1. DEFINITIONS Defined terms used in these Terms and Conditions will begin with a capital letter and have the meanings set out below:

1.1. “Credit/s” means a credit or credits purchased from Share Sale by the Retailer;

1.2. “Personal Information” means information that identifies or relates specifically to You;

1.3. “Product” means goods and/or services sold or provided by the Retailer and advertised via this Website/Mobile Application; 1.4. “Retailer” means a seller of products/services, registered as such with Share Sale;

1.5. “Services” means Share Sale’s online platform for the advertising of the Products and the online sharing/forwarding thereof by the User via his/her social media profile/s;

1.6. “Share Sale” means Share Sale (Pty) Ltd, Registration number 2015/330060/07 a Company incorporated in the republic of South Africa;

1.7. “Terms and Conditions” means these terms and conditions as set out herein;

1.8. “User” means the user of this Website/Mobile Application for the purposes of sharing the Product via his/her social media profile/s in order to qualify for or receive a Voucher/s;

1.9. “Voucher” means a discount voucher issued by the Retailer to the User, which entitles the User to the percentage discount specified thereon in respect of the purchase of the Product described therein, subject to the terms and conditions listed on the Voucher and/or the particular advertisement on this Website/Mobile Application for the particular Product.

1.10. “Website/Mobile Application” means collectively this Website and the associated Mobile Application with the address www.sharesale.co. 1.11. “We”, “Us”, “Our” means Share Sale.

1.12. “You” means the User and/or the Retailer, as the context indicates.

2. WHO WE ARE

2.1. This Website/Mobile Application provided by Share Sale is a sales platform to connect Retailers and Users, which enables Users to qualify for and access discounts on Products by sharing the Product/s advertisement on this Website/Mobile Application via the User’s social media profile/s.

2.2. Share Sale is owned and run by Share Sale (Pty) Ltd, Registration number 2015/330060/07, a Company incorporated in the Republic of South Africa and trading as www.sharesale.co.

2.3. Share Sale’s contact and other information is set out below: (a) Company name: Share Sale (Pty) Ltd 2 (b) Registration Number: 2015/330060/07 (c) Main business: Online sales platform (d) Registered address:2 Granleigh Cresecent, Durban North, 4051 (e) Address for notices: 2 Granleigh Cresecent, Durban North, 4051 (f) Telephone number:0861 142 478 (g) Shareholders: List of shareholders is available from info@sharesale.co (h) Website: www.sharesale.co (i) Email address:info@sharesale.co

3. USE OF WEBSITE AND MOBILE APPLICATION

3.1. By using this Website/Mobile Application, You acknowledge and agree to these Terms and Conditions.

3.2. You may only use this Website/Mobile Application: (a) as set out in these Terms and Conditions; (b) through this Website, Mobile Application, standard web and mobile browsers and similar applications, but not with any robot, spider, offline reader, site search/retrieval application or other device, tool or process to retrieve, index or data mine this Website/Mobile Application; and (c) to browse the content provided, perform legitimate and lawful transactions and shall not use this Website/Mobile Application for any other purpose whatsoever.

3.3. This Website/Mobile Application and the content provided herein/therein, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed, other than in accordance with these Terms and Conditions. Deep-linking, embedding or using analogous technology is strictly prohibited and unauthorised use of this Website/Mobile Application and/or the materials contained on this Website/Mobile Application may contravene applicable laws, for example, but not limited to, copyright, trademark or other intellectual property laws.

3.4. Clause 3.2(b) above is subject to the exclusion of operators of public search engines, who may use spiders to copy materials from this Website/Mobile Application, solely for the purpose and to the extent necessary, for legitimately creating publicly available searchable indices of the materials. This does not extend to caches or archives of such materials.

3.5. Use of this Website/Mobile Application and any related services shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts in the Republic of South Africa shall have jurisdiction in respect of any matter arising out of this Website and/or Mobile Application.

