Please ensure that you are read all T&C’s before proceeding.

TERMS AND CONDITIONS – YOU GIFT SOME YOU GETSOME

  1. INTRODUCTION
    • These website terms and conditions (“Terms”) hereunder read with a Confirmation Letter when appropriate, govern the sale and delivery of Items and the Use of this Website. These Terms are binding and enforceable on all persons who Use the Website without qualification or exception. By entering the Website the User agrees to be bound and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or Use the Website.
    • By clicking the appropriate acceptance button and/or Using all or any portion of the Website, including the Services, the User explicitly accepts and agreesthat he or she has read, understood and agreesto be bound by all the Terms set out herein.If the User does not agree to these Terms, the User should not use our Website.
    • Important clauses which may limit the Company’s responsibility, or which may involve some risk to the User will be in bold. Please pay special attention to these clauses.
  2. INTERPRETATIONAND DEFINITIONS

In these Terms:

  • the headings appearing in these Terms are for the purposes of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify any of the provisions of these Terms;
  • a reference to a Party in a document includes that Party’s successors‑in‑title and permitted assigns;
  • unless the context clearly indicates otherwise, words importing natural persons shall include a reference to juristic personae and vice versa; a reference to one gender includes a reference to the other genders; a reference to the singular includes a reference to the plural and vice versa;
  • all of the schedules, Confirmation Letters and/or annexures to these Terms are incorporated herein and shall form an integral part hereof, words and/or expressions defined in these Terms shall bear the same meanings in such schedules or attachments which do not contain their own defined words and/or expressions, and shall have the same force and effect as if they were set out in the body of these Terms;
  • when any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case, the last day shall be the next Business Day;
  • where the day on or by which anything is to be done is not a Business Day, it shall be done on or by the first Business Day thereafter;
  • if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the interpretation and definitions clause, effect shall be given to it as if it were a substantive provision in the body of these Terms;
  • where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail;
  • where a term is defined within the context of any particular clause in these Terms, the term so defined shall bear the meaning ascribed to it for all purposes in terms of these Terms, notwithstanding that the term has not been defined in this clause 2, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause
  • recordals and introductions shall be binding on the Parties and are not merely for information purposes;
  • the rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting thereof, shall not apply;
  • 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 generisrule shall not be applied in the interpretation of such general wording or such specific example/s;
  • a reference to any statutory enactment or regulation shall be construed as a reference to that enactment or regulation as at the Signature Date and as amended, re-enacted or substituted from time to time thereafter;
  • the expiration or termination of these Terms shall not affect such of its provisions as expressly provide that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
  • any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, fax or electronic mail or any form of electronic communication or other process or partly one and partly another;
  • any reference to “in writing and signed” by a Party shall, notwithstanding anything to the contrary in these Terms, be read and construed as including any form of electronic signature or electronic acceptance capable of such acceptance by electronic means; and
  • unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate words and expressions shall bear corresponding meanings:
Buyer the User whose offer to purchase an Item has been accepted by a Seller
Commission the referral fees and/or commissions charged by the Company to the Seller and/or Buyer for the Services and as stated in the Confirmation Letter
Confirmation Letter a letter read with these Terms, confirming Commission, Purchase Price, disbursements, Item description, Parties and other related information as a result of the User buying or selling (as appropriate) an Item through the Website
Company You Gift Some You Get Some Proprietary Limited (Registration no. 2008/015452/07), a private company with limited liability incorporated in accordance with the laws of the Republic of South Africa
Delivery Charges all costs, expenses and disbursements incurred in relation to collection, storage and/or delivery of the Item from the Seller to the Buyer
Force Majeure an unforeseeable event including an act of God, fire, explosion, earthquake, volcanic eruption, flood, war, terrorist action, sabotage, revolution, invasion, insurrection, civil strife, riot, strike, blockade, embargo, boycott, confiscation, server breakdown and/or malfunctions and electricity failures or blackouts or any circumstances of a similar nature beyond the reasonable control of the Parties
Forgery an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source, which is not shown to be such in the description in the Online Catalogue and which at the Sale Date had a value materially less than it would have had if it had been in accordance with that description and includes any misrepresentation made with the intention of deceiving as to authorship, origin, date, age period, culture or source
Intellectual Property all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, logos, slogans, emblems, get-ups, designs, goodwill and/or trade secrets
Item/s any item or collection of items contained in an Online Catalogue which are offered for sale through the Company on behalf of a Seller, on the Website
Materials any direct or indirect expression of thought or idea or a combination of thoughts or ideas in material form, any direct or indirect artistic or aesthetic expression in material form or any data in material form, and shall include all reports, correspondence, documentation, designs, tables, schematics, plans, drawings, photographs, presentations, literary, musical and cinematographic works and sound recordings
Online Catalogue any advertisement, brochure, or other publication, published by the Company on the Website, advertising for sale the Items and includes a short description of each Item and where applicable and/or available together with a photograph thereof
Parties collectively, the User and the Company, and the term “Party” shall mean one of, or both of, them as the context may require
Personal Information information which identifies a User to third parties
Privacy Policy the privacy policy of the Company which can be accessed on the Website
