SA SILVERBITS COM (PTY) LTD – Terms of Service

1.1. We, SA SILVERBITS COM (PTY) LTD, Registration Number: 2025/401469/07 (also known as SilverBits) are the Goods or service provider; and

1.2. You are our customer.

2.1. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context the following terms and/or expressions will have meanings assigned to them herein:   

2.1.1. This Agreement – means these general terms and conditions and any other Order specifications agreed to by the parties from time to time;

2.1.2. Beneficiary – means a natural person or legal entity validly nominated by a SilverBits Account Holder to inherit the rights, assets and interests in such account upon the death of the SilverBits Account Holder, as further described in Clause 14.

2.1.3. Business day - means any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time;

2.1.4. Business hours - means our normal business hours on business days as reflected on our website;

2.1.5. Cash balance or cash difference - means the remaining balance which is less than the value of 1 gram;

2.1.6. Child Account – means a SilverBits Account opened and managed by a parent or legal guardian for the benefit of a minor person, subject to the restrictions set out in Clause 15.

2.1.7. Day – means calendar days unless qualified by the word "business", in which instance will mean a "Business Day";

2.1.8. Dormant Account – means a SilverBits Account in which no activity (purchases, voucher redemptions or withdrawals) has occurred for a continuous period of 24 months.

2.1.9. Force Majeure Event – means any event beyond the reasonable control of SA SILVERBITS COM (PTY) LTD, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, government restrictions, pandemics or market disruptions.

2.1.10. Fraudulent Activity – means any unlawful, dishonest or abusive use of the SilverBits platform, including but not limited to the creation of fake vouchers, unauthorised access, identity theft or attempts to manipulate transactions.

2.1.11. Goods - means any goods that we provide to you under Orders, including but not limited to Granules, SilverBits coins, SilverBits bars and silver Krugerrands;

2.1.12. SilverBits Account – means an account opened by you on our website upon registration as a customer;

2.1.13. SilverBits Account Holder – means the registered customer as reflected in our system;

2.1.14. SilverBits Voucher Code – means a unique code provided by us to you for the purchase of a specific amount;

2.1.15. Krugerrand / silver ounce - means a full troy ounce of 99.9% pure silver;

2.1.16. Order – means a specific request generated by you on our website and accepted by us, for the purchase of silver in any format and which Order is subject to these general terms and conditions;

2.1.17. Order Date – means the date on which we debit your account for the Goods purchased;

2.1.18. Purchase Date – means the date on which funds have successfully transferred from your account into our account for the Goods ordered;

2.1.19. Services - means any services we provide to you in terms of your Order placed;

2.1.20. Sign - means the handwritten signature and/or an electronic signature that the parties and/or their duly authorised representatives, use to sign any agreement or Order placed in terms of this agreement;

2.1.21. Then - Current silver Price – means the relevant silver spot price + 8.5% on that specific date and time;

2.1.22. We, us or our - means SA SILVERBITS COM (PTY) LTD;

2.1.23. Writing means the reproduction of information or data in physical- or electronic form;

2.1.24. You or your - means the customer placing an Order with us.

2.2. All words or phrases not defined herein will be given their plain English meaning.

3.1. Governing laws – This Agreement will be governed by the laws of South Africa;

3.2. Headings – The headings of the clauses in this Agreement are for the purpose of convenience and reference only. The headings will not be used in the interpretation of this Agreement;

3.3. No interpretation against the draftsman – The rule that an Agreement will be interpreted against the party responsible for the drafting or preparation of such Agreement will not be applied in the interpretation of this Agreement;

3.4. Non-exhaustive lists – Whenever a clause lists specific examples or items following a listing word, such as 'including', 'includes', 'excluding' or 'excludes', such wording will not be construed as limiting the meaning of the general wording preceding it;

3.5. Number of days – When any number of days is prescribed, it will be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day;

3.6. Party references – References to a party includes their successors in title or permitted assigns;

3.7. Person references – References to a person includes natural and juristic persons;

3.8. Reference to any enactment – Any reference to an enactment is to that enactment as on the Order Date and as amended or re-enacted from time to time and includes any subordinate legislation made from time to time under such enactment; and

3.9. Time calculations – Any reference to the calculation of time will be based upon South African Standard Time (GMT +2).