3.6. While Share Sale shall endeavour to provide uninterrupted access to the Services and the Website/Mobile Application, access may be suspended, restricted or terminated at any time, at Share Sale’s sole discretion, without prior notice to You. Access to the Website/Mobile Application and/or the Services may be limited from time to time for repairs, maintenance, upgrade or the addition of new services. Shale Sale shall restore access as soon as reasonably possible.

3.7. Share Sale shall at all times be entitled at its sole discretion to prevent You from using the Website/Mobile Application and associated services, for any reason whatsoever.

4. DISCLAIMER 4.1. Use of this Website/Mobile Application, including any information available therein, is at Your own risk and the contents of this Website/Mobile Application are provided “as is” without any warranty of any kind.

4.2. Share Sale shall not be liable in any manner whatsoever for any errors or omissions in this Website/Mobile Application or any loss, expense, claim or damage sustained, whether direct, indirect or consequential, arising from: (a) information on this Website/Mobile Application; and/or (b) Your use of the Services and/or this Website/Mobile Application, including any actions or transactions resulting therefrom; and/or (c) any operational failure of this Website/Mobile Application.

3 4.3. Share Sale makes no representation or warranty, whether express or implied, regarding: (a) The operation, integrity, availability or functionality of this Website/Mobile Application, including the accuracy, completeness or reliability of any information contained in this Website/ Mobile Application; (b) That the information or files available on this Website/Mobile Application are free of viruses, destructive materials or any other data code which is able to corrupt or compromise the operation or content of a computer system, computer network or Your hardware or software, for which You shall accept all risk.

4.4. Although Share Sale may provide links to other (third party) websites or resources, the use of such other websites is at Your own risk. Share Sale shall not be responsible for the integrity and/or availability of such websites or resources and does not endorse, warrant or make any representations about the content, products, services, security or reliability or such other websites (including relating to any social networking websites or applications). For the avoidance of doubt, Share Sale shall not be liable for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services available on such external website or resources.

4.5. Transactions concluded by and between the Retailer and User pursuant to the Services and/or this Website/Mobile Application shall be strictly by and between the Retailer and the User and Share Sale shall not be a party to such transaction or contract.

5. PRIVACY, PERSONAL INFORMATION AND COOKIES

5.1. This privacy policy covers how Share Sale treats Your personal information collected electronically when You use this Website/Mobile Application and applies to all the web pages and application screens related to this Website/ Mobile Application. 5.2. Share Sale may need to provide, collect, use, store or process Your personal information as defined in the Protection of Personal Information Act (“POPI”), and by continuing to use this Website/Mobile Application, You hereby authorise such collection, use, storage and processing where deemed necessary by Share Sale. This shall only be done in accordance with the provisions of POPI, to the extent that it is necessary for the purposes of this Website/Mobile Application and in accordance with lawful and reasonable instructions of the person to whom the personal information relates.

5.3. Share Sale is required by law to protect Your personal information and Your privacy is important to us. Share Sale undertakes: (a) not to use or disclose to third parties, Your personal information for any other purposes than that which Share Sale discloses to You, unless You give Share Sale your express written permission to do so, or Share Sale is required by law to do so; and (b) to delete or destroy all personal information that has become obsolete.

5.4. The User hereby expressly agrees and confirms that information provided to Share Sale by him/her via this Website/Mobile Application may be shared with the applicable Retailer/s whose links/adverts the User has chosen to share via his/her chosen social media profile.

5.5. Share Sale confirms that it is entitled to request, collect, collate, process, store and use information provided to Share Sale for interaction with You relating to this Website/Mobile Application, including promotions and specials and marketing from Share Sale, to verify your information when processing Orders. Share Sale is also entitled to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided the profiles or statistical data cannot be linked to any specific person by a third party.

