Terms and Conditions

These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of food, online ordering and Telephone Service.

These Terms and Conditions are binding and enforceable against every person that accesses the Site or Telephone Service, including, without limitation, each user who registers as contemplated below. By using the Site or Telephone Service, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the Site or Telephone Service if you do not agree to the Terms and Conditions.

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

• may limit the risk or liability of Steers^® or a third party; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify Steers^® or a third party; and/or
• serve as an acknowledgement, by the user, of a fact.

• Certain products or promotions are only redeemable at participating Steers^® restaurants in Zimbabwe.
• Steers^® reserves the right to amend or stop a promotion at any time.
• Promotions are available for a limited time only.
• Certain offers are limited to one per customer or have a minimum order applied, per participating restaurant, within the specified period.
• Portion weights are raw weights.
• Visuals are for illustrative purposes only, and size and appearance may vary.
• All offers available while stocks last and substitutes are at the discretion of the restaurant.
• Prices are subject to change without prior notice.
• Should you be allergic to any food items, please request information regarding the ingredients before placing an order.
• Some food items have traces of nuts and sesame seeds, and are made using dairy products and wheat gluten.
• All food items are prepared in the same kitchen.

WACKY WEDNESDAY

• Offer is order one Classic Beef Burger for USD 4 and get one free.
• Offer available on Wednesdays only.
• Subject to availability. While stocks last.
• Substitutions are at the discretion of the restaurant and may be charged for.

• All lines except dessert are delivered from Steers Stores
• Wacky Wednesday is also delivered
• Download Dial a Delivery App Now

• Steers^® VOUCHERS
• All vouchers must be redeemed within the specified dates on the voucher.
• Expired vouchers cannot be redeemed.
• Vouchers cannot be exchanged for cash.
• Steers^® is not responsible if a voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
• Misuse constitutes fraud.
• No change will be given on vouchers.

• Steers^® makes every attempt to identify ingredients that may cause allergic reactions (milk, soy, sesame seed, soya, garlic, gluten and sulphites). There is, however, always a contamination risk as we use products such as eggs in our kitchen. Although we have strict cross contamination policies and we are a peanut "free" facility, we cannot guarantee a total absence of these products, therefore any customer with an allergy should be aware of the risk and should ask a member of the team for information on the allergen content of our food.

• ®Coca-Cola, the Dynamic Ribbon Device and Coke are registered trademarks of The Coca-Cola Company© 2019.

All trademarks, trade names, logos and graphics which are a part of the Steers^® website, menu or any other promotional material, apart from those that form part of entities not controlled by Famous Brands and its subsidiary companies, remain the exclusive property of Famous Brands and its subsidiary companies. Without prior written consent from Famous Brands they may not be copied, distributed, reproduced or transmitted in any form or by any means, electronic or otherwise.

Access to Steers^® Delivery or Call Centre may be suspended, temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our Steers^® reasonable control. Steers^® disclaims all liability for any malfunction, suspension or interruption of the Site or hotline, including inaccessibility due to network problems. Reasonable efforts have been made to ensure that the website, our server and systems are virus-free but cannot guarantee that this is the case. It is recommended that virus protection software be utilised.

We operate the Sites as extensions of our information, education, and marketing initiatives. Information about the Sites may be found on the Site concerned. You may be required to register on the Sites if You wish to access the Sites. Registration is achieved using a registration form available on the Sites (where You register with the Social Networks to Access the Branded Sites You grant permission to the Social Networks to pass certain of Your personal information to Us to enable You to Access the Sites). Registration with the Social Networks is subject to the Social Networks’ Terms of Use.

When You register on the Sites, You may be asked to select a username and password which You will use to secure your account. Once registered, You will be able to log in to your account using Your username and Your password or Your relevant account information with Your preferred authentication service. To complete the registration process, You may be required to submit information about yourself and Your preferences to Us (‘Registration Data’). The use of Your Registration Data is dealt with in our Privacy Policy below, which, for the avoidance of doubt, forms part of these Terms and Conditions.

You warrant that the Registration Data is accurate, current, and complete (this includes Registration Data We may receive from the providers). You will be denied access to the Sites should You breach this warranty or subsequently be found to have breached this warranty.

We may take steps to verify your Registration Data once You have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by 3^rd parties (including, but not limited to the Social Networks), which may be required to reasonably complete the verification process. You acknowledge and agree that access to the Sites may be limited until the verification process has been completed.