Purchase Price the price of an Item as detailed in a Confirmation Letter which includes fees, taxes (including VAT), charges and expenses incurred or otherwise charged by the Company in relation to such Item, but excludes Delivery Charges and Commission
Sale Date the date upon which the Company notifies the Buyer that his offer to purchase an Item has been accepted by the Seller
Seller the User who offers the Item for sale and whose further details are stated in a Confirmation Letter
Services the services of the Company to Sellers and/or Buyers as appropriate, including the listing, assistance, negotiation, facilitation, referral, and promotion of Items to and/or from Buyers and/or Sellers
Terms the terms and conditions set out in this document and on the Website
Use the installation, access, use, utilisation, download, entry into or operation of the Website
User any person who accesses the Website and shall include a Seller, a registered User (in terms of clause 3) and/or a Buyer
VAT the value added tax imposed in terms of the Value Added Tax Act of 1991
Website the website located at http://yougiftyouget.co.za (or as amended from time to time) and includes any part or element thereof, including but not limited to related mobi-sites and software applications and which is owned or operated by the Company
  1. REGISTRATION AND USE OF THE WEBSITE
    • Items for sale will be displayed through an Online Catalogue which is available on the Website, from time to time.
    • The Online Catalogue will not stipulate the Purchase Price for any Items but will only be made available upon enquiry by a User of the Website.
    • Only registered Users of the Website may enquire about the Purchase Price of an Item and thereafter be entitled to purchase an Item through the Website.
    • To register as a User, you must provide a unique username and password and provide certain information and personal details to the Company. The username and password will be used to access the Website in order to enquire and to purchase Items on the Website.
    • All registered Users warrant that the username and password shall:
      • be for personal useonly; and
      • not be disclosed to any third party.
    • For security purposes Users agree to enter the correct username and password whenever enquiring about or purchasing Items, failing which access will be denied.
    • The Company shall be entitled to rely upon the purported identity of the User when it utilises the Website. The User agrees to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the User’s username and password and to take steps to mitigate any resultant loss or harm.
    • The User agrees that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of any orders made, save where the order is cancelled by the User in accordance with these Terms.
    • If the person registering as a User does so on behalf of an organisation or company, then such person is agreeing to these Terms for that organisation or company and warrants that he/she has the necessary authority to bind that organisation or company to these Terms. In that case the “User”will refer to that organisation or company.
    • The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of the Company.
    • The Company reserves the right to make any changes to the Website, its content including but not limited to the Online Catalogue and Items and/or services offered through the Website at any time and without prior notice.
    • A User is responsible for his own communications on the Website and is responsible for the consequences of its posting. A User may not do any of the following while Using the Website:
      • impersonate another person or entity; and
      • violate any applicable South African or international law.
    • If notified by a User of any communication that allegedly does not conform to any provision of these Terms, the Company may investigate the allegation and determine in its sole and absolute discretion whether to remove or request the removal of the communication and/or such User’s access to the Website.
    • The Company reserves the right at all times and in its sole and absolute discretion to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post or to remove any information or Materials, in whole or part.
    • The Website may contain links to other websites. The Company has no control over such websites, does not review their content and will not be liable for their content, security or accuracy.
    • The User may provide a link to this Website, provided that the User will only provide a link to this Website’s homepage and will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 3.
    • Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. The Company does not warrant against nor will it be held liable for such downtime and waives any liability thereto and furthermore is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
    • If a User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, the Company shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on the Company’s part and without prejudice to the Company’s rights in terms of these Terms or at law.
    • The Company is hereby indemnified by the User from and against any and all loss by any person (including the Seller and/or Buyer) which results from a breach of these Terms.
  2. ENQUIRY AND CONCLUSION OF SALES
    • A registered User shall be entitled to register their interest of a particular Item by enquiring through the Company as to such particular Items on the Website including availability, Purchase Price, Item specifications, quality and any additional terms and conditions applicable.
    • The Company shall correspond with the User regarding its queries as provided for in clause 1, including the Purchase Price as indicated by the Seller.
    • Should the User wish to make an offer for a particular Item, it shall complete a Confirmation Letter and deliver same to the Company where after the Company will present the material terms of such Confirmation Letter to the Seller.
    • The Seller shall be entitled to accept, reject or otherwise include conditions to such offer and where after the Company will communicate same to the Buyer.
    • Should the offer (or counter-offer) be accepted by the Seller this shall be deemed to be the Sale Date.
    • With effect from the Sale Date, a binding sale agreement will have come into force and effect between the Seller and Buyer where after the Company shall procure the delivery of the Item to the Buyer once payment has been made, in terms of clause 8and the remaining provisions of these Terms.
  3. BUYER
    • Any dispute of whatsoever nature concerning any purchase (including, without limitation, any dispute between two or more Users who have enquired about the same Item or between the Companyand one or more User) shall be determined by the Company in its sole and absolute discretion and whose decision shall be final and binding.
    • Buyers shallbe personally liable for their purchases, regardless of whether the Buyer is acting as agent on behalf of a third party.
  4. ITEMS AND ONLINE CATALOGUES
    • All Materials in any Online Catalogue are intended merely as guidance for Users and do not providedefinitive information as to colours, patterns, quality or standard of any Item.