5.6. Your use of this Website/Mobile Application signifies acceptance of the privacy policy contained in this clause 5. If You do not accept the terms and conditions contained herein, please do not use this Website/Mobile Application. 4 5.7. This policy may be updated or amended from time to time. Any changes will always be posted here, so please read this policy regularly to always be aware of the current privacy policy applicable. If you have any queries regarding our privacy policy please contact Share Sale. 5.8. Share Sale uses cookies. Cookies/browser cookies/tracking cookies (“Cookies”) are small files located in browser directories used to inter alia enhance or enable usability or site processes. This Website/Mobile Application may use cookie technology. Although personal information cannot be collected via cookies, if you have previous provided personal information, cookies may be linked to the information. Aggregate cookie information may be shared with third parties to compile profiles for statistical purposes provided the profiles or statistical data that cannot be linked to any specific person by a third party.

6. TERMS AND CONDITIONS

6.1. The Terms and Conditions apply to any information accessed via this Website/Mobile Application, and all sections thereof, including the Services.

6.2. The terms and conditions set out herein govern the supply by Share Sale of the Services and the Website/Mobile Application. By using this Website/Mobile Application You expressly agree to the Terms and Conditions. If You do not agree to all of the provisions set out herein, please do not use this Website/Mobile Application.

6.3. Share Sale reserves the right to amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to this Website/Mobile Application and will become effective upon such changes being uploaded to this Website/Mobile Application. It is Your obligation to check these Terms and Conditions from time to time for amendments and/or updates. Your continued use of this Website/Mobile Application will be deemed to constitute acceptance of the amended Terms and Conditions.

6.4. Any transaction concluded by the Retailer and the User in respect of any goods or services advertised on this Website/Mobile Application shall be governed by the Retailer’s terms and conditions and Share Sale shall not a party to that agreement. The Retailer and the User shall be responsible for the due and proper fulfillment of their respective obligations to the other and neither shall have any claim against Share Sale whatsoever in this regard.

7. REGISTRATION AND YOUR RETAILER ACCOUNT/USER PROFILE

7.1. In order to make use of this Website/Mobile Application as a Retailer or User, You must be registered with this Website/Mobile Application and have an account/profile as either a Retailer or User respectively. Please follow the relevant registration process as directed on this Website/Mobile Application.

7.2. Share Sale may determine requirements that must be met when choosing a user name and/or password, which shall be provided during the registration process on this Website/Mobile Application.

7.3. All accounts/profiles require a valid personal email address that is accessed by You regularly. In the event that Share Sale suspects that another person’s email address or an invalid email address has been used, Share Sale may suspend or terminate the associated account/profile.

7.4. You warrant that all information You provide at any time to Share Sale on or via this Website/Application will be true, accurate, current and correct and undertake to update such information from time to time as may be required.

7.5. Share Sale reserves the right to cancel Your account/profile with our Website/Mobile Application at any time for any reason whatsoever and will immediately do so in the event of any suspected fraud or other improper conduct by You in respect of Your account/profile with us.

7.6. You acknowledge that it is vital for the protection of the integrity of our data and this 5 Website/Mobile Application that Your user name and password be for Your personal use only and shall not be knowingly disclosed to any third party for their or anyone else’s use. You accept full responsibility for all activities that occur under Your access details or password and accept responsibility for sharing your user name and password.

7.7. You are required to be 18 (eighteen) years of age to register and have an account/profile as a Retailer or User on this Website/Mobile Application.

8. RIGHTS AND OBLIGATIONS

8.1. Provided the Retailer has a valid account with Share Sale, and the minimum number of credits allocated to its account, as prescribed by Share Sale from time to time, it shall be entitled to upload and/or post advertisements and specials regarding its Product/s (“Content”) to this Website/Mobile Application. Every time a User shares or reposts the Content via its associated social media profile/s, the Retailers account will be debited as prescribed by Share Sale from time to time and communicated to the Retailer.

