Terms And Conditions

WEBSITE TERMS AND CONDITIONS (Date of update: 2 August 2022)

1. USE OF THIS WEBSITE
   1. By accessing and/or using this website (“the Website”), you agree to be bound by the terms and conditions herein contained (“the Terms and Conditions”).
   2. These Terms and Conditions govern your use of our Website any mobile applications that hyperlink to this Website any other written, electronic, and oral communications with Queenspark, or any websites, pages, features, or content owned and operated by us that hyperlink to this Website.
   3. In addition, you may read our Privacy Policy at any time for more information about how the Company collects, stores, and protects your information when you use the Services. Our Privacy Policy is hereby incorporated by reference into these Terms and Conditions as though fully set forth herein.
   4. By accessing or using this Website in any manner, including, but not limited to, visiting or browsing, registering an account, or contributing content or other materials to the Website, you expressly understand, acknowledge and agree that you have read and understood the Terms and Conditions and agree to be bound by such Terms and Conditions.
   5. Queenspark reserves the right to modify the Terms and Conditions, including the Privacy Policy, at any time, in our sole discretion. By continuing to use the Website, following such changes (regardless of whether a notice was sent by the Company), you agree to be bound by any variation made by us to the Terms and Conditions and/or accompanying policies including, but not limited to, the Privacy Policy. It is your responsibility to check the Terms and Conditions and/or accompanying policies/agreements from time to time to verify such variations.
   6. Only persons aged 18 (eighteen) years or older may register on, or utilise, this Website. Should you be under the age of 18 (eighteen) years of age, kindly ensure that your parent or guardian registers on this Website.
   7. In the event of a conflict between these Terms and Conditions and any other term or condition appearing on this Website, the provisions of these Terms and Conditions shall prevail.
   8. 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.
   9. Use of this Website is strictly at the sole risk of the user.
   10. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this Website for personal and non-commercial use.
   11. Users wishing to use Website content for their own commercial purposes may only do so with the prior written permission of Queenspark. Requests for commercial use may be submitted to customercare@queenspark.com. The granting or refusing of permission is completely within the discretion of Queenspark, and may be conditional.
   12. Any use by a user of the content or any other part of this Website, including any content sent to users, must be clearly accompanied by the following: “© Queenspark [insert the year in which content is copied]. All rights reserved.”
   13. 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 in addition to any other jurisdiction from which you are accessing this Website.
2. INFORMATION AND REQUIRED DISCLOSURES UNDER SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (AS AMENDED) (“THE ECT ACT”)
   1. The full name and legal status of the supplier is Queenspark Proprietary Limited (Registration Number: 2001/022975/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa, whose full and further details appear on this Website or hereunder:
      1. Directors: MA Golding, CEA Radowsky, D Franklin, CL Lloyd and KA White;
      2. Telephone Number: +27 21 460 9400;
      3. Physical Address: Unit 1, Rex Trueform Office Park, 263 Victoria Road, Salt River, Cape Town, 7925.
   2. The Website is intended to facilitate the purchase by users within the Republic of South Africa and Namibia of clothing products and other fashion-related apparel and accessories (“the products”).
   3. Records of transactions: The products ordered by users via this Website are confirmed by an order confirmation e-mailed to the user and can be copied and pasted or printed. The record of any transaction can be accessed by viewing your order status by logging into your account on the Website, which record is available for a period of 12 (Twelve) months from date of the transaction.
   4. Further supplier information and required disclosures in terms of section 43 of the ECT Act (including the manner in which orders may be placed and payment effected and Queenspark’s return, exchange and refund policy) are more fully dealt with below or on the Website.
3. REGISTRATION PROCESS AND PASSWORD SECURITY
   1. Before a user can place any order(s) for products via this Website, they are required to go through the full registration process – which process is completed once a confirmatory e-mail is sent to the user in the manner contemplated in clause 3 below.
   2. Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date.
   3. Once you have completed the registration process, Queenspark will send a confirmatory e-mail to the e-mail address you have provided, confirming that you have successfully registered on the Website.
   4. Users are solely responsible for the creation and safekeeping of their user name and password and will be responsible for all orders or other activities placed or performed while a user is logged into the Website under that user name and password.
   5. Any auto-login functionality provided by the website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.
   6. Queenspark reserves the right to request that a user change a password where Queenspark has reason to believe that there has been, or is likely to be, a misuse of information or breach of security.
