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TERMS AND CONDITIONS OF USE OF THE MYMARKET.COM (PROPRIETARY) LIMITED WEBSITE (“website”)

1.       INTERPRETATIONS & KEYWORDS

1.1.    Interpretations

The headings of the clauses in these terms are for purposes of convenience and reference only and shall not be used in the interpretation of or modify nor amplify the terms of these terms nor any clause hereof. Unless a contrary intention clearly appears, words importing one gender includes the other genders; the singular includes the plural and vice versa; and natural persons include juristic entities (corporate or unincorporated) and the state and vice versa.

 

The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –

 

1.2.    Keywords

1.2.1. Mymarket and mymarket.com – shall mean Mymarket.com (Pty) Ltd, an online e-procurement company, duly incorporated and registered in terms of the company laws of the Republic of South Africa, with registration number 2000/014/777/07;

1.2.2. Catalogue - shall mean an electronic, organised, detailed list of pre-approved products and items in a specified format available for order by the Client from pre-approved suppliers on the Marketplace;

1.2.3. Confidential Information – shall mean any information or data which by its nature or content is identifiable as confidential and/or proprietary to the disclosing party and/or any third party, or which is provided or disclosed in confidence; and which the disclosing party or any person acting on its behalf may disclose or provide to the receiving party or which may come to the knowledge of the receiving party by whatsoever means;

1.2.4. E-procurement –shall mean the business-to-business purchase and sale of products and Services over the Internet;

1.2.5. Intellectual Property – shall mean the copyright, trademarks, trade patterns, slogans, the trade name and any right to them whether registered or not, which are used and/or held even though not currently used by Mymarket in connection with its business, applications for rights to obtain or use any such intellectual property, know-how and any other rights to intellectual property, whether under South African or foreign law;

1.2.6. Platform – shall mean the basic technology of a computer system's hardware and software that defines how a computer is operated and determines what other kinds of software can be used.

1.2.7. Reverse Engineering – shall mean the taking apart of an object to see how it works in order to duplicate or enhance the object;

1.2.8. Supplier – shall mean any business entity registered in terms of the company law of the Republic of South Africa or any company registered in terms of international law and trading in the Republic of South Africa and shall include any airline, manufacturer, wholesaler, distributor, merchant or dealership that provides Service to any other entity in an agreed upon manner, and which is adopted by Mymarket to trade via the Marketplace or via the Online Travel Solution;

1.2.9. Trade Secrets – shall mean Mymarket’s -know-how, processes, techniques, methods, designs, products and organisational and other structures employed in the business of Mymarket;

1.3.    When a 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 Saturday, Sunday or public holiday in South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

1.4.    When figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

1.5.    Expressions defined in these terms shall bear the same meanings in schedules or annexure(s) to these terms which do not themselves contain their own definitions.

1.6.    Reference to day(s), month(s) or year(s) shall be construed as calendar day(s), month(s) or year(s).

1.7.    The expiration or termination of these terms shall not affect such provisions of these terms as expressly provided that they will operate after any such expiration or termination or which, of necessity, must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

   

  2.       INTRODUCTION

2.1.    Mymarket.com (Proprietary Limited), a company duly incorporated and registered in terms of the company laws of the Republic of South Africa, with Company No. 2000/014/777/07 (“Mymarket”) conducts business as a business to business online marketplace for the purposes of facilitating the trade and exchange of information, and facilitating the procurement and selling of goods and Services via the internet, as well as the procurement of flights, car rentals and accommodation for travel (“Services”).

2.1.1. For purposes of these terms, ‘Marketplace’ is defined as “An e-procurement market, that enables buyers to trade with pre-approved suppliers, allowing them to place orders via the internet through a single log-on in a secure and confidential manner. The marketplace provides buyers and sellers with a secure way in which to procure or sell products and/or Services electronically on the internet”.

2.1.2. Please read these terms carefully, and should you have any legal questions, please direct them to: ryank@mymarket.com.

2.2.    Only companies and other juristic entities are entitled to register for use of the Services. Accordingly, Mymarket will not accept any applications for registration from natural persons (i.e. individuals). In this regard, any application for use of the Services received from an individual may be rejected by Mymarket.

