1. This website (“the Website”) is owned and operated by Queenspark Proprietary Limited (Registration Number: 2001/022975/07) (a private company incorporated in the Republic of South Africa) (“Queenspark”). Your access and/or use of this Website constitutes your agreement, or should you be a person under the age of 18 (Eighteen) (“minor”) accessing and/or utilizing this Website, your agreement, duly assisted by your parent or guardian (as the case may be and in the manner contemplated in clause 4 below), to be bound by the terms and conditions set out hereunder (“the Terms and Conditions”). All rights in and to the content of this Website remain at all times expressly reserved.
2. The terms “user”, “you” and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever.
3. The Website is intended to provide information to users regarding Queenspark and certain products offered for sale in retail stores operated by Queenspark, to facilitate the receipt by users of marketing material from time to time, to enable users to apply for credit facilities with RCS Cards (Pty) Ltd (as principal), to enable users to peruse and comment on the Queenspark blog, to enable users to enter into various promotional competitions and to further enable users to make contact with Queenspark from time to time.
4. Please note that minors may only access and utilize this Website with the consent of such minor’s parent or guardian (as the case may be). By permitting a minor to access and/or utilize this Website, the parent or guardian (as the case may be) of such minor is deemed to have assisted the minor in entering into these Terms and Conditions.
5. Intellectual property protection
5.1 All trade marks, copyright (including in respect of all products displayed on this Website), database rights, information, artwork, graphics and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code, the domain names “queenspark.com” and “queenspark.co.za” and the trade marks “Queenspark”, “J Crew”, “C.N”, “Cath.Nic”, “Aura”, “Plus Collection” and “Queenspark Plus” (collectively, “the intellectual property”) are owned (or co-owned, as the case may be) by Queenspark, its shareholders, associates and/or service providers whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of Queenspark first being had and obtained, which consent may be refused at the discretion of Queenspark. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis from time to time. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to Queenspark at firstname.lastname@example.org.
5.2 Queenspark grants to users a personal, non-exclusive, non-assignable and non-transferable license to view, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Queenspark.
5.3 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa (“RSA”) or other jurisdiction from which you are accessing this Website.
5.4 In particular, you agree that you will not:
5.4.1 post, transmit or disseminate any information (including, but not limited to, any text, editorial content, photographs, graphics, videos and/or sound recordings) on or via this Website which:
188.8.131.52 contains any obscene, indecent or offensive language and/or graphics;
184.108.40.206 is, or may be, false, abusive, hateful, harmful, obscene, defamatory or otherwise illegal;
220.127.116.11 any party other than yourself holds any rights to (including any intellectual property rights) without the necessary permission of such party first being had and obtained (which shall include, in respect of intellectual property rights, such party having granted you a license to utilise any such intellectual property rights);
18.104.22.168 is encrypted, or constitutes junk mail or unauthorised advertising;
22.214.171.124 encourages conduct that is, or may, constitute a criminal offence or give rise to any civil liability of Queenspark of whatsoever nature, or that otherwise violates any South African, or international, law or regulation (including, without limitation, the Consumer Protection Act 68 of 2008 and any regulations thereto);
5.4.2 use this Website in a manner which causes or may cause an infringement of the rights of any other person;
5.4.3 use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere, electronically or manually with the operation or functionality of this Website, including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
5.4.4 deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.
5.5 By posting or submitting information (including any comments) on, or to, this Website, you warrant that any such information submitted or posted by you (as the case may be) to or on the Website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right. Any comments uploaded by users constitute the opinions of such users and do not in any way represent the views, beliefs, opinions or values of Queenspark. Queenspark reserves the right to moderate (and it its sole discretion remove) any comments uploaded by users from time to time.
5.6 Without prejudice to any of Queenspark’s other rights (whether at law or otherwise), Queenspark reserves the right to deny you access to this Website where Queenspark believes (in its sole discretion) that you are in breach of any of these Terms and Conditions.
