THE LOCAL FARMER (PTY) LTD
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
1.
INTRODUCTION
1.1
The application to which these Terms and Conditions are attached (“application
form”) is for all new customer’s (“you”) and your use of any
products (“products”) or services (“services”) that you may order
from The Local Farmer (Pty) Ltd, conditional on the customer’s agreement to be
bound by the Terms and Conditions set forth herein below.
1.2 The Local Farmer (Pty) Ltd agrees to provide the services only upon
acceptance of these Terms and Conditions.
1.3 These terms do not alter in any way the terms or conditions of any other
agreement you may have with us in respect of any products, services or
otherwise.
1.4 If you are using our services and products on behalf of any person or
entity, you represent and warrant that you are authorized to accept these terms
on such person or entity’s behalf and that such person or entity agrees to be
responsible to us if you or such person or entity violates these terms.
2.
DEFINITIONS
In this agreement –
2.1. Clause headings are for convenience purposes only and shall not be used in its
interpretation;
2.2. Unless the context clearly indicates a contrary intention –
2.2.1. an expression which denotes any gender includes the other genders, a natural
person includes an artificial person (whether incorporated or unincorporated)
and vice versa, and the singular includes the plural and vice versa;
2.2.2. where any term is defined within a particular clause, other than this interpretation
clause, that term shall bear the meaning ascribed to it in that clause wherever
it is used in this agreement;
2.2.3. the following expressions shall bear the following meanings and related expressions
shall bear corresponding meanings –
“account”
means your online customer profile or account that is registered once the
application form is signed and approved by the company, against which account
you can transact online or in store or any other method available to you,
subject to this agreement;
“agreement”
means these terms and conditions, as amended from time to time including our
polices referenced throughout the website, which includes but is not limited to
our Privacy Policy;
“delivery
cycle” period whereby the products ordered by the customer are already in
the process of being harvested by the company;
“delivery”
method of taking products to the customer;
“goods”, “product(s)” and/or “service(s)” means the
subject matter of the agreement, as supplied or to be supplied by the company
to the customer, the
products namely quality microgreens, gourmet mushrooms and any vegetables and
herbs which can be purchased either through the website or through a purchase order
form and/or as per the chosen subscription plan, in terms of these terms and “products”
shall have a similar meaning;
“intellectual
property” means, collectively, the patents, copyrights (and moral rights),
trademarks, designs, models, brands, names, trade names, graphics, icons,
hyperlinks, know-how, trade secrets and any other type of intellectual property
(whether registered or unregistered including applications for and rights to
obtain or use same) which we own, license, use and/or hold (whether or not
currently) on or in connection with the website or on any forms, manuals and
agreements;
“order” means an order placed by the customer either through a
purchase order form, chosen subscription plan, in writing and/or online for the
products and/or services accepted by the company;
“list price” is the latest official price of the products and/ or
services as quoted in the company’s price list and/or the prices stated on the
company’s website as per product and/or subscription plan;
“our
website” means The Local Farmers website at: https://www.thelocalfarmer.co.za/;
“parties”
means the company and the subscriber, and the term “Party” shall, as the
context require, be a reference to either of them individually;
“subscription
plan” means the once off, weekly or monthly fee payable as set out on our
website or on our subscription plan document and/or purchase order form
presented to you, unless agreed upon otherwise;
“the company/the supplier/we/us”
means The Local Farmer (Pty) Ltd, Registration Number: 2020/812984/07, a private company duly incorporated
in accordance with the company laws of the Republic of South Africa (including
our affiliates and subsidiaries);
“the customer/you” means retail markets, natural person
and/or company, restaurants, re-sellers (other franchisees), party who opens up
an account by way of the application form (“subscriber”) and who has
placed an order to one of our flexible subscription plans which is accepted by
the company, and includes the customer’s representatives, successors and
permitted assigns; and
“Value
Added Tax” (VAT)
means value added tax levied in terms of the VAT Act; and
2.3. Should any provision in a definition be a substantive provision conferring rights or
imposing obligations on either party, effect shall be given to that provision
as if it were a substantive provision in the body of this agreement.
2.4. Any reference to an enactment, regulation, rule or by-law is to that enactment,
regulation, rule or by-law as at the signature date, and as amended or replaced
from time to time.