2.3.    Mymarket makes the Services and provides the information contained on this website and any of the pages referenced on the website to you subject to the terms and conditions of use set out herein and referenced herein (collectively “terms”). By accessing and/or using the Services, you agree to be bound by and comply with the terms and any further terms that Mymarket may prescribe from time to time. Mymarket may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the Mymarket website. Each time you access the website and/or use the Services, you agree to be bound by and comply with the terms, as may be modified from time to time.

2.4.    Certain suppliers may have concluded a separate supplier agreement with Mymarket (“supplier agreement”). If there is an ambiguity or discrepancy in respect of the terms and the supplier agreement, the terms contained in the supplier agreement shall prevail.

2.5.    For the duration of your legal entitlement to make use of the Services, Mymarket grants you a non-transferrable, non-exclusive licence to use the interface to access the Mymarket Platform, as a third party user for the purpose of buying and/or selling via the marketplace and subject to the terms.

 

3.       CONTENT OF THE WEBSITE

3.1.    Whilst every effort is made to update the information provided on the website or any of the web pages comprising the website, Mymarket makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness and/or reliability of any information, data and/or content contained on the website (including but not limited to any information which may be posted by any supplier on the website and as well as any content listed in any electronic catalogue) (collectively “information”) and shall not be bound in any manner by any such information.

3.2.    Although Mymarket have tried to make sure that as far as possible the information contained on the website is up to date and accurate, portions of the information contained herein may be incorrect, incomplete or out of date.

3.3.    No information contained on the website (and whether posted by Mymarket or any third party) shall be construed as advice, and same is offered for information purposes only, and you are not entitled to take any action, legal or otherwise, based on the information.

3.4.    The application or use of this information by any entity is strictly voluntary and shall be at the sole risk of the user.

3.5.    Neither Mymarket nor its officers and staff accept any responsibility for errors and/or omissions on this website and shall not be liable for any loss caused directly, indirectly or consequently further to reliance on information from this website.

3.6.    Mymarket may from time to time link to certain websites that Mymarket has no control over and that Mymarket feels may be of interest to visitors to the Mymarket website. Neither Mymarket nor its officers and staff accept responsibility for the contents of such sites that are linked from the Mymarket website.

 

4.       USER ID(S) AND PASSWORD(S)

4.1.    You are not entitled to use any of the Services until you have been registered as a buyer or supplier on the website. Once you have been registered, Mymarket will provide you with a User ID, Password and Organisation ID.

4.2.    You undertake to ensure that your User ID, Password and Organisation ID, as the case may be, are not disclosed to any third party, and to immediately report any actual or potential unauthorised access to or use of your User ID, Password or Organisation ID, as the case may be, to Mymarket. 

4.2.1. On receipt of such communication from you, Mymarket reserves the right to (i) reject any communications received from you, (ii) suspend the processing of any communications and instructions not yet executed by Mymarket, and (iii) immediately deactivate your User ID, Password and/or Organisation ID, as the case may be.

4.2.2. You shall thereafter be obliged to refrain from using the Services until such time as a new User ID and/or Password and/or Organisation ID, as the case may be has been issued to you by Mymarket.

4.3.    Mymarket may from time to time require you to change your User ID and/or Password and/or Organisation ID, and you undertake to comply with such instruction immediately upon receipt of written notice to do so.

4.4.    You further acknowledge and agree that insofar as any unauthorised third party is able to access your User ID, Password and/or Organisation ID, as the case may be, this could result in fraudulent transactions taking place, without your consent.

 

5.       RELATIONSHIP BETWEEN BUYERS AND SUPPLIERS

5.1.    Mymarket simply provides a technology solution and platform that facilitates transactions between buyers and suppliers.  Mymarket is not a party to such transactions or any agreements between buyers and suppliers. Each supplier will have their own terms of supply which will regulate the relationship between buyers and suppliers.

5.2.    Mymarket does not make any purchases on your behalf, nor does Mymarket become involved in any dealings between suppliers and buyers, other than making the tools available to buyers and suppliers to enable buyers and suppliers to transact with each other (“tools”).