8.2. Provided a User has a valid profile with Share Sale, he/she shall be entitled to share the Retailers advertised Product/s via his/her personal social media profile/s, in order to access discount vouchers, as stipulated in the Retailer’s particular post/Content. The User shall not incur any costs associated with his/her use of this Website/Mobile Application, other than his/her costs for the equipment and data/internet used to access this Website/Mobile Application.

8.3. In uploading/posting any Content, You (the Retailer) warrant that You are the creator and/or owner of the Content, or if You are not the creator or owner of the Content, that You have the necessary permission, rights and/or licenses of the creator or owner in respect of the Content to upload or post the Content on this Website/Mobile Application. You further warrant that the sharing of the Content as provided for herein, will not violate any copyrights, trademarks or other intellectual property rights or rights of third parties. You expressly undertake not to upload/post or otherwise make available on this Website/Mobile Application any Content which contravenes the provisions of these Terms and Conditions, in particular this clause 8.3, and accept full liability for any contravention thereof.

8.4. Share Sale is entitled, but not obliged, to monitor any activity and content associated with this Website/Mobile Application. Any alleged violation of these Terms and Conditions or complaints from any other parties will be investigated and appropriate action taken by Share Sale in its sole discretion.

8.5. Share Sale shall be entitled to review, edit, post, refuse to post, remove and monitor the Content and shall not be liable for any Content that appears on this Website/Mobile Application and shall not be liable to the Retailer for any reason whatsoever, regarding the removal of any Content from this Website/Mobile Application.

8.6. You undertake not to post content to this Website/Mobile Application that may be illegal, defamatory, infringing, harassing, obscene, profane, untrue, incorrect or harmful, or which Share Sale regards as inappropriate, and You accept that Share Sale may remove any such content from this Website/Mobile Application.

8.7. Share Sale does not editorially control, filter or read Your Content on an ongoing basis and You hereby expressly agree that Share Sale shall not be responsible, whatsoever, for any content posted by You. You hereby agree to indemnify Share Sale against any liability, claim, damage or loss or whatsoever nature that may result from Your Content and/or posting/s to this Website/Mobile Application.

9. PURCHASING CREDITS – RETAILERS

9.1. Place your order for the number of credits required (“Order”) as directed on this Website/Mobile Application. You will be directed to the checkout which is the step where your Order and pricing 6 will be confirmed. Prior to final submission of Your Order the price payable together with Vat (if applicable) will be itemised and confirmed for You.

9.2. You will have an opportunity to review the Order, correct any mistakes or withdraw the Order before final submission of the Order. It is Your responsibility to ensure that the Order is accurate. If you discover that the Order is incorrect, please contact info@sharesale.co. Share Sale will have no obligation to assist to rectify your error, but may in its sole discretion determine whether or not to assist.

9.3. Final submission of the Order constitutes an offer to purchase and you will be entitled to revoke such offer at any time prior to despatch by Share Sale of a confirmation of acceptance of order (“CAO”), which will constitute acceptance of the Offer. Share Sale will have the right to decline to accept any Order for any reason whatsoever and shall not be obliged to supply the Credits listed in the Order prior to despatch by Share Sale of the CAO. Any correspondence from Share Sale that does not state “Confirmation of Acceptance of Order” will not constitute confirmation of the Order. For the sake of clarity, an acknowledgement of receipt confirming the details of the Order will be sent to You prior to the Confirmation of Acceptance of Order.

9.4. A legally binding agreement shall be concluded upon despatch of the CAO to You via email. The CAO will confirm that Share Sale accepts the Order, receipt of payment, confirmation of the number of credits allocated to Your account and provide You with an invoice.