2.5. When any number of days is prescribed, such number shall exclude the first and include
the last day, unless the last day falls on a day other than a business day, in
which case the last day shall be the next succeeding business day.
2.6. Any schedule and, or annexure to this agreement shall form part of and be deemed
incorporated into this agreement;
2.7. The use of the word “including”, “include/s, “in particular” or the like followed by a
specific example/s shall not be construed as limiting the meaning of the
general wording preceding it and the eiusdem generis rule shall not be
applied in the interpretation of such general wording or such specific
example/s.
2.8. The expiry or termination of this agreement shall not affect those provisions of this
agreement which expressly provide that they will operate after any such expiry
or termination or which of necessity must continue to have effect after such
expiry or termination, notwithstanding the fact that the clauses themselves do not
expressly provide for this.
2.9. In its interpretation, the contra proferentem rule of construction shall
not apply (this agreement being the Product of negotiations between the
parties), nor shall this agreement be construed in favour of or against a party
by reason of the extent to which that party or its professional advisors
participated in the preparation of this agreement.
2.10. Any reference to any other agreement or document shall be construed as a reference
to such other agreement or document as same may have been, or may from time to
time be, amended, varied, novated or supplemented.
2.11. Recordals shall be binding on the parties and are not merely for information purposes. If
any conflict arises between the terms of this agreement and any other related
agreement, to the extent the conflicting provisions can reasonably be
interpreted so that such provisions are consistent with each other, such
consistent interpretation will prevail. To the extent this does not apply, the
following order of precedence will apply –
2.11.1. the provisions of this body of this agreement will prevail over a conflicting term
in any of the schedules to this agreement; and
2.11.2. this agreement will prevail over a conflicting term in any other related agreement entered
into between the parties.
3. PRIVACY POLICY
The company may process information about you in accordance with our privacy policy, which is available at https://www.thelocalfarmer.co.za/privacy–policy/ and which forms part of this agreement.
4. TERMS OF SALE
4.1. We offer different subscription plans for our products and/or services.
4.2. For more information about our subscription plans, please request for a hard copy of our
subscription plan options and/or purchase order form or alternatively, please
visit the “Shop” page on our website.
4.3. Should you wish to add any additional products to your subscription plan, please request
for same, or alternatively we make provision for this on our website.
4.4. Note that we do not currently deliver products to every location, so please request for
the delivery locations before placing an order or visit our “FAQ” page
on our website to see if we deliver to your area.
4.5. When you register or request for a subscription plan, you expressly acknowledge and
agree that (a) the company (or our third party payment processor) is authorized
to charge you on a weekly/monthly basis for your subscription (in addition to
any applicable taxes and other charges) for as long as your subscription
continues, and (b) your subscription is continuous for duration of the period
subscribed for or if we suspend or stop providing access to our website or
products and/ or services in accordance with this agreement.
5.
SERVICE CANCELLATION OR INTERRUPTION
5.1. To cancel or interrupt the customers subscription, the customer must request in writing
for the subscription to be paused or cancelled, alternatively, the customer can
logon to our website and click on the pause button on the shop page. The
customer’s subscription will be cancelled immediately, and no further payments
will be scheduled unless you choose to resume your service.
5.2. Any products that are already in the delivery cycle can’t be changed, cancelled or
refunded, as the company harvests per order in order for products to be
delivered and/ or produced in time.
5.3. On the expiry of the subscription plan the agreement will be automatically cancelled.
5.4. The company reserves the right at our absolute discretion not to renew your subscription at any time.
6. REFUNDS POLICY
6.1. Due to perishable nature of the company’s products, the company does not provide any
refunds or exchanges, however, the company can replace the customer’s order
subject to the below conditions in clauses 6.2 to 6.4.
6.2. If the customer is dissatisfied with any product and/or the customer receives from the
company, please contact us at farmerjo@thelocalfarmer.co.za.
6.3. The company retains the right to request a return of any faulty products to the
company at the customer’s expense where the product will be inspected.
6.4. Should there be a fault upon inspection of the product, the company will replace the
customer’s order.
7. PRICE AND PAYMENT
7.1. By providing a credit card, signing a debit authorisation form or other payment
method that the company accepts, the customer represents and warrants that the
customer is duly authorised to use the designated payment method.
7.2. Further to the above the customer authorises the company or the company’s third-party
processor to charge the customer the customer’s chosen payment method, for the
total amount of the customers subscription plan or other purchase, inclusive of
any applicable taxes and other charges.