    • The Company will not be liable for any error, misstatement or omission in the description of an Item (whether in any Online Catalogue, the Website or otherwise) and does not warrant the Item in respect of, inter alia, the price, authorship, attribution, genuineness, origin, date, age, or condition, unless the Company engaged in intentionally misleading or deceptive conduct. Any representation or statement by the Company in any Online Catalogue, the Website or otherwise as to, inter alia, price, authorship, genuineness, origin, date, age, or condition, is a statement of opinion. Every User interested in an Item should rely on his own judgement as to such matters.
    • In purchasing an Item, all Buyers confirm that they have not been induced to do so by any representation of the Company.
  5. FORGERY
    • If an Itemsold to a Buyer proves to be a Forgery (which will only be the case if an expert appointed by the Company and paid for by the Buyer, for such purpose confirms same in writing), the Buyer may (as his sole remedy) return the Item to the Company within 6 (six) months of the date of delivery of the Item to the Buyer, provided the Item is in the exact same condition in which it was as at the date of delivery, together with a written statement by the expert detailing the Forgery to the Item, the Sale Date, the date of delivery and the Seller has agreed to refund the Purchase Price of the Item. Should the Company be satisfied in its absolute sole discretion that the Item is a Forgery and the Buyer is incapable of transferring good and marketable title to the Item to a third party buyer thereof, free from any encumbrances and other third party claims, the sale of the Item shall be set aside and the Purchase Price of that Item shall be refunded to the Buyer, provided that the Buyer shall have no rights against the Company (whether under these Terms, at law or otherwise), if:
      • the only method of establishing that the Item was a Forgery was by means of a scientific process not generally accepted for use until after publication of the Online Catalogue in which that Item was identified or by means of a process which was impracticable and/or unreasonably expensive and/or could have caused damage to the Item;
      • the description of the Item in the Online Catalogue in which the Item was identified was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was conflict of such opinion;
      • a Buyer’s claim (whether in contract, delict or otherwise) shall always be limited to specific performance relating to the Item;
      • the Seller of the Item in question, has agreed to refund the Purchase Price of the Item to the Company; and
      • the benefits of this condition shall not be transferable by the Buyer of any Item to a third party and shall always rest exclusively with the Buyer.
  1. PAYMENT
    • Payment, without deduction or set-off, by a User shall be made by credit card or via Electronic Fund Transfer (“EFT”) into the bank account of the Company via the payment facilities and/or details on the Website.
    • Notwithstanding any other clause contained in these Terms, payment in terms of clause 1shall be regarded as having been received by the Company, in the event that payment is made:
      • by credit card transaction, where such payment has been cleared by the relevant bank and credited to the Company’s bank account; and
      • by EFT, where such payment has been credited to the Company’s bank account in cleared funds.
    • In respect of clause 2.1, the User warrants that he or she is fully authorised to use the card supplied for the payment of the Item/s.
  2. DELIVERY, OWNERSHIP AND RISK
    • Ownership and risk in an Item so purchased by the Buyer shall pass to the Buyer when the Company has received settlement of the Purchase Price in full for that Item in accordance with clause 8, despite whether delivery may not yet have taken place. The Company shall not be liable for, and the Buyer indemnifies the Company against, any loss or damage of any kind, prior to, during or after the delivery of the Item to the Buyer.
    • All Buyersare advised to arrange for their own insurance cover for purchased Items effective from the Sale Date for purposes of protecting their interests as the Company does not warrant nor can it confirm the Seller has insured its interests in the Item or that the Company’s insurance cover, if any, will adequately extend to all risks.
    • The Company does not accept any responsibility or liability for Items damaged by insect infestation, changes in atmospheric conditions or due to Force Majeure events.
    • The Item shall be delivered to the Buyer at an address nominated by the Buyer as may be detailed in a Confirmation Letter and at a time that is convenient to the Company, notwithstanding that such delivery shall only be made after payment of the Purchase Price has been received in full by the Company, in terms of clause8.
    • The Item shall be delivered to the Buyer by way of a courier service, and such courier service shall be procured by the Company in its absolute and sole discretion on behalf of the Buyer. The Buyer shall be liable for the costs associated with the courier service, including, but not limited to, the packaging, preparation, collecting and delivering of any Items purchased by the Buyer, which Delivery Charges shall be detailed in a Confirmation Letter.
    • The Company shall not be liable for any acts or omissions of the courier service.
    • The refusal of any approval, licence, consent, permit or clearance as required by law shall not affect the Buyer’s obligation to pay for the Item.
  3. ERRORS
    • The Company shall take reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Items contained in the catalogueon the Website. However, should there be any errors of whatsoever naturein the catalogue oron the Website, the Companyshall not be liable for any loss, claim or expense relating to a transaction based on any such
  4. WARRANTIES AND REPRESENTATIONS
    • The User warrants and represents to the Company on a continuous basis, the following:
      • he is over 18 (eighteen) years of age;
      • he is duly authorised to enter into transactions contemplated in these Terms;
      • he will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper workings of the Website;
      • it is acting as principal and not as an undisclosed agent;
      • he is not married in community of property;
      • as Seller:
        • he confirms that the descriptions of the Items themselves are a fair representation of the nature of such Item;
        • he confirms that the Company is the effective cause of the sale of the Items to the Buyer;
        • he has valid title to and is in lawful possession of, the Items being sold;
        • there are no material defects in the Items nor are they Forgeries;
        • no person has any right to acquire or claim delivery, ownership or transfer or the use, possession or enjoyment of the Items, and all the Items are owned both legally and beneficially by the Seller free from any third party rights; and
        • the Items are not subject to any mortgage, debenture or notarial bond, attachment, lien, pledge, cession in security or other encumbrance.
  1. IMPORT, EXPORT AND COPYRIGHT RESTRICTIONS