   7. By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
   8. We may terminate your access to the Website at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms and Conditions. You may terminate your account at any time, for any reason, by following any such instructions within Website, or by contacting us as described in the “Contact Us” on the Website.
4. ORDER PROCESS
   1. Orders may be submitted using the online facility (including the capacity to vary and/or confirm your order prior to finalisation) at any time after successful completion of the registration process.
   2. Users should regard nothing contained in this Website as an offer by Queenspark to sell any products to the user, but rather as an invitation for such user to do business with Queenspark.
   3. Any order placed by a user through this Website constitutes an offer by the user to purchase the particular products contemplated in such order from Queenspark through the Website (“the Offer”). Offers for products may be submitted by a user via the Website at any time after successful completion by the user of the registration process referred to in paragraph 3
   4. When making an Offer, users will be required to select the products which they wish to purchase and to complete the entire checkout process in relation thereto (“the Checkout Process”).
   5. A binding agreement between Queenspark and the user in respect of any Offer will only be entered into at the stage at which Queenspark receives the Offer together with payment for same, and confirms its acceptance thereof to the user (“the Order”). Queenspark reserves the right to refuse to accept any Offer.
5. PRICING OF PRODUCTS
   1. All prices are in Rand values and are inclusive of value added tax (“VAT”) and exclude delivery charges.
   2. The price payable for the products shall be:
      1. the amount reflected on the Website in respect of an Order during the Checkout Process; and
      2. delivery fees (if any); and
      3. other additional costs (exclusive of custom and taxes) or delivery, occasioned by the Order (if any).
   3. All payments in respect an Order shall be effected via the Website, without deduction or set-off, and in cleared funds, when the Offer to which such Order relates is made by the user to Queenspark.
   4. Pricing of products is subject to change. For the avoidance of any doubt, the price that the user shall pay in respect of any Order shall be the price reflected on the Website in respect of the Order during the Checkout Process.
   5. Users are always able to check pricing on the Website.
6. PAYMENT
   1. All amounts payable by the user to Queenspark shall be settled in full, without deduction or set off, in South African Rands by using any major credit/debit cards or payment platform/system accepted by the Queenspark at the time of making the Offer.
   2. Credit/debit card transactions are processed through the PayU payment gateway using the Secure Sockets Layer (SSL/TLS) security technology mandated by the Payment Card Industry Data Security Standards (PCI DSS). This ensures secure processing of all credit/debit card details. For more info on PCI DSS visit https://payusahelp.atlassian.net/wiki/spaces/general/pages/440209/PCI+Compliance  and to view their security certificate and security policy, visit https://southafrica.payu.com/certificate-downloads/
   3. This Website does not store any user credit/debit card information. At no stage is credit card information stored together with user personal information.
7. DELIVERY OF PRODUCTS
   1. Product(s) are delivered to the user’s chosen address within the RSA or Namibia via a third party courier service.
   2. No products shall be delivered in respect of any Order to any address until payment in full has been received and verified by Queenspark.
   3. Delivery charges are subject to change. For the avoidance of any doubt the delivery charge that the user shall pay in respect of any Order shall be the delivery charge as reflected on the Website in respect of the Order during the Checkout Process.
   4. It is the sole responsibility of the user to ensure that suitable arrangements are made to take delivery of the products (including to ensure that a responsible party is available to take such delivery). Neither Queenspark, nor its directors, shareholders, employees, suppliers, contractors, partners, affiliates or agents will be liable for any damage or loss occasioned on or subsequent to delivery of the products to the user as a result of a breach by the user of this provision of the Terms and Conditions.
   5. Ownership of the products shall only pass from Queenspark to the user after the User has effected payment of the purchase price in full to Queenspark and such products have been delivered to the user.
   6. Risk and benefit in the products will pass to the user on delivery of such products to the user. The aforegoing is subject to any provision in the Consumer Protection Act 68 of 2008 (“CPA”) that provides for a particular party to bear the risk in the products at any particular time.
8. RETURNS, EXCHANGES, CANCELLATIONS AND REFUNDS
   1. Once your Offer has been accepted, same will not (subject to applicable law) be capable of being amended or cancelled and you will be held liable for the full value of the Order.
   2. Products may only be returned or exchanged in accordance with Queenspark’s Returns Policy (as detailed on this Website); provided that in relation to defective products such Returns Policy is subject to the peremptory provisions of sections 56(2) and (3) of the CPA.