7.3. If the payment method can’t be verified, it is invalid or otherwise not acceptable,
the customer’s order may be suspended or cancelled.
7.4. The customer must resolve any problem the company encounters in order to proceed
with the customer’s order.
7.5. No payment shall be deemed to have been received until the company has
received cleared funds into its chosen banking account as per the purchase
order form, application form, debit authorisation form or the website.
7.6. All payments payable to the company under the contract shall become due
immediately on the termination of such contract despite any other provision
contained herein.
7.7. The customer shall make all payments due under the contract in full
without any deduction whether by way of set-off, counterclaim, discount,
abatement -or otherwise.
7.8. If the customer fails to make payments timeously, the company will be
entitled to:
7.8.1. withhold delivery of the products and/or services until payment is made
in full; or
7.8.2. if the customer has withheld payment for the products and/or services
for more than 30 (thirty) days, and the products have not yet been delivered to
the customer, for whatever reason, the company will be entitled to cancel the
contract by written notice to
the customer.
7.9. The purchase price payable by the customer for the products and/or service shall be
the company’s list price for such product and/or service at the date of
despatch of the product and/or service, unless otherwise agreed to in writing
by the company.
7.10. All list prices and or purchase prices on our website or subscription plan documents, or
any other documentation with our lists and or purchase prices do not include
any Value Added Tax (VAT) which may be chargeable, and any such tax must be
added to the price where applicable. All VAT shall be paid by the customer in
addition to the purchase price.
7.11. Any typographical, clerical, or other error or omission in any sales literature,
quotation and price list, acceptance of offer, invoice, other document or any
other information issued by the company shall be subject to correction without
any liability.
7.12. In the event the customer wants to change or update payment information associated
with the customer’s account, the customer can do so at any time by logging into
the customer’s account and editing their payment information or requesting in
writing to the company to change same.
7.13. The customer acknowledges that the amount charged may vary due to promotional
offers, changes to the customers subscription plan or changes in applicable
taxes or other charges, and the customer authorizes the company and/ or the
company’s third-party payment processors to charge the customers payment method
for the corresponding amount.
8. DEBIT ORDER AUTHORISATION
8.1. The customer warrants that the customer is duly authorised to enter into this
agreement and confirms that the customer shall have no claims against the
company arising out of this agreement.
8.2. The customer agrees that that a monthly/weekly debit order depending on the subscription
plan selected, will be processed against the customer’s bank account, as
detailed in the banking details of the account, each and every month or week,
commencing on the debit order date and will continue for so long as the
customer is indebted to the company in respect of any amounts on the company’s
list price for such product and/or service on the company’s website,
subscription plan documents, purchase order forms, including any amounts due by
the customer in respect of an amendment, renewal, extension or upgrade to the
items listed on company’s list price for such product and/or service on the
company’s website.
8.3. The customer agrees that in the event that any debit order due in terms of this
agreement is rejected by the customer’s bank, all related bank rejection fees
and the full amount of the weekly/monthly debit order, that remains unpaid,
will be due and payable immediately on demand by the company and that any
products and/ services provided by the company in respect of the subscription plan
subscribed for, will be suspended immediately.
8.4. The customer undertakes to ensure that adequate funds are available in the bank
account detailed on their account, to cover the amounts due in terms of this
agreement.
8.5. The customer undertakes to inform the company of any changes to the customer’s bank
account details detailed on the customer’s account.
8.6. The customer acknowledges that the company, who is hereby authorised to effect the
drawing(s) against the customer’s bank account, may not cede or assign any of
its rights to any third party without the company’s consent and that the
customer may not delegate any of the customer’s obligations in terms of this
agreement.
9. PRICING AND AVAILABILITY
9.1. All prices are shown in Rands and applicable taxes and other charges, if any, are
additional. We reserve the right to adjust prices as we may determine in our
sole discretion, at any time and without notice; provided, however, that if we
change the amounts or other charges associated with you subscription plan, we
will provide advance notice of such changes.
9.2. We will not, however, be able to notify you of changes in any applicable taxes. The
delivery of products, as applicable, to you after our delivery of such notice
will confirm your acceptance of such changes, unless you cancel your
subscription in accordance with the cancellation policies set forth in clause 5
as applicable.