Save as expressly set out in any other provision of these Terms, the Company makes no representations or warranties as to whether any Item is subject to export, import or copyright restrictions. It is the Buyer’s sole responsibility to obtain all approvals, licences, consents, permits and clearances that may be or become required by law for the sale and delivery of any Item to the Buyer.

  1. CANCELLATION AND RETURNS
    • Subject to the Electronic Communications and Transactions Act, the Buyer may be entitled to cancel a sale without reason and without penalty within 7 (seven) days after the Item has been delivered to the Buyer, provided that:
      • the Item shall be returned to the Company in the exact same condition as on the date the item was delivered to the Buyer;
      • the Company shall in its sole and absolute discretion appoint the courier service who shall collect the Item from the Buyer, and the Buyer shall be liable for the costs of such courier service (“Return Costs”);
      • the Seller shall have agreed to such return of the Item and refunded the Purchase Price to the Company thereof; and
      • the Purchase Price of the Item less the Return Costs and any administration fees incurred by the Company, shall be refunded to the Buyer within 30 (thirty) days of the date of cancellation.
    • Save for clause 1, a Buyer will not be entitled to rescind any transaction and request a refund of any payment in terms thereof after the Sale Date.
  2. REMEDIES FOR NON-PAYMENT AND BREACH
    • Without prejudice to any rights that the Company may have, if, for whatsoever reason, any Item is not paid for in full or payment of any amount is not cleared or if there is any other breach of these Terms by the Buyer, User or the Seller (“Defaulting Party”); the Company shall, in its sole and absolute discretion and without limiting any other rights or remedies that may be available to it or at law, be entitled to exercise one or more of the following remedies:
      • to store and insure the Item at its premises or elsewhere should the Defaulting Party not accept delivery of the Item within 28 (twenty eight) days of notification that the Item is available for delivery, at the Defaulting Party’s sole risk and expense;
      • to rescind the sale of the Item sold to the Defaulting Party and for the Defaulting Party to forfeit any deposit made in lieu of the Item, as a Rouwkoop;
      • to set off any amounts owed to the Defaulting Party by the Company against any amounts owed to the Company by the Defaulting Party ;
      • to claim damages against the Defaulting Party;
      • to require the Defaulting Party to make specific performance;
      • to disclose the Buyer’s details to the Seller (or vice versa) to enable the Seller or Buyer (as appropriate) to commence legal proceedings against the Defaulting Party;
      • for the Company itself to commence legal proceedings; and
      • to charge interest on a monthly basis at a rate not exceeding the prime rate on the total amount due to the extent that it remains unpaid after 7 (seven) days from the Sale Date.
    • Should a claim by a User escalate into being a dispute between another User, although the Company is not party to such dispute nor obliged to resolve it, it is entitled to become involved in an attempt to resolve it. Regardless, any dispute must ordinarily be resolved between the Users alone.
  3. DISCLAIMERS AND LIMITATION OF LIABILITY
    • The User makes Use of this Website entirely at his own risk and assumes full responsibility for any risk or loss resulting from such Use of the Website or reliance on any information herein.
    • The Website and all information, content, Materials, Items and Services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis without warranty of any kind,including, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, as may be allowed in law. The Company makes no guarantees, warranties or representations of any kind, express or implied, as to the integrity, satisfactory quality, operation, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website or Items, content, materials or services included on or otherwise made available to the User.
    • The Company disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with a User’s access to or Use of the Website and/or any content therein unless otherwise provided by law.
    • The Company makes no guarantee, warranty or representation, whether express or implied, that the information available on the Website is free of viruses, spyware, malware, Trojan horses, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede the operation, stability, security functionality or content of the system a User utilises to Use the Website.
    • The Companyshall not be liable for any omissions, errors or misrepresentations in any information (whether written or otherwise and whether provided in an Online Catalogue, telephonically, electronically or otherwise) provided by or to Users, or for any acts or omissions in connection with any matter relating to its Services or the sale of any Item.