Should You not agree to the verification process as contemplated above or withhold your consent, Your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us, Steers Associates, Our officers, directors, employees, servants, agents, and/or contractors arising out of Our denial of Access to You to the Sites.

You agree that the security of Your account is solely Your responsibility.

You further agree that:

• You are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current, and complete
• If You believe that information or content posted to the Sites infringes on any person's rights in any way, you will notify Us immediately
• If You believe the security of your registration on the Sites has been compromised in any way, you will notify Us (in the case of This Website) or the relevant provider (in the case of the Branded Sites) immediately
• You shall be held fully responsible for any misuse or compromise to your account, which We are not properly notified about
• If any security violations are believed to have occurred in association with your account, We reserve the right to suspend access to Your account pending an investigation and resolution

The User warrants that all orders for Goods placed with the Users account are made by the User or with the Users express consent and that the User will be responsible for the payment of any orders for Goods in respect of the User's account.

These Social Terms apply to all Communications which originate from or reference Steers, their affiliates, or subsidiaries. These Terms and Conditions are to be read in conjunction with the General Website Terms and Conditions. Your Communications access use and/or consumption is subject to these Social Terms. If you do not agree to be bound by these Social Terms you should not access, use, and/or consume the Communications or any other form of communication these Social Terms govern.

Interpretation

Below are several terms and phrases which are used in these Social Terms and which have specific meanings for these Social Terms:

• ‘Communications’ means messages, notices, documents and/or other materials which are published to or disseminated through the Social Networks
• ‘Contractors’ means any legal or natural person who is contracted to render services or provide products to Steers and who is not an Employee of Steers (‘Contractor’ has a corresponding meaning)
• ‘Employees’ means Steers Employees (‘Employee’ has a corresponding meaning)
• ‘Steers’ means Steers (Proprietary) Limited, a company with limited liability incorporated following the company laws of the Republic of South Africa (registration number 2001/004345/07) and the licensee for the Steers trademark, system and system property in Africa
• ‘Social Networks’ means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook, WhatsApp and Twitter
• ‘Social Terms’ means the terms and conditions set out in this document
• ‘This Website’ means Steers website located at https://Steers.co.za

Communications purpose

The Communications are intended to provide general information regarding Steers, its products, goods, and services, and other information which may be of interest to you. The information presented in or through the Communications including all research, opinions, or other content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services. Steers does not act or purport to act in any way as a financial advisor or a fiduciary capacity. Before making any decision or taking any action which might affect your finances or business you should take appropriate advice from a suitably qualified professional or financial adviser. Communications may include technical, typographical, or other inaccuracies and you are urged to contact Steers to confirm all information contained in the Communications before placing any reliance on it. Changes are periodically made to the information presented through the Communications and these changes may be incorporated in new Communications. Steers reserves the right to alter or amend any criteria or information set out in the Communications without notice. If the Communications contain statements or information which relate to projections, plans, or objectives or future economic performance you should be aware that these projections are only predictions and that actual events or results may differ materially. Representations and opinions are provided for information purposes only.

Confidentiality

The Communications may contain information that is confidential, private, or privileged. If you are not the intended recipient of this information (or the intended recipient's authorised representative) you must:

• Notify Steers of this fact immediately by email, fax, or telephone and delete the Communication from your system, where appropriate
• Refrain from storing, printing, copying, forwarding, extracting, or disclosing any information contained in the Communication or any part thereof
• Refrain from reading, storing, using, selling, or incorporating any information contained in the Communication into any database or mailing list for whatever reason, including for, but not limited to, purposes of spamming or marketing

Failure to do so may amount to the unlawful interception of the communication; breach of privilege and/or confidentiality; the infringement of copyright and/or the infringement of the right to privacy, thus potentially exposing you to both criminal and civil liability.

Amendments

Steers reserves its right to amend or wholly replace these Social Terms. You agree that you remain solely responsible for reviewing these Social Terms, as amended from time to time, and satisfying yourself that you remain in agreement with these Social Terms. Amendments to the Social Terms will be placed on this Website and a notice will be placed on this Website alerting the consumer to the amendments. If you do not agree to be any amendment or replacement of the Social Terms you should not continue to access, use, and/or consume the Communications or any other form of communication these Social Terms govern.