   3. Products may not be exchanged via the Website once your Offer has been accepted by Queenspark.
   4. No cash refunds will be made in respect of any products ordered via the Website.
   5. While Queenspark will use its reasonable endeavours to fulfil any Order, the fulfilment of any and all Orders is subject to availability of the products from Queenspark or the particular supplier thereof (as the case may be) and is furthermore subject to any factors beyond Queenspark’s control which may either wholly or partially prevent it from fulfilling such Order(s). Queenspark will communicate any such difficulty to you and will remove any unavailable product from your Order and ensure that you are not charged for it or alternatively, if you have already been charged for such product, will agree with you on a suitable substitute or credit to be provided.
   6. It being noted that Queenspark does not accept returns from outside the Republic of South Africa.”
9. PRIVACY AND CONFIDENTIALITY OF COMMUNICATIONS
   1. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy available on this Website.
10. SECURITY
    1. While Queenspark takes all reasonable security precautions in connection with the Website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this Website.
    2. The following acts in connection with this Website are expressly prohibited:
       gaining or attempting to gain unauthorised access to any web page or part of this Website; delivering or attempting to deliver any unauthorised or malicious code or content to this Website; and/or any amendment to or attempt to amend any of the content or any other part of this Website by unauthorised persons.
    3. Queenspark will pursue the prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on or part of this Website.
11. INTELLECTUAL PROPERTY PROTECTION
    1. Copyright in all information, images, source codes and other original material contained in this Website which is not attributed to a third party, is held by or licensed to Queenspark and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and/or other intellectual property rights. The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this Website (unless attributed to a third party) are registered and unregistered trademarks of Queenspark. Subject to the rights afforded to the user herein, all of the Queenspark’s intellectual property rights (including any moral rights) remain at all times expressly reserved.
    2. Queenspark grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, 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.
    3. In particular, you agree that you will not:
       1. post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
       2. use this Website in a manner which causes, or may cause, an infringement of the rights of any other person;
       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;
       4. deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.
    4. 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. Queenspark reserves the right to make improvements or changes to the intellectual property, information, artwork, editorial content, graphics and other materials on this Website.
    6. If you believe that this site in any way infringes a third party copyright or other intellectual property right, please contact us immediately specifying the full details of the alleged infringement.
12. DISCLAIMERS
    1. This entire website, including text, images, links, downloads and coding, 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.
    2. To the fullest extent possible under law,Queenspark, its directors, shareholders, employees, suppliers, partners, affiliates and agents, accept no responsibility or liability whatsoever for any loss, whether direct or indirect, consequential or otherwise, arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.
    3. To the fullest extent possible under law, Queenspark disclaims all responsibility or liability for any loss or damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the access to, or use of, this Website in any manner.
    4. 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 fullest possible extent permissible under law, Queenspark disclaims all responsibility or liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.
    5. The user acknowledges that, in addition to selling its own products, Queenspark sells products on the Website obtained from third parties. Accordingly, and to the fullest possible extent permissible under law, Queenspark disclaims all responsibility or liability for the quality of any products delivered or for any typographical errors in the descriptions of any of the products of such third parties.
    6. 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.
    7. It is the sole responsibility of the user to determine whether the products ordered by the user are suitable for purpose for which the user intends using them.
    8. Queenspark disclaims all responsibility or liability for any losses in the event that any Offer or Order (as the case may be) cannot be made by a user or confirmed by Queenspark (as the case may be) on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason.
    9. Queenspark gives no warranty, express or implied, in respect of any products (including warranties as to the fitness for purpose, quality, condition, service-ability or otherwise of the products) other than those expressly contained in these Terms and Conditions (if any) or which are imposed by the CPA.
13. INDEMNITIES
    1. The user indemnifies and holds harmless Queenspark and its directors, shareholders, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s 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 offered or ordered through such sites in any way.
    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.
14. RECEIPT AND TRANSMISSION OF DATA MESSAGES
    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.
    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.
    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.
    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 by email over the internet – whether from Queenspark to you, or from you to Queenspark.
15. MONITORING AND INTERCEPTION OF DATA MESSAGES
    1. In order to provide a relevant and secure service and to promote the secure and efficient operation of the Website, and where required to do so by law, Queenspark may monitor and/or intercept electronic communications such as e-mails and other data messages which are sent 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.