9.3. All of our products are subject to availability, and we reserve the right to impose
quantity limits on any order, to reject all or part of an order, to discontinue
offering certain products and to substitute products without prior notice. We
strive to provide you with high-quality products and services and given the
perishable nature of the products and market conditions beyond our control, we
may be required to make substitutions from time to time. If you are not
satisfied with a substitution, please contact us.
10. PERSONAL INFORMATION
10.1. We shall take reasonable steps to protect your personal Information. Details of what
personal information we collect, what we do with it and what you should know
about submitting personal information when you access the website or on the
application form can be found in our Cookies and Privacy Policy. We recommend
you read our Privacy Policy very carefully before you access the website and
providing us with your personal information.
10.2. We may ask you to submit your personal information to us through the website or on the
application form or various other ways in order to access aspects of the
website or for you to make use of services we offer on or through the website
and any other way provided to you.
10.3. You warrant that the personal information you submit is accurate, current and
complete. You will be denied access to the website and/or our products and
services should you breach this warranty or subsequently be found to have
breached this warranty.
10.4. We may take steps to verify your personal information which you submit to us. You
irrevocably consent to this verification process. You acknowledge and agree
that your access to the website and/or our products and services (if
applicable) may be limited until such time as the verification process has
been successfully completed.
10.5. Should you not agree to the verification process or withhold your consent as contemplated
above, your access to the website, generally, may be suspended or terminated
and you waive any claims you may have against us, our officers, directors,
employees, agents and/or contractors arising out of our denial of access to you
to the website.
11. ROUWKOOP
The customer irrevocably agrees that in the event of this agreement being cancelled for any reason whatsoever due to
any default by the customer or the customer’s election to cancel the agreement for any reason whatsoever, any amounts paid by the customer shall be considered
as rouwkoop and against cancellation of the agreement, due to non-compliance of the customer’s obligations, the amount shall be forfeited as to the company.
12. WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITIES
12.1. The information, opinions and recommendations contained herein and on
our website are and must be construed solely as statements of opinion and not
statements of fact.
12.2. No warranty expressed or implied, as to the accuracy, timeliness,
completeness, merchantability or fitness for any particular purpose of any such
recommendation or information is given or made by the company in any form or
manner whatsoever.
12.3. The company makes no warranties, oral or written, express or implied,
with respect to any product or services supplied by any third-party licensor or
manufacturer which may be used by or supplied in terms hereof and the customer
agrees to hold the Company free of any claims which may be made against such
third party.
12.4. The company does not warrant given the nature of the services to be
provided that the services will be delivered timeously as all timings are based on the
current workload and therefore the delivery-time may vary if delivery is in the
delivery locations offered.
12.5. The customer agrees to indemnify, defend, and hold the company, and its
successors, assigns, officers, directors, employees, suppliers, and consultants
harmless from any and all actions, causes of action, claims, demands, costs,
liabilities, expenses and damages (including attorneys’ fees) arising out of,
or in connection with any claim relating, directly or indirectly, to:
12.5.1. any representation, warranty, or agreement made by the company under or
in connection with this agreement; and
12.5.2. failure by the Company to perform any of its obligations contained in
this agreement.
12.6. The company will not be liable for any loss or damage of any nature and
howsoever arising which may be suffered by the customer as a result of or in
connection with the utilisation of the service and/or products by the customer,
whether indirect, consequential, delictual or otherwise.
13. GOVERNING LAW AND JURISDICTION
13.1. You irrevocably agree that the law of the Republic of South Africa shall govern these terms,
your access to the website and/or any dispute that arises between the company
and the customer.
13.2. You consent to the jurisdiction of the South African courts in respect of disputes
which may arise out of your access to the website and these terms.
14. DOMICILIUM
14.1. For the purpose of these terms, including the giving of notices in terms hereof and the
serving of legal process, the Parties choose their domicilium citandi et
executandi (“domicilium”) as follows:
14.1.1. The company: THE LOCAL FARMER (PTY) LTD
Physical address: The Local Farmer
Shop L08 Stoneridge Centre
Cnr Modderfontein & Hereford Roads
Greenstone Park
Postal address: Same as the above
E-mail: farmerjo@thelocalfarmer.co.za
14.1.2. The customer:
Physical address:
Postal address:
E-mail:
or alternatively, the customer nominates
as its domicilium citandi et executandi for the purpose of giving any
notice, the service of all legal notices, and receipt of any payments due as
the party’s respective addresses as set out in the delivery forms and/or
contact details and/or online account details and/or application forms.