5.3.    All correspondence and dealings between buyers and suppliers via the website are solely between the buyer and supplier in question. My market has no control over and is not responsible for the quality, safety or legality of the goods or Services offered or sold; the accuracy of any information provided by suppliers or buyers; or the ability of buyers and suppliers to complete the purchase or sale of goods or Services. Mymarket cannot be held responsible or liable for any loss or damage of whatever nature which may be suffered by you as a result of such dealings.

 

6.       VERIFICATION 

6.1.    You agree that all instructions, information and any other communication(s) which purport to originate from you or from a person who has authority to act on your behalf in respect of such communication(s) or an information system program by or on your behalf to operate automatically (unless it is proven that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Mymarket electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the communication(s) actually sent or given or may not have been given by you at all, shall be deemed to have been sent from the originator in the form actually received by Mymarket, and you will be bound by such communication(s) and/or information with no liability of whatever nature attaching to Mymarket in regard thereto.

6.2.    You waive any rights you may have or obtain against Mymarket arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Mymarket acts on your communications or on communications purported to originate from you. You agree to and hereby indemnify Mymarket against any and all claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, as a result of the fact that Mymarket has acted on your communication(s) or communication(s) which purport to emanate from you.

6.3.    You agree that the provisions of Section 26(1) of the Electronic Communications and Transactions Act No. 25 of 2002 are excluded, and that an electronic communication is deemed to have been received by the recipient once the recipient thereof has actually acknowledged receipt of such message by way of an electronic communication.

 

7.       CONDUCT 

7.1.    You may not purchase or sell any goods or Services via the marketplace which are prohibited from being purchased or possessed by any applicable law or in circumstances where the rights of any third party may be infringed.

7.1.1.    You alone are responsible for ensuring that you (continuously) comply with any and all applicable laws.

7.2.    You may not interfere with the operation of any of the tools, the website and/or the Services, including by using any software, routine or device that will or may interfere with the tools, Services and/or the website, including but not limited to viruses, trojan horses, worms, time bombs, or cancelbots.

7.3.    You shall not intercept any data or personal information transmitted on or via the website.

7.4.    You are responsible for ensuring that all information provided to Mymarket in your application form(s) is complete, accurate and current at all times. Mymarket will at all times be entitled to call upon you to provide all information which we reasonably require to verify your compliance with these terms.

 

8.       EXTERNAL LINKS 

8.1.    External links may be provided for your convenience, but they are beyond the control of Mymarket and no representation is made as to their content. Use or reliance on any external links provided is entirely at your own risk. When visiting external links, you must refer to that website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website, without the express prior written permission of Mymarket.

 

9.       SUBMISSIONS TO THE WEBSITE

9.1.    By accessing the website, you hereby grant Mymarket a non-exclusive, worldwide, royalty-free licence, to link to, utilise, use, copy, exploit, and/or prepare derivative works of any information submitted by you to the website.

9.2.    Mymarket is not responsible for any material submitted to the website and/or any public areas of the website by you. 

9.2.1. Any material submitted by you is not endorsed, reviewed or approved by Mymarket.

9.2.2. Mymarket reserves the right to remove any material submitted or posted by you to the website and in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are, or there is any likelihood that you may:

A.               Defame, abuse, harass, threaten or otherwise violate the rights of other users or any third parties;

B.                Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

C.                Upload files that contain viruses, corrupt files or any other similar software or programmes that may damage the operation of Mymarket’s and/or any third party’s computer system(s) and/or network(s);

D.               Violate any copyright, trademark, other applicable South African or international laws or intellectual property rights;

E.                Submit content containing marketing or promotional material which is intended to solicit business;

F.                Upload, post or in any other way transmit information which you are not authorised to transmit.

10.   COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

10.1.Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “materials”) are owned by Mymarket alternatively, Mymarket is the lawful user thereof and are 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 as aforesaid or any component thereof, will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal business purposes.

10.2.The trademarks, names, logos, and Service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Mymarket, and nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written consent of Mymarket.

10.3.You shall not reverse engineer any of Mymarket’s technology that you may be utilising in terms of any agreement between you and Mymarket, including but not limited to (i) Black Box Methods; (ii) Disassembly; (iii) Decompiling.

 

11.   WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

11.1.Mymarket makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the Services and any of the information contained on the website. 

11.2.Without limiting the generality of the aforegoing, Mymarket gives no warranty of whatever nature regarding the accuracy, or appropriateness in any jurisdiction of any information provided on or referenced by the website.