5.7 Queenspark reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice.
6. Receipt and transmission of data messages
6.1 Data messages, including e-mail messages and messages sent via this Website, sent by users to Queenspark shall be deemed to be received only when acknowledged or responded to.
6.2 Data messages sent by Queenspark to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
6.3 Queenspark reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
6.4 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Queenspark is therefore not responsible for accuracy of any message sent over the internet – whether from Queenspark to you or from you to Queenspark.
7. Personal Information
7.1 We collect, collate, process, export and use the following types of information about you when you use this Website:
7.1.1 information provided by you. We may collect personal information (that is information about you that is personally identifiable like your name, e-mail address, phone number(s) and other unique information that is not otherwise publicly available) to the extent that you provide us with same; and
7.1.2 information posted by you to the Website, such as text, photographs, graphics, videos, sound recordings, to the extent that you provide us with same; and
7.1.3 information that is collected automatically. Queenspark receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (as contemplated further in clause 7.2 below), your Internet Protocol (“IP”) address, browser type, web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies), embedded web links, and other commonly used information-gathering tools. These information gathering tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Queenspark may also use some of these automatic information-gathering tools in connection with certain emails sent from Queenspark and therefore may collect information using these tools when you open the email or click on a link contained in the email.
7.2 The provisions of this clause 7, as read with these Terms and Conditions as a whole, detail, amongst other things, the purposes for which your personal information will be collected. In order to fully utilise the Website it may be mandatory for you to first provide us with certain of the personal information detailed herein. In the event that you fail to provide us with your personal information (to the extent that same is, in fact, required for you to access or utilise this Website or any portion thereof or to access any service therefrom) you may not be able to take full advantage of, or in certain cases access or utilise, this Website.
7.3.1 first party cookies are cookies written or downloaded to your computer’s hard drive by Queenspark. In relation to first party cookies, Queenspark has activated the Google Analytics Demographics and Interest Reporting Feature. You can opt out of this feature by visiting Google’s Ad Preferences Manager. You can also prevent your data from being used by Google Analytics by using the Google Analytics Opt-out Browser Add-on. Queenspark may link information stored in cookies such as your age, gender, interests and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and their ages, genders and interests. Please note the further provisions below in this regard;
7.3.2 third party cookies are cookies written or downloaded to your computer’s hard drive by external websites whose services may be used via the Website. Cookies of this type that have been set are the various buttons contained in the Website that allow you to share content on various social networks, such as ShareThis, Twitter, Instagram, LinkedIn, Pinterest, Google+ and Facebook. In order to implement these buttons and connect them to the relevant social networks conducted via external websites, there are scripts utilised from external websites. Please be aware that these external websites may be collecting information about your actions on the internet, including on this Website. Please have regard to the respective policies of each of these external websites in this regard to determine precisely how your information is utilised and to find out how to opt-out from their utilization of, or to delete, such information.
7.4 Our advertising partners may set and access cookies or use other technologies such as web beacons in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies.
7.5 Use and disclosure of information
7.5.1 Queenspark may use your information (including information collected automatically, such as your IP address and information stored via cookies) to, amongst other things:
126.96.36.199 communicate with you about ourselves and/or various products and/or services;
188.8.131.52 provide service and support;
184.108.40.206 update you on new products, services and benefits;
220.127.116.11 provide promotional offers;
18.104.22.168 select content to be communicated to you;
22.214.171.124 allow you to participate in promotional competitions and surveys;
126.96.36.199 contact you for market research regarding products or services;
188.8.131.52 allow you to access this Website through the use of specially designed application software;
184.108.40.206 better understand our users, including the demographics of our users;
220.127.116.11 to gather statistics and data (including in relation to your age, gender and interests and the number, and demographics, of people who visit our Website);
18.104.22.168 improve the quality of our service and products;
22.214.171.124 optimize and inform your Website experience;
126.96.36.199 customise our Website content, layout and services.
7.5.2 In addition, Queenspark may use information about your product and/or service interests and promotional competition entries to help us improve the Website design.
