

3.1. Use of the Platforms and the Platform Content is entirely at Your own risk.

3.2. Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 (“the ECT Act”) and the Consumer Protection Act 68 of 2008 (“the CPA Act”):

3.2.1. the Owner shall not be liable towards You or any third party for any loss or damage, of any nature whatsoever, suffered by You as a result of, without limitation, Your use of the Platforms and the Platform Content;

3.2.2. You hereby indemnify and hold the Owner harmless against any loss, liability, expense, claim, penalty or damage whether direct, indirect, special or consequential arising out of Your use the Platforms Content, or any actions or transactions resulting therefrom.

3.2.3. in addition to the general scope of clauses 3.1 and 3.2 above the Owner shall not be liable towards You or any third party for any loss or damage, of any nature whatsoever, suffered by You as a result of, without limitation, the unavailability, interruption, downtime, malfunction, or failure of the Platforms or the Platform Content for any reason whatsoever.

3.3. To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of the Owner in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of the Owner to You exceed R1 000 (one thousand rand).

3.4. For the purposes of this clause 3 and clause 5 below, any reference to the Owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the Owner.

3.5. The effect of clauses 3.1 to 3.4 is that in the event that you or a person not a party to this agreement, suffer any loss or damage, whether as a direct or indirect result of Your use of, reliance upon the Platforms, the Platform Content or any transactions resulting therefrom the Owner is not legally obliged to pay You for such losses or damage.

4. Exclusion of warranties and representations

4.1. Any views or statements made or expressed on the Platforms are not necessarily the views of the Owner, the Owner’s affiliates, subsidiaries, holding companies, partners, directors, employees, officers, servants and/or agents.

4.2. The Platforms and the Platform Content is provided “as is” and is subject to change without notice.

4.3. The use of the Platforms is granted by the Owner to You free of charge and for no consideration. Therefore, Section 56 of the CPA Act does not apply to these Terms and Conditions, to the extent that there is no implied warranty that the Platforms and the Platform Content complies with the requirements and standards contemplated in Section 55 of the CPA Act.

4.4. Subject to the provisions of the ECT Act, the Platforms and the Platform Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Platforms or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Platform Content.

4.5. The Owner also makes no warranty or representation, whether express or implied, that the Platform Content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or Your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or Your hardware or software.

4.6. The Owner does not accept any responsibility for any errors or omissions on the Platforms or the Platform Content.

4.7. You must not rely on any warranty or representation, which allegedly induced You to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.

4.8. The Platforms and the Platform Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product.

4.9. You must not enter into any transactions, make any investments, make decisions of any nature, including, without limitation, any purchases or any financial or commercial decisions, or incur any loss or liability based partly or wholly on the Platform Content. You should always obtain independent expert advice prior to making any financial, commercial or other decisions.

4.10. To the extent that the Platform Content contains any information related to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, You acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way.

4.11. The effect of clauses 4.1 to 4.10 is that You agree that the Owner has not made the representations and warranties listed therein, and therefore you did not accept these Terms and Conditions based upon any such representation or warranty. Therefore, You agree that the Owner shall not be liable for any loss or damage You allegedly suffer as a result of such a representation or warranty.

5. References and links to and from other web sites, products and services

5.1. The Platforms may contain references or links to other web sites (“Other Web Sites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products, services of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at Your own risk.

5.2. Subject to the provisions of the ECT Act and the CPA Act, the Owner shall not be liable for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.

5.3. You may not make (and You may not allow any third party to make) any reference to the Owner, the Platforms or the Platform Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the Owner in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party.

6. Intellectual Property

6.1. The Platform Content, including (without limitation) any software, icons, text, links, graphics, photographic images, sound clips, music, ring tones, ring back tones, SMS tones, video clips, artwork, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, trade names, logos, trade marks and service marks (collectively, the “Products”) are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the Owner and/or our licensors. Any unauthorised Use of the Platform Content is prohibited.

6.2. Subject to clause 2 above, You will not acquire any right, title or interest in or to the Platforms or the Platform Content other than those rights expressly granted to You in these Terms and Conditions. Your rights of Use are subject to these Terms and Conditions.

6.3. Where any of the Platform Content has been licensed to the Owner or belongs to any third party, Your rights of Use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and You agree to comply with such third party terms and conditions.

7. Your behaviour when Using the Platforms

7.1. You may not Use the Platforms to obtain or distribute:

7.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Owner;

7.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;

7.1.3. material which is defamatory, unlawful or contains hate speech; or

7.1.4. bulk e-mail, whether solicited or unsolicited.

7.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Platforms or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of the Platforms.

7.3. You are strictly prohibited from Using the Platforms for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

7.4. You may not intercept any information transmitted to or from the Owner or the Platforms which is not intended by the Owner to be received by You.