11.3.Furthermore, Mymarket provides no warranty of whatever nature regarding the use, operation and functionality of the tools and/or the transactions conducted via the website; Accordingly, the website and the tools are made available and the information is provided to you on an “as is” and “as available” basis.

11.4.Mymarket shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or inconsequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use/or use of the website and/or the tools and any information contained on or accessed via the website.

11.5.You hereby indemnify Mymarket and waive any rights you may have or obtain against Mymarket in respect of any loss, liability, damage (whether direct, indirect or inconsequential) or expense of any nature whatsoever, which may be suffered by you and/or any third party as a result of or which may be attributable directly or indirectly to any of the aforesaid.

11.6.Notwithstanding anything to the contrary contained herein, Mymarket shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you and/or any third party, howsoever arising in respect of your use of or reliance upon any information offered on or via the website and/or your use of the Services.

11.7.You further acknowledge and agree that your access to the website and use of the Services, the website and/or the tools will not be free of interruption or errors, technical inaccuracies, viruses, problems or other limitations, and that the website and Services may be unavailable from time to time. You accordingly assume total responsibility and risk for your use of and reliance upon the website and the Services and any information accessed via the website.

11.8.Except in instances of gross negligence or willful acts, neither Mymarket nor its directors shall be liable to any party (and you hereby indemnify Mymarket in respect thereof) for any loss, liability, damage and/or expense of whatever nature and howsoever arising which may be caused by and/or attributable to these terms, including but not limited to:

11.8.1.    Mymarket or its nominee's failure to include any content in the electronic catalogue/s and/or the inclusion of incorrect data in the electronic catalogue/s;

11.8.2.    The loss of integrity of any content;

11.8.3.    Any malfunction or inoperability of the computer system and/or software by which the electronic catalogue/s and/or the Travel Solution is made available and/or operated;

11.8.4.    The unavailability of any telecommunications lines;

11.8.5.    a customer and/or supplier not receiving an order and/or the details of an order being incorrect;

11.8.6.    Any transaction or order not being effected and/or fulfilled;

11.8.7.    Any dispute which may arise between a customer and the Supplier(s);

11.8.8.    The acts or omissions of any third party appointed by Mymarket from time to time to create electronic catalogue(s).

11.8.9.    Non-payment of any orders from buyers to suppliers.

11.9.Neither party shall be liable to the other for any special, indirect, consequential or incidental damages sustained or incurred by the other party howsoever arising.

11.10.      The total liability of Mymarket from any form or cause of action whatsoever (other than any liability or cause of action which arises out of any breach by Mymarket of the provisions of clauses 10 or 12) shall not exceed an amount in the aggregate, for the duration of these terms, of the fees paid by any party in the 12 (twelve) months immediately preceding any claim by the such party.

 

12.   PRIVACY POLICY

12.1. Mymarket is sensitive to the private nature of the information you provide to us over the internet. When you register with Mymarket, fill out our online forms and request information from Mymarket, you are providing Mymarket with personally identifiable information. The personally identifiable information you provide ranges from limited personal data such as name, company details, address and email address, to facts about your business and procurement requirements. Mymarket does not knowingly collect personal information from children under the age of 18 (eighteen). In addition, our web servers automatically collect web site usage information from you when you visit the website. Website usage information informs Mymarket about how our visitors and subscribers use and navigate our websites, including the number and frequency of users to each web page, their IP address, and the length of their stays.

12.2.Mymarket may combine the personally identifiable information that you provide to Mymarket on our web pages with other information about you that is available to us, including website usage information and information from other sources. Mymarket may use this information to inter alia enable us to improve your experience on the website; to improve and develop new products features and Services; to provide marketing with aggregate information about our user base and usage patterns; to allow us to personalise the advertising that users see based on their personal characteristics or preferences, and for other purposes. We may share such information with third parties in order to help us improve our content for the purposes of the aforesaid. Mymarket will not provide any confidential personal information to any third parties without your express written consent (E.g. Identity numbers, cellular phone numbers etc).