7.5.3 Queenspark may use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are.
7.5.4 If you have opted to sign up for our newsletter, then Queenspark will use your e-mail address to send same to you from time to time.
7.5.5 If you have opted to sign up to receive SMS notifications from us, then Queenspark will use your phone number to send same to you from time to time.
7.5.6 Queenspark may share the information collected automatically, such as your IP address and information stored via cookies with third parties.
7.5.7 Advertisements may be delivered to you by our advertising partners. Queenspark may transfer information about your use of the Website, such as your IP address and information stored via cookies (as noted above), to our advertising partners. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.
7.5.8 Queenspark’s advertising and promotions partners have no access to your name or personal contact information (to the extent that same is stored by us) unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement (to the extent applicable).
7.5.9 Queenspark may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing and/or marketing our products and services to you.
7.5.10 Queenspark will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of Queenspark, its affiliates or the public. Queenspark may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so.
7.5.11 Queenspark reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity.
7.5.12 By posting any information to this Website (including, but not limited to any text, photographs, graphics, videos and/or sound recordings) you grant to Queenspark any all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion.
7.5.13 Circumstances may arise where, whether for strategic or other business reasons, Queenspark decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers and Queenspark will use its reasonable endeavors to seek reasonable protection for information in these types of transactions.
7.6 Access to and accuracy of your information
7.6.1 Queenspark strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Queenspark provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
7.6.2 To protect your privacy and security, we will also take reasonable steps to verify your identity. To change the personal information that you directly provided to Queenspark you can contact Queenspark at telephone: 021 460 9400; facsimile: 021 460 9575 or e-mail: email@example.com.
7.6.3 You are entitled to request access to any relevant personal information held by the Queenspark as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of your rights.
7.7 Queenspark does not voluntarily subscribe to the principles outlined in section 51 of the Electronic Communications and Transactions Act 25 of 2002 (as amended).
8. Monitoring and interception of data messages
In order to provide a relevant and secure service and to promote the secure and efficient operation of the Website, Queenspark may monitor and/or intercept electronic communications such as e-mails and other data messages which are sent to Queenspark or via this Website. To the fullest extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
9. Hyperlinks, deep links & framing
9.1 This Website may include links to, or frames of, other internet sites (“the other sites”). Queenspark does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through those other sites. Any such hyperlinks or frames do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
9.2 Your access and use of the other sites remains solely at your own risk.
9.3 Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray Queenspark or its directors, shareholder, or any related or interrelated persons (as defined in section 2 of the Companies Act 71 of 2008, as amended) to Queenspark, its directors, shareholder, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the home page of this Website may only be used with Queenspark’s prior written consent. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of Queenspark.
10. Advertising on the Website
10.1 No information contained on this Website is intended to constitute an offer of any kind by Queenspark, but merely constitutes an invitation to the user to do business with Queenspark at one of its retail stores.
10.2 All products and prices displayed on this Website are for advertising purposes only, may include certain products that are not yet available in Queenspark stores and all such products are nevertheless subject to availability in Queenspark stores at the specified in-store price. All prices shown on the Website are quoted in South African Rands. We reserve the right to change or discontinue products or product lines and/or to change the prices and/or specifications of our products and services from time to time without notice.
10.3 This Website contains advertising and various other marketing related materials. Any third party advertisers (to the extent applicable) are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.
10.4 Queenspark, its directors, shareholder and any related or interrelated persons (as defined in section 2 of the Companies Act 71 of 2008, as amended) to Queenspark, its directors and shareholder (collectively, the “Queenspark Related Parties”), its employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
11. RCS Cards
Users are able to apply for credit facilities with RCS Cards (Pty) Ltd (“RCS”) via this Website. It is recorded that any credit facilities granted to the user by RCS are granted by RCS as principal. Accordingly, if any user has any query or complaint in relation to any credit facility granted to the user by RCS (including in relation to their account with RCS) they are required to contact RCS directly via email at Queenspark@rcsgroup.co.za. Alternatively, the user can contact Queenspark on 021 460 9400 or firstname.lastname@example.org and Queenspark will place the user into direct contact with RCS. The Queenspark Related Parties accept no liability whatsoever for any loss, whether direct or indirect, consequential or otherwise arising from the grant by RCS to any user of any credit facilities or the use of any such credit facility by any user.