9.5. When submitting the Order, You will be given two payment options, payment via credit card or by EFT: (a) EFT payments must be made directly into our bank account within 48 (forty eight) hours of despatch of the Confirmation of Acceptance of the Order, the details of which will be provided to you in the ordering process. Your order number must be used as the payment reference to enable us to track your payment and to avoid delays. We cannot be held responsible for any delays arising from an incorrect reference being used on an EFT payment. (b) We utilise the services of PayFast as our agent for processing credit card payments. Their contact details and terms and conditions can be viewed at the following link https://www.payfast.co.za/end-user-agreement/.

9.6. The credits to your account will not be processed until Share Sale has received cleared payment in full for the Order.

9.7. You warrant that you are the duly authorised user of any credit card, the details of which You use to submit payment for any Order and that the account or card used has sufficient funds to pay the Order costs in full. You indemnify us against any claims whatsoever regarding fraudulent use of a credit card or bank account details.

10.CANCELLATION & REFUNDS

10.1. You will be entitled to cancel the Order on written notice to Share Sale at any time prior to despatch of the CAO without payment of a cancellation fee. Share Sale will refund any sum due to be returned to You within 48 (forty eight) hours of receipt of the written notice by Share Sale of such cancellation. 10.2. Where the credits have been allocated, You will be entitled to cancel the Order without payment of a cancellation fee within 7 (seven) days of the date of allocation of the credits and to claim a refund of money paid in respect of the credits, provided no credits have been used and that the refund will be paid within 30 (thirty) days of the date of cancellation. 10.3. Subject to applicable legislation in particular circumstances, not all cancellations will be approved and may be approved or denied at Share Sale’s discretion based on the particular circumstances. 10.4. Share Sale will, in its sole discretion, be entitled to refuse to accept or process any Order and/or to cancel any Order at any time, in whole or in part, on written notice to You, in which event, Share Sale will refund any monies due to be returned to You within 48 (forty eight) hours of written notice 7 to You of such cancellation.

11.SOCIAL NETWORK CONNECTIONS

11.1. This Website/Mobile Application enables social media users to interact with friends and to share information contained in this Website/Mobile Application on social networks. If You are logged into both the Website/Mobile Application and a social network, when You use this Website /Mobile Application’s social networking connection function, You may connect your social network profile with your Share Sale profile (this happens automatically, if the email addresses match). If the email addresses do not match, You will be asked if you want to link them. If You are already logged into this Website/Mobile Application but not logged into your social network profile, when You use this Website/Mobile Application’s social network connection functions, You will be prompted to enter Your social network profile credentials or to sign up for the social network.

11.2. If You are not registered as a User and you use the Website/Mobile Application’s social network connection functions, You will first be asked to enter your social network profile details and then be given the option to register and join Share Sale. Please refer to the privacy settings in Your social network profile to manage the data that is shared through Your profile.

11.3. By using the Website/Mobile Application’s social network connection function, you give Share Sale permission to access all of the elements of Your social network profile information that You have made available to be shared, in accordance with the privacy settings selected by You in Your social network profile, and to use it in accordance with the social network’s terms of use and Share Sale’s privacy statement.

12.PRODUCTS & CONSUMER PROTECTION ACT

12.1. Share Sale is not a party to any contract that any User may conclude with any Retailer pursuant to the Services and gives no warranties in respect of the Retailer and/or the Product/s. To the extent that the User has a valid claim in respect of any Product/s, such claim shall lie with the Retailer and not with Share Sale in any instance whatsoever.

12.2. You are important to Share Sale and Share Sale undertakes to perform its obligations under these Terms and Conditions with reasonable skill and care. If You have any queries or concerns please contact Share Sale and we will do our best to assist you where possible.

13.LIMITATION OF LIABILITY

13.1. The limitation of liability set out below does not limit any of Share Sale’s obligations to You in terms of the Consumer Protection Act 68 of 2008 (“the CPA”) as applicable or its obligations to ensure that the payment systems used are secure as provided for in the Electronic Communications Act 25 of 2002 (“the ECTA”).

13.2. You indemnify Share Sale, its representatives and/or agents against liability for any loss or damage of any kind that may arise whatsoever from the use of, including inability to use this Website/Mobile Application.