Liability limitation

Neither Steers, their affiliates or subsidiaries, the communication’s originator, or any other Steers representative shall be liable for any loss, damage, or expense of whatever nature (including without limitation that caused by the corruption or loss of data, damage, to software programs and interruption of business operations) resulting directly or indirectly from the transmission of the communication (including without limitation any malicious software code or viruses transmitted together with or obtained through the communication, or any corruption to or loss of data caused or facilitated by the communication).

The views and opinions expressed in the communication do not necessarily reflect Steers views and opinions. No employee or contractor is permitted to send (and you agree that Steers shall not be liable or responsible for):

• Unsolicited commercial messages where recipients of unsolicited email have not specifically opted to receive or, having done so, have indicated their unwillingness to receive further unsolicited email (‘spam’)
• Messages that infringe any 3^rd party's copyright, trademarks, or other rights and interests (‘infringing content’)
• Messages containing content that is offensive, derogatory, racist, defamatory, or otherwise unlawful (‘offensive content’)
• If the communication constitutes spam, contains infringing content, or offensive content, or was otherwise sent for purposes unrelated to the official business of Steers, Steers shall not be liable for any loss, damage, or expense of whatever nature, howsoever arising resulting your receipt, use and/or consumption of the email

No contract

You agree that you may not rely on the Communication, either wholly or in part, as constituting a contract between you and Steers (or otherwise has any contractual significance whatsoever) unless Steers expressly states, in writing, that the Communication is intended for such purposes.

You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful, or immoral purposes or for purposes prohibited by these Terms and Conditions.

You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules, and regulations regarding Your conduct on the Sites, as well as the providers’ terms.

You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:

• Engage in any abuse of email or spamming, including, without being limited to the Posting or cross-posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who You may be connected to using 3^rd party services (including, but not limited to the Social Networks) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us)
• Engage in any activity intended to entice, solicit, or otherwise recruit website users to join an organisation except where We expressly authorise such activities in writing
• Take any action aimed at deceiving or misleading any person, attempt to impersonate, or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers to disguise the origin of anything Posted through the Sites
• Use the Sites to Post anything defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful, or which carries child pornography, religious, or racial slurs, or threatens or encourages bodily harm or the like, or which may violate any person's personality rights
• Use the Sites to make fraudulent offers to sell or buy products, items, or services, or to offer or solicit for any type of scam such as ‘pyramid schemes’ and ‘chain letters’
• Use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property)
• Use the Sites in any manner which could damage, impair, overburden, or disable the Sites or interfere with any other party's Access to the Sites
• Use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether damage is intended
• Gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about 3^rd parties without their knowledge or consent
• Violate the privacy of any person or attempt to gain unauthorised access to the Sites or any other network, including (without being limited to) through hacking, password mining, or any other means
• Otherwise use the Sites to engage in any illegal or unlawful activity

Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:

• Without notice, suspend or terminate your access to the Sites to the extent your Access to the Sites is within our control
• Hold You liable for any costs or damages We incur as a result of your misconduct
• Notwithstanding our Privacy Policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by your actions
  
  

Our licence to You

We grant You a personal, revocable, worldwide, royalty-free, non-commercial, non-transferable, and non-exclusive licence to access the Content on the Sites. This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event We revoke this licence, you may no longer access the Sites or the Content on the Sites.

You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing.

Unless We have given You specific written permission to do so, you may not transfer, through an assignment of rights, sublicence or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting, or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary, and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

You acknowledge that You do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting, or publishing that Content except where explicitly permitted to do so.

Caching (generally being storage of information/data for later use or Access) of the Sites shall only be permitted if:

• The purpose of caching is to make the onward transmission of the Content from the Sites more efficient
• The cached Content is not modified in any manner whatsoever
• The cached Content is updated at least every 12 (twelve) hours
• The cached Content is removed or updated when We so require

Your licence to Us

We do not claim any ownership rights in the Content that You Post to the Sites. You retain any rights that You may already have in your Content when You Post your Content to or otherwise access the Sites, subject to the limited licence You grant to Us.

By posting any Content on or through the Sites, You grant Us an irrevocable, non-exclusive, commercial, fully-paid, royalty-free, transferable, and worldwide licence to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise, or otherwise distribute such Content on or through the Sites, including without limitation, distributing part, or all of the Sites or Content in any media formats and through any media, partners' or affiliate channels, and make use of the Content in our advertising campaigns.