12.3.In addition, we may disclose any information about you to other third parties, as we, in our sole discretion, believe necessary or appropriate , in connection with an investigation of fraud, intellectual property infringements, or any other activity that is illegal or may expose Mymarket to legal liability, or in connection with any merger or consolidation of activities of Mymarket, or the sale of Mymarket’s business. 

12.4.Mymarket reserves the right to contact you at any time regarding any problems or questions, as well as to notify you of changes to our Privacy Policy, or to other policies or terms that affect you and your use of the website and/or Services, and to share your information in order to enforce our policies and terms governing the website.

12.5.Several of our Services are entirely voluntary – you must ‘opt-in’ to receive such Services. In addition, you can let us know that you do not wish to receive information about new products, Services and special offers by opting out at the time that you give us your personally identifiable information or by contacting us at support@mymarket.com.

12.6.The personally identifiable information we collect about you is stored in limited access servers. Mymarket maintains rigorous safeguards to protect the security, integrity and privacy of those servers and of your personally identifiable information.

12.7.You may review and update the personally identifiable information you provide us as part of the registration process by accessing your registration information at Register.

12.8.If you have any questions, comments or concerns regarding Mymarket’s Privacy Policy, you may contact us at info@mymarket.com.

 

13.   TERMINATION 

13.1.You agree that Mymarket may terminate your registration (or any part thereof) or use of the Services and access to the marketplace:

13.1.1.    Without notice if Mymarket are of the opinion that or buyer’s or seller’s conduct may prejudice the goodwill and/or reputation of Mymarket;

13.1.2.    Without notice if the termination of the Services and/or access to the marketplace is for reasons beyond Mymarket’s control.

13.1.3.    Upon 60 (sixty) days written notice if termination is due to any reason other than those set out in 13.1.1. and 13.1.2.

13.2.Your license to utilise the tools will immediately terminate if your registration or right to use the Services is terminated for any reason.

 

14.   BREACH

14.1. Notwithstanding anything to the contrary contained in these terms, should any party (“the defaulting party”) commit a breach of any material provision of these terms, and fail to remedy such breach, or if the breach is not capable of remedy, failing to implement remedial action acceptable to the other party (“the aggrieved party”), within 14 (fourteen) days of receiving written notice from the aggrieved party requiring the defaulting party to do so, the aggrieved party shall be entitled (in addition to its other remedies available in law or in terms of these terms) to cancel these terms forthwith and without prejudice to its rights to claim damages.

 

15.   RIGHTS ON TERMINATION

15.1.Upon termination of these terms or any other agreement between the parties for any reason whatsoever, Mymarket shall be entitled to immediately deactivate your User ID(s), Password(s) and PIN(s) (if applicable).

15.2.Upon the date of termination of the terms for any reason whatsoever, you shall, at the election of Mymarket, either destroy or return the user interface and all documentation in respect thereof to Mymarket.

15.3.Upon the date of termination of the terms for any reason whatsoever, you shall pay to Mymarket all amounts due and owing to Mymarket under the terms within 7 (seven) days after termination.

15.4.Upon the date of termination of the terms for any reason whatsoever, the parties shall return to the other, all confidential information of the other then in its possession.

15.5.The right of termination by any party is without prejudice to any remedies available to either party under these terms or at law for breach of contract.

 

16.   FORCE MAJEUR 

16.1.If either party is prevented directly or indirectly from carrying out any of its obligations under the terms by reason of any event constituting force majeure (being any cause beyond the reasonable control of either party, including power failures and the downtime of any telecommunications line, an act of God or State, war, sabotage, fire, drought, flood, disease, epidemic, civil commotion, riot, strike, lock-out, labour stoppage), then that party shall be relieved of its obligations hereunder during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations under these terms during such period, provided that both parties will use reasonable endeavours to limit the nature and extent of the effect of the force majeure event on their contractual obligations in terms of these terms, and provided that if the force majeure event continues for a period longer than 60 (sixty) days, either party may cancel these terms.

 

17.   ADDRESS FOR SERVICE (“DOMICILIUM”)

17.1.The address for Service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, and/or the serving of any process is:

17.1.1.    Physical:

Mymarket.com (Proprietary) Limited

1st Floor

158 Jan Smuts Avenue

Rosebank

2196

Johannesburg

17.1.2.    Postal: PO Box 1429, Parklands, 2121, South Africa

17.1.3.    Fax: +27 (0)11 880 3254

17.2.Mymarket shall be entitled from time to time, by giving notice to you, vary its physical and/or postal address for Service to any other physical and/or postal address within the Republic of South Africa, and to vary its facsimile address for Service to any other facsimile number.