4.1. These general terms and conditions apply to all Orders placed by you.

4.2. The Parties may agree to special conditions from time to time in terms of the Orders placed and where such special conditions are in conflict with these general terms and conditions, the special conditions will apply.

4.3. Notwithstanding the aforementioned the Parties agree that the general terms and conditions read together with any special conditions, will jointly regulate the relationship between the Parties.

4.4. By using this website, you warrant that you are over the age of 18 (eighteen) and that you have full legal capacity to and are not prohibited from entering into this agreement.

4.5. No person under the age of 18 (eighteen) years will be permitted to open a SilverBits Account.

5.1. You acknowledge that we are not a registered financial services or credit provider and that you utilise this website on your own risk.

5.2. You acknowledge and agree that the information and/or communications received from us and/or our duly authorised representative, either directly or through the use of our website, do not constitute financial and/or investment advice.

5.3. You agree that no service provided by us amounts to the provision of credit or the accepting of a deposit.

5.4. You agree that you utilise our service at your own risk and herewith indemnify and hold us harmless against any loss or damages that you may suffer arising from any financial or investment decisions that you made based on these services and/or information provided.

5.5. None of our sales representatives have the authority to bind us and no representation, warranty or any other statements made or given by any of our sales representatives will be binding on us, unless given in writing and signed by our duly authorised representative.

6.1.1. We are committed to protecting your privacy.

6.1.2. To make use of this website and our services you will be asked to provide us with certain details of your personal information so as to enable us to fulfil and deliver your Orders.

6.1.3. The choice of providing us with this information remains your own. Please note that if certain information is not provided, we may not be able to provide you with the services.

6.1.4. We will not use or disclose your personal information without your permission unless we have a legal duty to do so or is required to do so during the course of providing you with these services.

6.2.1. All information contained in the forms or other documentation you submit to us and any other subsequent information or details you update or provide afterwards. This may include and are not limited to, your name, contact details, address, age, identity/passport number and transaction records.

6.2.2. Any information we use to process your application on our website;

6.2.3. Your delivery address;

6.2.4. Any other details such as email addresses, telephone numbers and the content of the communications with us, which communication may be recorded.

6.3.1. To process your registration on this website. This may include confirming your identity and contact details;

6.3.2. To take such actions as may be required to enable and improve your use of this website;

6.3.3. To make sure that the information we receive and record about you is and remains accurate, complete and up to date;

6.3.4. To inform and provide you with the chance to use products, services and benefits we offer and believe may be of interest to you to the extent that we are legally permitted to do so; and

6.3.5. For such other purposes as you may agree to or as may otherwise be legally permitted whether to protect our or your interests or those of our other customers.

6.4.1. You agree that we may transfer or make your information available to the following persons and organisations (whether they are located in or outside South Africa) in order to achieve the data processing purposes, set out herein in order to ensure the functioning of this website:

6.4.1.1. To the divisions and entities in the SilverBits Group. This includes its directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities, the latter stakeholders will have permission-based access only, to the extent that it is necessary for them to view your information;

6.4.1.2. To any other person that supplies, supports or underwrites any goods or services we provide to you, but only to the extent to which it relates to your subscription to and use of our goods and services;

6.4.1.3. To persons who provide services to us in relation to the Goods and services you obtain from us. This may include services such as delivery, data hosting and processing and management services;

6.4.1.4. Please note that at all times, we will ensure that the persons to whom your information is transferred or made available, undertake to protect the confidentiality of your information in a manner similar to that set out herein.

6.4.1.5. To learn more about how we use your personal information, see our Privacy Policy.

7.1. Our services are offered only within the geographic area of the Republic of South Africa.

7.2. In the event your delivery or billing address falls outside of the Republic of South Africa, your offer to purchase will be rejected.