7.5. You must respect other users of the Platforms at all times.

7.6. You must not:

7.6.1. post, transmit or otherwise make available, through or in connection with the Platform anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;

7.6.2. harvest or collect personally identifiable information about other users of the Platform;

7.6.3. restrict or inhibit any other person from using the Platform (including hacking or defacing any portion of the Platform;

7.6.4.  use the Platform to advertise or offer to sell or buy any goods or services without the Owner’s express written consent; *reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Platform; and

7.6.5. create a database by systematically downloading and storing all or any Platform Content.

8. Registration

8.1. You may be required to register with the Owner in order to access certain (i) services offered by the Owner, or (ii) areas of the Platform. With respect to such registration:

8.1.1. we may refuse to grant you, and you may not use, (i) a user name (or email address) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that may belong to another person; (iv) that violates the intellectual property or other rights of any person; (v) that is offensive or (vi) that we reject for any other reason in our sole discretion.

8.1.2. Your username and password are for your personal use and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Platform, and agree not to transfer your password or user name, or lend or otherwise transfer your Use of or access to the Platform, to any third party. You are fully responsible for all interaction with the Platform that occurs in connection with your password or user name. You agree to immediately notify the Owner of any unauthorised use of Your password or user name or any other breach of security related to Your account or the Platform, and to ensure that You “log off”/exit from Your account with the Platform (if applicable) at the end of each session. The Owner shall not be liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

9. Variation of certain deeming provisions in the ECT Act

9.1. By Using the Platforms, You agree that these Terms and Conditions create a binding agreement between the Owner and You, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:

9.1.1. the agreement will be treated as if it was concluded at the Owner’s physical address detailed in clause 16.1 below on the date on which You first made any Use of the Platforms;

9.1.2. an electronic signature is not required by You or the Owner for purposes of agreeing to these Terms and Conditions. You agree that by Using the Platforms or the Platform Content this will be sufficient evidence of Your agreement to these Terms and Conditions;

9.1.3. any data message sent by You to the Owner will be deemed to have been sent from the Owner’s physical address detailed in clause 16.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa;

9.1.4. any data message sent by the Owner to You will be deemed to have been received by You at the Owner’s physical address detailed in clause 16.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa;

9.1.5. any communication sent to You by an information system programmed to operate automatically on behalf of the Owner will not be a data message attributable to the Owner or authorised by the Owner;

9.1.6. subject to clause 9.1.5 above and clause 16 below of these Terms and Conditions, a data message sent by You to the Owner will only be treated as having been received by the Owner when same is received in the Owner’s server; and

9.1.7. this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.

10. Competition Rules

10.1. The following rules shall apply to all competitions conducted through the Platform (“the Competitions”), unless other rules are specifically provided in relation to a competition:

10.1.1. the Competitions are only open to persons who are (i) natural persons, (ii) 18 years or older, and (iii) either South African citizens or permanently resident in South Africa;

10.1.2. all employees, directors, members, partners or agents of the Owner and/or its affiliated and associated companies, are not eligible to participate in the Competitions;

10.1.3. participation in the Competitions and any prizes redeemed are subject to these Terms and Conditions, which will be interpreted by the Owner in accordance with the contents hereof;

10.1.4. the Owners reserve the right to amend these Terms and Conditions at any time, without notice. The Owners will not be required to provide any reasons for any alteration or amendment of these Terms and Conditions;

10.1.5. the Owners shall not be liable to You or any third parties for any loss or damage, of any nature whatsoever, allegedly suffered by You as a result of your participation in any of the Competitions;

10.1.6. all information, rules or conditions relating to the Competitions, published in any publication or in any promotional or advertising material in any media, will form part of these Terms and Conditions;

10.1.7. any prizes redeemed pursuant to the Competitions are not transferable and/or negotiable;

10.1.8. in the event of a dispute, the decision of the Owner will be final and binding in all aspects of the Competitions, and no correspondence will be entered into;

10.1.9. You hereby indemnify the Owner, its associated companies, advertising and promotion agencies, and its directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with Your participation in any of the Competitions.

10.1.10. Your attention is drawn to the Owner’s Privacy Policy, the contents of which form part of these Terms and Conditions of Use.

11. The blog posts and opinion polls

11.1. Blog posts, opinion polls and bulletin boards may, from time to time, be made available on the Platform.

11.2. By You posting or publishing any content or comment on the blog posts, opinion polls and/or bulletin boards, You:

11.2.1. grant to the Owner a non-exclusive, transferable, sub-licensable, royalty free, irrevocable, world-wide licence to use, publish, disseminate, distribute, reproduce, adapt, and/or sub-licence such content on the Platform and/or to any of its affiliated publications and/or web sites and to use the content for, amongst others, its promotional, marketing and research purposes;

11.2.2. acknowledge and agree that while the Owner is unable to review all content posted in the blog posts, opinion polls and bulletin boards, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;

11.2.3. acknowledge that should You disclose Your personal information in any of the comments posted by You, Your personal information may be viewed, collected and/or used by any other party Using the Platform. In such circumstances, You agree that the Owner shall not be obliged to protect Your personal information or any other interest in law or otherwise, and You indemnify the Owner from any loss (whether direct, indirect or consequential) You may suffer as a result of any party being privy to Your personal information;

11.2.4. agree that You may use the blog posts, opinion polls and/or bulletin boards only for personal non-commercial purposes.