17.3.Any notice or payment made, delivered by hand between 09:00 and 17:00 on any business day to the addressee's physical domicilium for the time being shall be deemed to have been received by the addressee at the time of delivery or posted by prepaid registered post to the addressee's postal domicilium for the time being shall be deemed (unless the contrary is proven by the addressee) to have been received by the addressee on the fourteenth day after the date of posting.

17.4.Any notice which is successfully transmitted by facsimile to the addressee's facsimile domicilium for the time being shall be deemed (unless the contrary is proven by the addressee) to have been received by the addressee on the day immediately succeeding the date of successful transmission thereof.

 

18.   DISPUTE RESOLUTION 

18.1.If a dispute of any nature arises between the parties, senior representatives of the parties shall meet to try and resolve such dispute in good faith within 10 (ten) business days of the dispute arising. Should the dispute not be resolved between the parties within 10 (ten) business days after such dispute first arises, the parties shall refer the dispute to arbitration to be resolved in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”) by an arbitrator agreed between the parties or, failing agreement, within 4 (four) days of either party referring the dispute to arbitration, an arbitrator or arbitrators appointed by the President for the time being of AFSA.

18.2.The parties agree that the submission to arbitration in terms of this clause is subject to the parties’ rights of appeal set our hereunder.

18.3.Either party may appeal the decision of the arbitrator within a period of 10 (ten) business days after the arbitrator’s ruling has been handed down by giving written notice to that effect to the other party. The appeal shall be dealt with in accordance with the rules of the Foundation by a panel of 3 (three) arbitrators appointed by the Foundation.

18.4.The arbitration shall be held in Johannesburg and the arbitrator’s decision shall be final and binding on the parties after the expiry of the 10 (ten) business days period from the date of the arbitrator’s ruling, if no appeal has been lodged by any party, and may be made an order of court at the instance of and by either party.

18.5.Nothing in this clause shall prevent either party from applying to court for a temporary interdict or other urgent relief pending the outcome of the arbitration, or to make an arbitration order and order of the court.

 

19.   GENERAL

19.1.Notwithstanding these terms and any statement to the contrary on the website, if you require Mymarket to undertake any development work for the purposes of enhancing your use of the Services, Mymarket may, in its sole discretion, charge you for such development work on a time and material basis.

19.2.The terms and where applicable, the client/supplier agreement, constitute the sole record of the agreement between you and Mymarket in relation to the subject matter hereof. Neither you nor Mymarket shall be bound by any express, tacit or implied representation, warranty or promise or the like not recorded herein unless agreed in writing by both parties and signed by (a duly authorised representative of) both parties.

19.3.Where there are differences between these terms and the supplier/buyer agreements, the client/supplier agreements override the provision of these terms.

19.4.No addition to, alteration, variation, novation or agreed cancellation of any provision of these terms shall be binding upon the parties unless reduced to writing and signed by means of non-electronic, handwritten signatures by or on behalf of the parties. For the purposes of this clause “signed” means a hand-written signature, excluding any signature appended by electronic communication. 

19.5.No indulgence or extension of time which any party may grant to the other shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.

19.6.No waiver or abandonment by any party of its rights in terms of these terms shall be binding on that party unless such waiver or abandonment is reduced to writing and signed by the waiving party.

19.7.Without prejudice to any other provision of these terms, any successor-in-title, including any executor, heir, liquidator, judicial manager, curator or trustee, of any party shall be bound by these terms.

19.8.Mymarket shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms of use to any third party.

19.9.All provisions of these terms of use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms of use shall remain in full force and effect.

19.10.      These terms shall be interpreted and governed in all respects by the laws of the Republic of South Africa.

19.11.      Subject to the provisions of these terms, the parties hereto hereby consent and submit to the non-exclusive jurisdiction of the South Gauteng Division of the High Court of South Africa, for urgent interdictory relief pending the outcome of an arbitration, or to make an arbitration order an order of the court.


This policy was last updated on 16 Jan 2014.

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