The licence You grant to Us means that:

• You are free to licence your Content to anyone else in addition to Us
• We may make commercial use of your Content or otherwise commercialise your Content
• We are not required to pay You for the use of the Content You Post to the Sites
• We can use our affiliates, subcontractors and other partners (such as Internet content delivery networks and wireless carriers) to grant access to the Sites
• The licence extends to anywhere in the world because of the global nature of the Internet and the fact that our users can access the Content from anywhere in the world

General issues You should be aware of:

Because You can only lawfully licence Content You have certain rights in, you represent and warrant that:

• You own the Content You Posted on or through the Sites or otherwise have the right to grant the license outlined in this section
• Posting your Content on or through the Sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity

Steers.co.za uses all features of Analytics for ‘Display Advertisers’ this allows us to collect certain information and to provide visitors (You) with tailored information upon each visit. This includes obtaining specific visitor cookie data, such as the source, medium, and keyword(s) used to visit this Website. Google Analytics however does not store any visitor specific data and We will not use visitor specific data in any way related to Analytics, Google AdWords, and Remarketing. Cookies are a common part of many commercial websites that allow small text files to be sent by a website, accepted by a web browser and then placed on your hard drive as recognition for repeat visits to the site. Every time You visit this Website, our servers, through cookies, pixels and/or GIF files, collect basic technical information as described.

You do not need to enable cookies to visit this Website; however, some parts of this Website and some services may be more difficult or impossible to use if cookies are disabled. We may also use cookies on this Website to identify an index key with Our e-cards (online postcards). The web servers may also automatically identify your device by identifiers like IP or MAC addresses. We may use this information for a variety of business purposes, including to analyse trends, administer this Website, track Users’ and Unique Users' movements and gather broad demographic information for aggregate use.

Steers.co.za uses remarketing with AdWords and Analytics to display content-specific advertisements to visitors that have previously visited this Website when those visitors go to other websites that have the Display Network implemented.

Steers.co.za and other 3^rd party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and 3^rd party cookies together to inform, optimise, and serve ads based on visitor’s past visits to Our Website.

We take our Users’ privacy very seriously. We feel that certain personal information should always be kept private, so We have developed restrictions around the types of ads where We don’t allow remarketing. When creating remarketing lists, we cannot use any sensitive information about Users. This includes information such as their financial status, sexual orientation, and other sensitive categories. As AdWords advertisers, we are restricted from and will not perform the following actions:

1. Running ads that collect Personally Identifiable Information including, but not limited to, email addresses, telephone numbers, and credit card numbers
2. Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as ‘prohibited’ in the categories below

Visitors/Users can opt-out of Analytics for Display Advertisers and opt-out of customised Google Display Network ads by visiting the Ad Preferences Manager

Creation, migration, and use of remarketing lists

We must have all rights necessary to create or otherwise obtain Remarketing Lists, migrate Remarketing Lists to, and use Remarketing Lists or Similar Audience Lists on the Properties. Google will not allow another advertiser to use your information in the Remarketing Lists or Similar Audiences Lists without your consent.

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure, and access accounts required to access the Sites.

ECT Act

Access to the Content on or through this Website and this Website itself are classified as ‘electronic transactions’ in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We must disclose the following information:

• Our full name: FAMOUS BRANDS MANAGEMENT COMPANY (PTY) LTD
• Registration number: 2001/004345/07

• Street address: 478 JAMES CRESCENT, MIDRAND, 1685

• Postal address: PO BOX 2884, HALFWAYHOUSE, MIDRAND, 1685
• Physical address for receipt of legal service: 478 JAMES CRESCENT, MIDRAND, 1685
• Attention: Company Secretary: LAURA FUTTER
• Main business: FRANCHISED, BRANDED FOOD SERVICE RESTAURANTS
• Website address: STEERS.CO.ZA
• Official email address: STEERS@STEERS.CO.ZA
• Governing Terms and Conditions: These Terms and Conditions
• Manual in terms of the Promotion of Access to Information Act 2 of 2000: Refer to the Access to Information Policy on the Website
• Directors: NTLHA KELEBIGILE AND HELE DARREN PAUL
• Costs associated with the Access to and use of this Website: There are no costs associated with Access to this Website
• Dispute resolution: See clause above
• Cooling off period: The cooling off rights under section 44 of the ECT Act does not apply in terms of section 42 (C) of the ECT Act insofar as the electronic transaction applies to the supply of foodstuffs, beverages, and other goods intended for everyday consumption supplied to the home, residence, or workplace of the consumer
  
  

Disclaimers and limitation of liability

(‘We’ and ‘Us’ in the context of this disclaimer and limitation of liability includes Steers, their affiliated companies and subsidiaries). Your use of and reliance on the sites is entirely at Your own risk. The sites are provided ‘as is’.