    • To the extent that the Company’s liability cannot be excluded by law, the Company’s only liability under or in connection with the Terms, whether for negligence, misrepresentation, breach of contract or otherwise, shall be limited to specific performance to remedy the said breach. In no event shall the Company be liable for indirect, incidental, consequential, special, punitive or exemplary damages (even if a User has been advised of the possibility of such damages), including loss of revenue, loss of profits or business, goodwill, reputation, anticipated savings, costs of delay, costs of lost or damaged data or documentation or restoration costswhich might arise from the Use, reliance upon, or in connection with the Website, the Services, the sale of any Item or whether caused by latent or patent defects or otherwise.
    • The User hereby indemnifies the Company and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or any third party pertaining to the Use of the Website, the Use thereof by the User, the Services, the sale of any Item and/or arising from the provisions of these Terms.
    • The Company will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is due to a Force Majeure event.
  4. CONFIDENTIAL INFORMATION
    • In Using the Website a User will from time to time be prompted to provide to the Company certain Personal Information, including without limitation, information required for purposes of user registration. The Company will process information about the User in terms of its Privacy Policy. The Company is committed to protecting Users’ privacy and Personal Information and confirms that it will not use such information for any purpose other than as stated in its Privacy Policy nor provide such information to any third party without the User’s prior consent. In turn, the User acknowledges that by Using the Website, the User:
      • consents to any processing or storage of such information and warrants that any and all data provided is up-to-date, complete and accurate;
      • undertakes to maintain and promptly update the aforementioned information to keep it up-to-date, complete and accurate; and
      • warrants that he has read the Privacy Policy, has taken time to understand the content thereof and freely and voluntarily consents thereto.
    • The User agrees to protect any confidential information it may be exposed to as a result of Utilising the Website and/or Services whether it is that of the Company, Seller or Buyer; by using the same standard of care (but no less than a reasonable standard) used to safeguard its own information of a confidential nature and by taking all reasonable steps to prevent any unauthorised disclosure of confidential information.
    • The confidentiality obligations of the User pursuant to the provisions of clause 2shall not apply to any information that is disclosed:
      • by the User to satisfy the order of a court of competent jurisdiction or to comply with provisions of any law or regulations in force from time to time; or
      • to a third party (which could be a Seller or Buyer) pursuant to the prior written authorisation from the Company, Seller or Buyer as appropriate.
    • Any Material that a User uploads Using the Website and/or Services will be considered non-confidential and non-proprietary and for such content the User grants the Company a transferable, royalty-free, non-exclusive, worldwide, irrevocable license to use, copy, distribute, adapt, edit, amend, disclose, sub-license to third parties and create derivative works in whole or in part in perpetuity, of any such Material for purposes of these Terms.
  5. NOTICES
    • The Company’s address is: 43 Silver Lane, Ormande, Johannesburg, Gauteng, 2091, E-mail:admin@yougiftyouget.co.za, alternatively as set out on the Website, Attention: Director, as its address for service of all formal notices and legal processes in connection with these Terms. The Company may change this address from time to time by updating the Terms.
    • Any notice by the Company to a User may be sent by the Company to the latest address as provided to the Company by the User which shall be deemed to be its nominated address for purposes of formal notices and legal processes in connection with these Terms. A User shall only give notice or communication required or permitted to be given in terms of these Terms and shall be valid and effective only if in writing. Any notice to be addressed in terms of clause 17may be given by:
      • hand or sent by prepaid post, and if so given will be deemed to have been received by the addressee, 7 (seven) days after posting; or
      • if by fax, and if so given will be deemed to have been duly received by the addressee within 1 (one) working day from transmission; or
      • by e-mail, and if so given will be deemed to have been duly received by the addressee within 24 (twenty four) hours from transmission.
    • Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a User shall be an adequate written notice or communication to such User, notwithstanding that it was not sent to or delivered at the User’s nominated address.
  6. RELATIONSHIP