8.1. Any request to purchase our Goods received from you, will be considered an offer to purchase.

8.2. Only upon the acceptance of such offer to purchase as referred to in clause 8.1 above, will it result in a legal and binding Order placed with us.

8.3. It will be considered that an offer to purchase have been accepted by us, as soon as your SilverBits Account reflects the specific Order purchase amount.

8.4. An Order may be cancelled by you and we will refund any money you have paid in relation to that particular Order at the Then-Current silver Price, if:

8.4.1. the request to cancel the order is reasonable;

8.4.2. your payment was successful and verified;

8.4.3. SilverBits has received the required valid and legal documentation from you.

9.1. We sell silver granules, ounces, bars and Krugerrands.

9.2. You can purchase silver granules, ounces, bars and Krugerrands for your SilverBits Account with the available payment options.

9.3. The price for silver granules, ounces, bars and Krugerrands are directly linked to the silver price and may fluctuate over time.

9.4. Each Order placed by you constitutes a new agreement with us.

9.5. We may charge a monthly platform and/or subscription fee and/or an administrative service fee (herein after referred to as "Our Fees") to each Order placed with us for the purchase of silver granules, ounces, bars and Krugerrands, please see our website for Our Fees.

9.6. Our Fees may be varied from time-to-time and may differ with each Order placed.

9.7. The fee structure applicable to your Order will be Our Fees as reflected on our website on the Order Date.

9.8. All money received from you will always first be allocated to any and all fees due and owing and thereafter be available for the allocation to the purchase of Goods.

10.1.1. Available at no monthly fee.

10.1.2. You may receive unlimited vouchers into your SilverBits Account.

10.1.3. You may purchase silver granules, ounces, bars and Krugerrands directly under this plan.

10.1.4. All accumulation is limited to voucher redemptions received.

10.1.5. Standard provisions regarding Orders, Goods, Cashouts and silver ounces apply.

10.1.6. Includes customer support during business hours via our call centre.

10.2.1. You may cancel your plan at any time by giving written notice to us, subject to the cancellation process published on our website.

10.2.2. Upon cancellation, your SilverBits Account remains active (unless otherwise agreed).

11.1. Only the payment methods available on our website may be utilised to make a payment into your SilverBits Account.

11.2. We do not accept any cash payment.

11.3. Due to the fluctuation in the silver price, please note that any payment made after 12 (twelve) hours after an Order has been placed, will result in a recalculation of the purchase amount.

11.4. Fees that relate directly to the purchase of silver granules, ounces, bars and Krugerrands are subject to VAT and as such are VAT inclusive.

11.5. Fees not directly related to silver granules, ounces, bars and Krugerrands, such as monthly platform, subscription or any other administrative service fees, are subjected to VAT.

11.6. We accept no liability for any loss, harm or damage that you may suffer as a result of prices on our website and/or mobile application being inaccurate or outdated.

12.1. It will be considered that a successful purchase has been concluded the moment we receive the cleared purchase amount from you for your Goods purchased.

13.1. Upon successful purchase of your Goods, you may elect:

13.1.1. to cash out at any point in time, in which case we will purchase your Goods at the Then-Current silver Price + 5%; and

13.1.2. in the event of the purchase of silver ounces, bars and Krugerrands, either to –

13.1.2.1. collect on appointment only, your silver ounces, bars and Krugerrands from any one of our third-party storage partners or our office;

13.1.2.2. have your silver granules, ounces, bars and Krugerrands be delivered to you through our third-party courier partner or a reputable, well known courier company of your choice;

13.1.2.3. store your silver granules, ounces, bars and Krugerrands with our third-party storage partner, whilst it remains in your SilverBits Account.

14.1. Only upon completion of all security checks, receipt of all the required legal and valid documentation and validation of any and all information in your SilverBits account, a payout to you will be scheduled by us.

14.1.1. Any failure to comply with all security checks and/or provision of the required documents or unvalidated information in your SilverBits account as stipulated in 14.1 will result in the cashout being cancelled and the applicable goods will be returned to your account’s vault.