16. HYPERLINKS, DEEP LINKS AND FRAMING
    1. This Website may include links to, or frames of, other internet sites (“the other sites”). Queenspark 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 other sites.
    2. Your access and use of the other sites remains solely at your own risk.
    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. Queenspark reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
    4. 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 consent of Queenspark.
17. ADVERTISING AND SPONSORSHIP
    1. This Website may contain advertising and sponsorship. Advertisers and sponsors 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.
    2. Queenspark accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
    3. You hereby consent to receive any and all approaches and/or communications from Queenspark, its directors, shareholders, agents and/or 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 customercare@queenspark.com advising Queenspark of same or follow any instructions contained in any such approaches and/or communications (to the extent applicable) in this regard.
18. TERMINATION / SUSPENSION OF THE WEBSITE
    1. Queenspark reserves the right, in its sole and absolute discretion and without prior notification, to terminate the access rights of any user where, for example and without limitation in circumstances where:

1. Queenspark regards the action or inaction of a user to constitute a breach of these Terms and Conditions, or the abuse of the services offered through this Website;
2. events beyond the reasonable control of Queenspark, including technical failures, prevent the continuing provision of the Website; or

• suspend or terminate this Website, at any time without notice; provided that any Orders already placed through this Website will not be affected by such suspension or termination (as the case may be).

1. RCS CARDS
   1. Users may be 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 legal@queenspark.com and Queenspark will place the user into direct contact with RCS. Queenspark accepts 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.
2. PROMOTIONAL COMPETITIONS

1. 1. The following rules detailed in this clause (“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:
   2. 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):
      1. the prize(s) in respect of such Competition, subject to clause 7 below; and/or
      2. the steps required to accept the offer or to participate in the Competition; and/or
      3. the number of entries permitted by a single entrant to such Competition; and/or
      4. the basis on which the results of such Competition will be determined; and/or
      5. the closing date for entries into such Competition; and/or
      6. the date on which and the medium through or by which, the results of the Competition will be made known; and/or
      7. any person from whom, any place where and the date and time on or at which:
      8. a person may obtain a copy of the Competition rules (being these Rules, as supplemented by the Supplemental Rules); and/or
      9. a successful participant in the Competition may receive any prize.
   3. 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 or Namibia (as the case may be). To enter the competition users must comply with the eligibility and entrance requirements detailed in the Supplemental Rules.
   4. Winners of each Competition will be randomly selected.
   5. 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.
   6. 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.
   7. 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.
   8. The prize for a particular Competition shall be the prize detailed in the offer to participate in such Competition.
   9. 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).
   10. 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.
   11. 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. By entering the competition, you agree to receive communications (including for the purposes of direct marketing) and direct marketing material from Queenspark.
   13. 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.
   14. 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: customercare@queenspark.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.
   15. 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.
   16. 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 7 with the necessary changes being made (“mutatis mutandis”)
2. GOVERNING LAW
   1. The user hereby agrees that the law applicable to these Terms and Conditions, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.
   2. This Website is owned, hosted and maintained within the Republic of South Africa.
   3. When using this Website and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
   4. Users of this Website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
3. CONSENT TO JURISDICTION AND COSTS
   1. The user consents to the jurisdiction of the Magistrate’s Court of the Republic of South Africa having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of this Website, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
   2. Notwithstanding the above Queenspark may, in its own discretion, elect to proceed with any claim, application or action in the High Court of South Africa (Western Cape Division, Cape Town) and, to the extent necessary, the user accepts such jurisdiction.
   3. The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by Queenspark as a result of any breach of these Terms and Conditions or any additional terms and conditions contained on this Website.
4. GENERAL
   1. These Terms and Conditions (as amended from time to time by Queenspark) contain the entire agreement between the parties in relation to these presents and no party shall be bound by any undertakings, representations, warranties, promises, terms or conditions or the like not recorded herein.
   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 is not 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.
   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.
   4. In these Terms and Conditions, the word “including” shall mean “including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word”, and the word “include” and its derivatives shall be construed accordingly.
   5. 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.
   6. To the extent necessary in law, if any of the provisions in these Terms and Conditions constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of any person who is not a party hereto, the benefit thereof may be accepted by such person at any time, from time to time.
   7. 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.
   8. No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 7 mutatis mutandis.
   9. 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 7 mutatis mutandis.