14.2. Each of the Parties shall be entitled from time to time, by written notice to the
other, to vary its domicilium to any other physical address within the
Republic of South Africa and/or its email address.
14.3. Any notice or communication required or permitted to be given in terms of this agreement
shall be valid and effective only if in writing.
14.4. Any notice given in terms of this agreement and any payment made by either Party to the
other (“addressee“) which:
14.4.1. is delivered by hand during the normal business hours of the addressee at the
addressee’s domicilium for the time being shall be deemed to have been received
by the addressee at the time of delivery;
14.4.2. is transmitted by email be deemed to have been received by the addressee on the
date of successful transmission thereof, unless such date falls on a day which
is not a Business Day, in which case, such notice shall be deemed to have been
received by the addressee on the first Business Day immediately succeeding the
date of successful transmission thereof. Notwithstanding anything to the
contrary herein contained, a written notice or communication actually received;
and
14.4.3. by a Party shall be an adequate written notice or communication to him, notwithstanding
that it was not sent to or delivered at his chosen domicilium citandi et
executandi.
15. SEVERABILITY
Any provision in these terms 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, without invalidating the remaining
provisions of these terms.
16. TERMINATION
16.1. If you breach any of these terms in this agreement, we may immediately, automatically
and without notice to you, terminate your access to our website and/or
services, and/or prohibit your future access to the website and/or services,
and take appropriate legal action against you, without incurring any liability
to you of any nature whatsoever and howsoever arising.
16.2. The termination of this agreement will be without prejudice to any other rights
that we may be entitled to under these terms or at law, and will not affect any
accrued rights or liabilities, nor the coming into or continuance in force of
any provision of the terms which is expressly or by implication intended to
come into or continue in force on or after such termination.
17. DELIVERY AND HANDLING
17.1. We deliver to customers who have accounts within certain specified delivery areas. If we
do not deliver to your area, you may collect the products from our store
directly. Deliveries to outlying areas shall attract an additional surcharge
that will be calculated on checkout.
17.2. You agree to pay delivery and handling charges shown at the time you make a purchase you
make a purchase online.
17.3. A delivery fee may be charged for each delivery order placed by you. Items are delivered
in 2 (two) to 5 (five) working days after acceptance of your order if there are
no unexpected delays. Should it be unavoidable for us to exceed these delivery
times, you will be notified either telephonically or electronically.
17.4. We reserve the right to increase, decrease, add or eliminate delivery and handling charges
from time to time, but we will provide notice of the charges applicable to you
before you make your purchase.
17.5. You must ensure that the correct delivery address is provided to us on our website, and
we shall not be liable for any deliveries made to an address incorrectly
provided by you.
17.6. Any person other than yourself who receives the products at the delivery address is
presumed to be authorised to accept delivery on your behalf.
17.7. Should no one be in attendance at the delivery address specified by you at the time of
delivery, our driver will return the products and leave a notice at the
delivery address to that effect. We will attempt to contact you to make new
arrangements for delivery. We reserve the right to charge an additional
delivery fee should it be required under these circumstances.
17.8. We will deliver to the main entrance and/or pavement of your allocated delivery address
only. It is your responsibility to ensure that you have made arrangement to
accept delivery and storage of the products.
17.9. You hereby accept that we shall not be liable and indemnify us against any damage or loss
to any property whatsoever, including any damage or loss to any of the products
being delivered.
18. STORE PICK-UP/ COLLECTION
18.1. You may place an order online or through the completion of purchase order form and then
collect it from our store. If your chosen store has the items in stock you can
collect the order in 2 (two) to 5 (five) working days. To collect in store,
place your order online as normal and select the “store collection“
option on our website instead of entering your delivery details.
18.2. products may only be picked up store upon presentation of a valid proof of identity and
the collection notice, which can be printed either once payment is complete.
Please ensure that the person you have named to pick-up the order presents some
form of identification.
18.3. All orders must be collected within 7 (seven) days from the store, falling which, we
cannot guarantee availability of such products.