Nothing contained herein shall be deemed to constitute any Party as an agent, representative, employee or partner of another Party, or as joint venturers or partners for any purpose. Save as expressly stated herein to the contrary, no Party shall be responsible for the acts or omissions of any other Party, and the User shall not have the authority to bind, incur, speak for, represent or obligate the Company in any way whatsoever.

  1. APPLICABLELAW AND JURISDICTION

The Website will, in all respects, be governed by and construed under the laws of the Republic of South Africa and all disputes, actions and other matters relating to these Terms will be determined in accordance with such law and the User agrees to the jurisdiction of the courts within the Republic of South Africa.

  1. GENERAL
    • No alteration, variation, novation or cancellation by agreement of, addition or amendment to, or deletion from these Terms, including this clause 1, shall be of any force or effect unless in writing and signed on behalf of the Company or its duly authorised representatives. The Company reserves the right to change any of the terms and conditions contained in the Terms, at any time and in its sole discretion. When the Company makes such changes, it will revise the “last updated” date at the bottom of the Terms. Any changes will be effective immediately upon posting on the Website. A User’s continued Use of the Website and/or Services following the posting of any changes will constitute its irrevocable acceptance of such changes. The Company encourages Users to review the Terms on a regular basis.
    • No waiver or abandonment by a Party of any of its rights in terms of these Terms shall be binding on that Party, unless such waiver of abandonment is in writing and signed by the waiving Partyand any such waiver or abandonment shall be effective only in the specific instance and for the specific purpose given.
    • If any provision hereof is held to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto, but without affecting, impairing or invalidating any of the remaining provisions of these Terms which shall continue to be of full force and effect.
    • These Terms read with a Confirmation Letter (to the extent applicable) constitutes the entire agreement between the Parties, with respect to the subject matter dealt with herein and no undertaking, representation, warranty or promise not contained herein shall be of any force between the Parties.
    • No remedy conferred by these Terms is intended, unless specifically stated, to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy by a Party shall not constitute a waiver by such Party of the right to pursue any other remedy available at law.
    • Neither a User, Buyer nor Seller shall be entitled to cede, assign or transfer all or any of its rights and/or obligations in terms of these Terms, without the prior written consent of the Company. The Company shall be entitled to cede and/or assign all or any part of its rights and/or obligations under these Terms on notice to the User.

Last Updated: [27 June2019].