11.3. You further agree not to post or publicise:

11.3.1. any content which may be considered, amongst others, abusive, obscene, defamatory, pornographic or illegal;

11.3.2. off-topic content, or the same content in multiple blog posts;

11.3.3. any graphics, audio or JavaScript files; and

11.3.4. any content that may, in the opinion of the Owner, be seen as (without limitation) solicitation of funds or advertising of goods or services.

11.4. You acknowledge and agree that the Owner shall be entitled, in its sole discretion and for any reason, to prohibit You, from posting any comment on the blog posts, opinion polls and/or bulletin boards.

12. Interception and monitoring

You agree that Your communications on the Platforms may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by the Owner or any other competent authority.

13. Privacy Policy

Please click here to view the Privacy Policy.

14. Payments

If you make a payment on the Platform, you agree to our Payment Terms. Please click here to view the Payment Policy.

15. Variation of these Terms and Conditions

15.1. Subject to the variations or amendments provided for in terms of clause 15.2 below, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on either party unless that party has agreed to such variation or amendment in writing (which includes but is not limited to data messages and/or your clicking on the acceptance icon).

15.2. The Owner is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion (“Amended Terms and Conditions”). These Amended Terms and Conditions will be displayed on the Platforms. On the first occasion on which You Use the Platforms after the Amended Terms and Conditions have been displayed on the Platforms, if You continue to Use the Platforms after having had a reasonable opportunity to review the Amended Terms and Conditions, the Amended Terms and Conditions will immediately be treated as being effective and binding on You.

15.3. It is Your responsibility to access and familiarise Yourself with any Amended Terms and Conditions on each occasion that You make Use of the Platforms or the Platform Content.

16. Miscellaneous matters

16.1. Addresses for notices:

16.1.1. Except where stated otherwise in these Terms and Conditions, the Owner’s address for the service of any notice is:

postal address: Private bag X16, Rivonia, 2128

physical address: 1-8th Avenue, Wessels Rd, Rivonia.

Fax no: 011 234 6484

16.2. All notices to the Owner must be marked for the attention of the Platform Manager. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the Owner and also either delivered by hand to the physical address of the Owner or sent to the fax number of the Owner.

16.3. Notices given to the above addresses will only be deemed to have been duly given:

16.3.1. 14 days after posting, if posted by registered post to the Owner’s postal address;

16.3.2. 3 days after delivery, if delivered by hand to the Owner’s physical address;

16.3.3. 3 days after confirmed successful transmission, if sent to the Owner’s fax number.

17. Disputes, claims and legal proceedings

17.1. Any dispute declared between You and the Owner arising out of or in connection with these Terms and Conditions or the Use of the Platform or the Platform Content, including after termination, cancellation or amendment of these Terms and Conditions such dispute will be adjudicated in the Magistrate’s Court having the necessary jurisdiction to do so. This clause will continue to apply after termination, cancellation or amendment of these Terms and Conditions.

17.2. You and the Owner agree that both parties are entitled, but not obliged, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Platform or of the Platform Content, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over You or the Owner, even though the cause of action in question exceeds the jurisdiction of that court.

17.3. Neither You nor the Owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.

18. Costs

In the event that is becomes necessary for a party (“the Innocent Party”) to these Terms and Condition to institute any legal proceedings against the other party (“the Guilty Party”) in order to enforce any provision of these Terms and Conditions, any and all costs, including legal costs on attorney and own client scale and value-added tax, incurred by Innocent Party arising out of Your Use of the Platforms or the Platform Content, or a breach of these Terms and Conditions, will be borne by the Guilty Party.

19. Assignment

19.1. You may not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

19.2. The Owner may not cede, assign or transfer any of the Owner’s rights and obligations in these Terms and Conditions without Your prior written consent, which consent shall not be unreasonably withheld.

20. Interpretation

20.1. The clause headings in these Terms and Conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these Terms and Conditions.

20.2. Any reference in these Terms and Conditions to the singular includes the plural and vice versa. Any reference in these Terms and Conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.

20.3. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:

20.3.1. defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions;

20.3.2. not defined in these Terms and Conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.

20.4. A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.

20.5. In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

20.5.1. References to “writing” or notices “in writing” by the Owner in these Terms and Conditions does not only include writing on paper signed in ink by an authorised representative of the Owner and specifically includes any writing which may be in electronic form.

20.5.2. No relaxation or indulgence which either party may grant to the other will be deemed to be a waiver of any of the indulgent party’s rights in these Terms and Conditions or in law.

20.5.3. In the event of any conflict between these Terms and Conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail.

20.5.4. The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or the Owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of You or the Owner nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.