Although We take steps to verify information presented on or through the sites, We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to, or distributed through the sites or the content other users may publish to the sites. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors, or omissions on the sites without notice to you. Information, ideas, and opinions expressed on or through the sites should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on such information.

To the fullest extent permissible by applicable law, We disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the Sites (or the Sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the Sites. Whilst We take reasonable precautions in our operation of the sites, You agree that neither We nor Steers associates shall be liable in respect of any loss, damage, or damages however arising and whatever the cause, in particular, according to and in furtherance of these terms and conditions, your access to the Sites or from Your inability to access the Sites. We will use reasonable endeavours to make the Sites available to You and always keep the Sites available to You. However, You agree that We shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or Your access to the Sites (either in part or as a whole) for any reason whatsoever.

If We are found to be liable, our liability to the user or any 3^rd party in any circumstances is limited collectively to R5 000.00 (five thousand rand).

Indemnity

You hereby indemnify Us and Steers associates from any loss, damages, liability, claim, or demand due to or arising out of Your use of the Sites or breach by You of these Terms and Conditions. We are not responsible for files and data residing on Your account or for any contributions You may have made to the Sites. You agree to take full responsibility for files and data transferred and Your content, as well as to maintain all appropriate backup of files and data stored on our servers.

Rights infringement

If You are of the view that Your rights have been infringed through the unlawful use of the Sites by registrants or 3^rd parties, You may address a complaint to Us which satisfies the following requirements and/or contains the following information:

• The full names and address of the complainant
• The written or electronic signature of the complainant
• Identification of the right that has allegedly been infringed
• Identification of the material or activity that is claimed to be the subject of unlawful activity
• The remedial action required to be taken by the service provider in respect of the complaint
• Telephonic and electronic contact details, if any, of the complainant
• A statement that the complainant is acting in good faith
• A statement by the complainant that the information in the takedown notification is to his/her knowledge true and correct

Please either contact Us on the Sites or address your communications to:

Email address: info.steers@steers.co.za

Customer Care Line: 0860 22 55 87

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or 3^rd party. We reserve Our rights to take further action should any offensive language or defamatory comments be directed to Steers or the Steers Associates or the brand in general.

Dealings with 3^rd parties

Links to and from the sites and to other websites belonging to or operated by 3^rd parties (‘linked websites’) do not constitute our endorsement of such linked websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions, which will govern your relationship with such 3^rd party.

We have no control over linked websites and you agree that we are not responsible or liable for any content, information, goods, or services available on or through any such linked websites or for any damage, damages, or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods, or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.

Your interaction, correspondence, or business dealings with 3^rd parties, which are referred to or linked from or to the sites is similarly entirely at your own risk and are solely between you and such 3^rd party, including the acquisition, disposal, payment, and delivery of any goods or services, and any terms, conditions, warranties, or representations associated with such interaction, correspondence, or business dealings.

Arbitration

If any dispute arises between Us regarding any provision of these Terms and Conditions, or its application or termination, then We agree that We will attempt to resolve our dispute informally through cooperation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended period as We may agree to with You.

If We are unable to informally resolve our dispute, that dispute shall be finally resolved following the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.

To the maximum extent permissible by applicable law: (i) This clause shall constitute your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw your consent or to claim that You are not bound by this clause. We may, at Our discretion, waive this clause and permit Our dispute to be resolved using an alternate dispute resolution process; (ii) Any award that may be made by the arbitrator:

• Shall be final and binding
• Will be carried into effect
• May be made an order of any court to whose jurisdiction the parties to the dispute are subject
• Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from applying to the court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

Governing law and jurisdiction

This Website is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern This Website and these Terms and Conditions. You consent to the jurisdiction of the High Court of the Republic of South Africa, Gauteng Provincial Division held at Johannesburg, South Africa in respect of disputes which may arise out of your Access to This Website and these Terms and Conditions. To the maximum extent permitted by applicable law, You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court (if We exercise proceedings in such Court) even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid, or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

Termination

If You breach any of these Terms and Conditions, We may immediately, automatically, and without notice to You, terminate your access to the Sites, and/or prohibit your future access to the Sites, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of Our rights in this regard are expressly reserved.