13.3. While Share Sale makes every effort to ensure the accuracy of the content of the Website/Mobile Application, it does not guarantee that the Website content is free from errors or omissions or that the Website/Mobile Application will be fully functional and operational at all times. Please advise Share Sale if You encounter difficulties with this Website/Mobile Application to enable Share Sale to rectify any issues.

13.4. Share Sale confirms that Your use of the Services and/or this Website/Mobile Application is on a voetstoets basis and that it is Your responsibility to make the necessary enquiries to determine whether or not they will be suitable for Your purposes.

13.5. Nothing on this Website/Mobile Application should be regarded as constituting professional advice and Share Sale cannot be responsible for any actions You or others take based on the content of 8 this Website/Mobile Application. You should seek independent professional advice where necessary.

13.6. Share Sale shall not be liable to You for any breach or delay in the provision of the Services, arising out of any cause beyond its reasonable control, whether or not such incident could have been foreseen. For the sake of clarity, these would include inter alia, natural disasters and unavoidable incidents, actions of third parties, insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure) regardless of whether the circumstances in question could have been foreseen.

14. ELECTRONIC COMMUNICATION

14.1. When registering for an account with this Website/Mobile Application, sending an email to Share Sale or signing up for any correspondence or communication with Share Sale, You are agreeing to receive electronic communication from Share Sale. If you no longer wish to receive such communication please advise Share Sale in writing to info@sharesale.co.

14.2. Share Sale may send You administrative and promotional emails from time to time. You shall be entitled to elect to opt out from any of Share Sale’s promotional correspondence by clicking on the “unsubscribe” link in the email correspondence.

14.3. Any electronic communication sent to you will be regarded as having been received by you upon being sent by Share Sale. 14.4. Share Sale takes reasonable steps to protect your personal information and maintain confidentiality, but cannot and does not guarantee the security of any information you transmit to Share Sale online, which shall be at your own risk.

15.INTELLECTUAL PROPERTY

15.1. All content, trademarks and data on this Website/Mobile Application, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements are the property of Share Shale, or are being used by Share Sale with permission of the owner thereof and are protected by local and international legislation and agreements.

15.2. Any copyright relating to this Website/Mobile Application, including our Terms and Conditions is held by Share Sale and you may only view and print content from this Website/Mobile Application for private and non-commercial purposes. Any enquiries regarding the use of content on this Website/Mobile Application for non-private or commercial purposes must be addressed to info@sharesale.co.

15.3. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in any way and acknowledge that you understand the legal implications thereof. You shall be liable for any violation of this provision including inter alia all legal costs incurred by Share Sale for any legal action deemed necessary.

15.4. In addition to the aforegoing, no person, whether natural or juristic, or website may be linked to any page on this Website/Mobile Application without Share Sale’s prior written consent.

15.5. Any information or material You transmit, post or submit to this Website/Mobile Application, shall be considered and treated as non-confidential and non-proprietary, subject to Clauses 8.3 and 8.4, Share Sale’s obligations under data protection legislation and subject to any payment details You provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which You supply to use from whatever source, You grant Share Sale a royalty-free, perpetual, irrevocable, sublicensable, fully paid up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform 9 world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to You, for the purpose of operating this Website/Mobile Application and providing the Services.

16.NOTICES

16.1. We elect as our address for all purposes regarding this Website and Mobile Application, the following address: 2 Granleigh Crescent, Durban North, 4051 A copy of any correspondence sent to our address above, must also be sent to our email address info@sharesale.co.

16.2. You elect as your address for all purposes regarding this Website/Mobile Application, the address provided in your application for registration with this Website/Mobile Application.

16.3. Any party will be entitled from time to time by written notice to the other party to change his/her/its respective domicilium addresses to any other address within the Republic of South Africa, provided that the addresses shall always be a street address at which the service of legal processes can be effected.