12. Promotional competitions
The following rules detailed in this clause 12 (“the Rules”), as supplemented by any other rules which are specifically provided in any offer to participate in a particular Competition (“the Supplemental Rules”), shall apply to each competition conducted by Queenspark (“the Competition”). In the event of a conflict between the Rules and the Supplemental Rules, the Rules will prevail:
12.1 The Supplemental Rules in respect of each particular Competition will, to the extent that same is not detailed in these Rules (whether in part or in full), detail (amongst other things):
12.1.1 the prize(s) in respect of such Competition, subject to clause 12.7 below; and/or
12.1.2 the steps required to accept the offer or to participate in the Competition; and/or
12.1.3 the number of entries permitted by a single entrant to such Competition; and/or
12.1.4 the basis on which the results of such Competition will be determined; and/or
12.1.5 the closing date for entries into such Competition; and/or
12.1.6 the date on which and the medium through or by which, the results of the Competition will be made known; and/or
12.1.7 any person from whom, any place where and the date and time on or at which:
188.8.131.52 a person may obtain a copy of the Competition rules (being these Rules, as supplemented by the Supplemental Rules); and/or
184.108.40.206 a successful participant in the Competition may receive any prize.
12.2 Each Competition may only be entered into by users who are over the age of 18 years old and who are resident in the RSA. To enter the competition users must comply with the eligibility and entrance requirements detailed in the Supplemental Rules.
12.3 Winners of each Competition will be randomly selected.
12.4 In the event of a dispute in respect of any aspect of the Competition, Queenspark’s decision is final and no correspondence will be entered into.
12.5 No persons who are directors, members, partners, employees or agents of, or consultants to Queenspark, its marketing service provider(s) utilised in connection with a particular Competition, any supplier of goods or services in connection with a particular Competition, any other person who directly or indirectly controls, or is controlled by, them, or any spouse, life partner, parent, child, brother, sister, business partner or associate of any of such persons, may enter such Competition.
12.6 Each prize won in terms of a particular Competition is as stated, non-refundable, non-transferable, non-exchangeable and may not be redeemed for cash. To the maximum extent permitted in law, Queenspark excludes liability for any defects in the prize.
12.7 The prize for a particular Competition shall be the prize detailed in the offer to participate in such Competition.
12.8 To the maximum extent permitted in law, Queenspark, its directors, officers, employees, contractors and agents, shall not incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, as a result of entering into, or arising from any cause whatsoever or howsoever arising from their participation in, a Competition or the use of any prize won there under (any such prizes being utilized at the own risk of any winner thereof).
12.9 In respect of prizes not sent by post or other electronic means, winners will be required on receipt of a prize, to complete and sign an acknowledgment of receipt of such prize.
12.10 Participation by the entrants in a Competition constitutes an agreement to abide by these Rules. Any person failing to comply with these Rules will not be entitled to participate in a Competition or be disqualified from the Competition.
12.11 By entering the competition you agree to receive communications (including for the purposes of direct marketing) and direct marketing material from Queenspark.
12.12 Queenspark reserves the right to (to the maximum extent permitted in law) amend any Competition, including the Supplemental Rules and, in the event of any unforeseen circumstances or factors, the prize itself.