19. RISK AND OWNERSHIP
Risk in the products shall pass to the
customer by acceptance of the products by the customer or the customer’s
authorised representative on delivery or collection. The company will retain
ownership in the products until payment has been received in full. In respect
of deliveries, ownership will pass on offloading of the products to the main
entrance and/or pavement of your allocated delivery address.
20. INTELLECTUAL PROPERTY
All intellectual property rights,
including copyright, in all materials, including trademarks, logos,
photographs, images, text and other graphics which form part of the website are
owned by the company alternatively the company is the lawful licensee thereof.
Such rights are protected by both South African and international intellectual
property laws. All data and information communicated to or from the website
and/or any website information as well as the database is the sole property of
the company.
21. FORCE MAJEURE
21.1. Should a party (“affected party”) be prevented from fulfilling any of its obligations in
terms of this agreement as a result of an event of force majeure, then –
21.1.1. those obligations shall be deemed to have been suspended to the extent that and for
so long as the affected party is so prevented from fulfilling them and the
corresponding obligations of the other party (“unaffected party”) shall be
suspended to the corresponding extent; provided that, in the case of a force
majeure affecting the company, the customer may source the services from a
third party for the duration of the suspension;
21.1.2. the affected party shall within 3 (three) days from the event of force majeure,
notify the unaffected party in writing of such event of force majeure and such
notice shall include an estimation of the approximate period for which the
suspension in terms of clause 21.1.1 will endure. Such estimate shall not be
binding on the affected party; and
21.1.3. the duration of this agreement as well as each period within which and each date by
which any obligation is required to be performed in terms of this agreement
shall be extended or postponed, as the case may by, by the period of suspension
in terms of clause 21.1.1.
21.2. Should the affected party partially or completely cease to be prevented from fulfilling
its obligations by the event of force majeure, the affected party shall within
3 (three) days from such event give written notice to the unaffected party of
such cessation and the affected party shall, as soon as possible, fulfil its
obligations which were previously suspended, provided that in the event and to
the extent that fulfilment is no longer possible or the other party has given
written notice that it no longer requires such fulfilment, the affected party
shall not be obliged to fulfil its suspended obligations and the unaffected
party shall not be obliged to fulfil its corresponding obligations.
21.3. Should an event of force majeure continue for more than 14 (fourteen) days after the date
of the notice referred to in clause 21.1.2 and notice of cessation in terms of
clause 21.1 not have been given, then the unaffected party shall be entitled
(but not obliged) to terminate this agreement by giving written notice to the
affected party to that effect.
21.4. An “event of force majeure” shall mean any event or circumstances whatsoever which is not
within the reasonable control of the affected party including vis maior,
casus fortuitus, any act of God, the Covid-19 and /or any pandemic and
any impact it may have, protected strike, theft, fire, explosion, riot,
insurrection or other civil disorder, international restriction, any
requirement of any international authority, any requirement of any government
or other competent local authority, any court order, export control and
shortage of transport facilities, provided that, in the case of a protected
strike, the company has taken all reasonable commercial steps to mitigate the
effect of the aforesaid industrial action on the customer. A party will not be
entitled to claim it is delayed or affected by a cause beyond its reasonable
control if the cause in question is one which a reasonable person in the
position of the party should have foreseen and provided for.
22. GENERAL
22.1. You agree that you are bound by these terms.
22.2. We reserve the right to assign or subcontract any or all of our rights and obligations
under these terms and conditions to a third party.
22.3. You may not, without our prior written consent, assign or dispose of any rights or
obligations arising under these terms and conditions.
22.4. Some provisions contained in this agreement may also be superseded by provisions or
notices published elsewhere on the website.
22.5. If any of the provisions of this agreement shall be held to be invalid or unenforceable,
it shall not affect the enforceability of any of the remaining provisions.
22.6. This agreement, together with our privacy policy and any other policies on our
website, contain the entire agreement and understanding between you and us
relating to your application as a customer, any orders, subscription plans,
services rendered by the company to you, its content and use and supersede any
and all prior agreements, arrangements, statements and understandings, except
for any fraud or fraudulent representation by either your or us.
22.7. The customer consents to the company obtaining information from a credit bureau
and/or third party, in regard to ascertaining the customer’s credit worthiness,
profile, payment patterns, behaviour and suitability to be a customer.
22.8. The laws of the Republic of South Africa will apply in respect of any legal issue or
litigation arising directly or indirectly from the terms and conditions.