16.4. Any notice which: (c) is delivered by hand at the addressee’s street address domicilium shall be deemed to have been received by the addressee at the time of delivery; or (d) is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the domicilium shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of posting; or (e) if transmitted by email to the addressee at the domicilium shall be deemed to have been received by the addressee on the date of transmission or, if the transmission is made out of normal business hours, on the first business day following after the date of transmission.

17.DISPUTES Except in the event that urgent or interim relief is required to be sought from a court having the necessary jurisdiction, should a dispute arise between the parties, that cannot be resolved by negotiation by the parties, the dispute shall be submitted to arbitration. Any arbitration arising out the Terms of Conditions shall be confidential and shall be conducted in accordance with the expedited rules stipulated by the Arbitration Foundation of South Africa which rules can be downloaded from www.arbitration.co.za/download/expedited_rules.pdf.

18.GENERAL

Whole Agreement

18.1. Other than as expressly provided in these Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded, to the extent permitted by law. Jurisdiction

18.2. The parties consent to the jurisdiction of the Magistrates’ Court notwithstanding the fact that such action or proceedings may be beyond the jurisdiction of such Court and this clause will be regarded as constituting the necessary written consent granting jurisdiction to the Magistrate’s Court in terms of Section 45 of the Magistrates’ Court Act 1944, as amended. Notwithstanding the aforegoing, Share Sale shall be entitled, but not obliged, to bring any action or proceeding in any other Court. No Partnership 18.3. Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership or 10 agency relationship between Share Sale and the Retailer and/or User, and no party shall have the right or authority to incur any liability, debt or cost or enter any contracts or other arrangements in the name of or on behalf of the other. Severability 18.4. Each and every term of these Terms and Conditions must be read as separable from the other Terms and Conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the other terms and conditions will remain valid and enforceable, despite any invalidity or unenforceability of an individual term.

Non-Waiver

18.5. The failure of any party to require performance of any provision of the Terms and Conditions at any time, shall not affect the right of such party to require performance of that provision or of any other provision in the future. No waiver by either party with respect to a breach of any provision of the Terms and Conditions shall be construed as a waiver with respect to any continuing or subsequent breach of that provision, or as a waiver of any other right in the Terms and Conditions.

Suspension/Termination

18.6. The Terms and Conditions are effective from the date on which they are published on this Website/Mobile Application. Share Sale reserves the right to suspend/amend/terminate these Terms and Conditions and/or the Website/Mobile Application at any time.

18.7. Share Sale reserves the right to terminate or suspend Your account/profile with this Website/Mobile Application at its sole discretion for any reason whatsoever and shall not be required to give reasons for the termination of any such account/profile.

18.8. Share Sale’s rights set out herein, shall not prejudice any other right or remedy it may have in respect of any breach or rights, obligations or liability which accrued prior to termination. Cession and Assignment

18.9. You shall not cede or assign or in any other manner transfer any of your rights or obligations under the Terms and Conditions without Share Sale’s prior written consent, which consent shall not unreasonably be withheld. Share Sale shall be entitled to assign or otherwise delegate all or any of its rights or obligations under these Terms and Conditions to any person.

Legislation

18.10. The Terms and Conditions are subject to, inter alia, where applicable, the provisions of the Electronic Communications and Transactions Act (“ECTA”) and the CPA and any of the terms that are in conflict with any of the compulsory provisions of the ECTA or the CPA will be deemed to have been amended so as to comply with such provisions of the aforementioned legislation.

Advertising

18.11. Share Sale will make every effort to ensure that we comply with any relevant regulations relating to this Website and Mobile Application content as published by the Advertising Standards Authority. Events Beyond Share Sale’s Control 18.12. Share Sale shall not be liable for any breach of our obligations under these Terms and Conditions where Share Sale is hindered or prevented from carrying out our obligations by any cause outside our reasonable control.esa dog