12.13 Queenspark may, before or after the winner of a Competition has been publicly announced, require that a winner permit the use of their image and/or name in its marketing material and/or participate in its marketing activities (including endorsing, promoting and/or advertising the services of Queenspark or any of its holding companies) (“the Invitation”). The winner has the right to decline the Invitation. Should the winner fail to decline the Invitation by telephone: 021 460 9400 or e-mail: email@example.com within 2 (Two) days of being notified that he/she is a winner of the Competition, then such winner shall be deemed to have accepted the Invitation and granted their permission and/or agreed to participate in the manner as aforesaid. Winners will not be entitled to any payment or other form of remuneration for participating in any of the aforesaid activities. All and any publicity materials (including those utilising the winner’s names and/or image) will be the sole property of Queenspark.
12.14 Each Competition shall comply with, and will be subject to, any peremptory provisions of the CPA and the regulations promulgated thereunder, which are deemed to be incorporated into these Rules (“Peremptory Provisions”). In the event of any conflict between these Rules and/or the Supplemental Rules and the Peremptory Provisions, the latter shall prevail. Copies of the CPA and the regulations promulgated thereunder are available on the Department of Trade and Industry Website: www.dti.gov.za.
12.15 Any provision of these Rules and/or the Supplemental Rules which is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions thereof and furthermore shall be governed by the provisions of clause 15.13 with the necessary changes being made (“mutatis mutandis”).
13.1 This entire Website, including any intellectual property appearing hereon, is provided “as is” and “as available”. Queenspark makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
13.2 To the maximum extent permitted in law, the Queenspark Related Parties and Queenspark’s employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any losses, costs, expenses, fines or damages, whether direct or indirect, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, arising or resulting from the access to, use of, or reliance on, this Website or any information or advice contained herein and/or transactions or actions resulting therefrom.
13.3 Queenspark has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, the Queenspark Related Parties shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features accessible through this Website.
13.4 Queenspark does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.
14.1 The user indemnifies and holds harmless the Queenspark Related Parties and Queenspark’s employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services and/or advice offered or ordered through such sites in any way.
14.2 The user agrees to indemnify, defend and hold Queenspark harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
15.1 This document, together with any additional terms and conditions contained in the Website, contains the entire agreement between the parties in relation to the subject matter hereof.
15.2 No indulgence, leniency or extension of time granted by Queenspark shall constitute a waiver of any of Queenspark’s rights under these Terms and Conditions and, accordingly, Queenspark shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
15.3 Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
15.4 The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
15.5 The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule (i.e. the rule that the meaning of general words or terms in a contract that are used in association with specific words or terms which are species of a particular class, should be restricted to that particular class) shall not be applied in the interpretation of such general wording or such specific example.
15.6 Queenspark may amend, vary and/or modify these Terms and Conditions (and/or any other terms and conditions appearing on the Website) at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions and/or any other terms and conditions appearing on the Website (“the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions and, for the avoidance of any doubt, any reference herein to the phrase “Terms and Conditions” shall be to the modified Terms and Conditions.
15.7 Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the RSA.
15.8 The parties consent to the exclusive jurisdiction of the courts of the RSA. In terms of Section 45 of the Magistrate’s Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of any action arising between Queenspark and the user.
15.9 You hereby consent to receive any and all approaches and/or communications from the Queenspark Related Parties, Queenspark’s agents and their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to firstname.lastname@example.org advising Queenspark of same.
15.10 Should you have any complaints or queries, kindly address an e-mail to email@example.com advising Queenspark of same, or alternatively contact Queenspark at 021 460 9400.
15.11 To the extent that any provision in these Terms and Conditions constitutes a contractual stipulation in favour of any of the Queenspark Related Parties (stipulatio alteri), the benefit of such stipulatio alteri may be accepted in writing by any or all of such Queenspark Related Parties at any time, from time to time
15.12 In the event of the user breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Queenspark arising therefrom.
15.13 Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof will be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and will not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which will continue to be given full force and effect and bind the parties hereto.
15.14 No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto, to the extent that same is applicable hereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 15.13 mutatis mutandis.
15.15 If any provision of these Terms and Conditions is found by any Court to be unfair as contemplated in Regulation 44 (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 15.13 mutatis mutandis.
– Date of last amendment: 13 November 2015