14.2. Upon the scheduling of a payout, payment into your nominated bank account may take up to 5 (five) business days.

14.3. Cash payouts will only be done into the vetted bank account of the individual SilverBits Account Holder. No payouts will be paid to a business bank account.

14.4. Should you elect to cash out, an email will be sent to your registered email address, confirming your election to cash out and will include all related details.

14.5. You are required to respond to the email sent within 24 (twenty-four) hours. Should we not receive a response within 24 (twenty-four) hours of dispatch thereof, the request to a cashout will lapse.

14.6. You may cash out at any time, however only the first four cashouts per month will be free of charge. Thereafter we will charge a nominal payout fee of 2% (two percent) of the total payout amount.

14.6.1. You herewith agree, unconditionally, that any payout fee charged by us, may be subtracted from the payout amount.

14.7. All payout fees will be reflected in the email as referred to in clause 14.6 hereof.

15.1.1. The SilverBits Account Holder may nominate one or more Beneficiaries in the SilverBits account.

15.1.2. Beneficiaries only acquire rights upon the death or verified incapacity of the SilverBits Account Holder.

15.1.3. SilverBits will release assets only once we have received the required valid and legal supporting documentation.

15.1.4. SilverBits reserves the right to request further verification and legal confirmation to prevent fraud and/or unauthorised activity.

15.2.1. Until the triggering event of death or incapacity, the SilverBits Account Holder retains full control of their SilverBits account. Beneficiaries have no authority over the account.

15.2.2. If no Beneficiary is nominated, distribution will follow the South African succession law or valid court orders.

15.2.3. Distribution may not be done as a Cashout transaction.

15.2.4. SilverBits’ liability is strictly limited to the balance and the then-current rand value in the SilverBits Account Holder’s vault at the time of distribution.

15.2.5. SilverBits is not liable for family disputes or claims between Beneficiaries.

16.1. Child Accounts may only be opened and managed by a parent or legal guardian.

16.2. The guardian remains fully responsible for all activity in the Child Account.

16.3. A Child Account holder may not independently cash out, redeem or make binding decisions until reaching the age of 18.

17.1. You may purchase silver granules, ounces, bars and Krugerrands from us for the benefit of any other SilverBits Account Holder through the purchase of a SilverBits Voucher Code on our website.

17.2. By entering the SilverBits Voucher Code by a SilverBits Account Holder, such SilverBits Account Holder's SilverBits Account will be credited with the value connected to the SilverBits Voucher Code.

17.3. SilverBits Voucher Codes purchased through our website are valid for a period of 3 (three) years calculated from the date of purchase.

18.1. Online access will only be provided to you and in the event of a juristic person, to its authorised user.

18.2. Access is provided on the condition that all information and/or documentation has been provided and/or updated upon our instance and request.

18.3. Failure to provide information and/or documentation may lead to no access, alternatively suspension of your access to our services.

18.4. It is your responsibility to safeguard your SilverBits Account's access details and ensure that it does not fall in the hands of a third party.

18.5. Although, we take all necessary steps to safeguard fraudulent activity whilst using our services, we do not accept any liability for any activity conducted under your name on your SilverBits Account.

18.6. We strive to make the online services available at all times, however we do not accept any liability that might arise due to our system being offline.

18.7. We undertake to inform you (insofar as it is reasonably possible) in the event of any routine or emergency maintenance or upgrades, that will take place from time-to-time.

19.1. By supplying us with your personal information and by consenting thereto, you agree to receive direct marketing communications from us on your chosen communications channel insofar as it relates to the use of this website.

19.2. Any marketing done by us, constitutes a mere invitation to do business with us and does not constitute a legal binding offer.

19.3. If, at any time, you wish to withdraw your consent to the aforementioned receipt of direct marketing communications, you will be entitled to do so by contacting our offices.

19.4. We cannot accept liability for communications not received from us by your withdrawal of consent as mentioned in 19.3.

20.1. You acknowledge and agree that SA SILVERBITS COM (PTY) LTD engages with various business-tobusiness (B2B) partners, including but not limited to, retailers, loyalty programme operators and promotional partners, to provide you with access to vouchers, rewards and related services.

20.2. You expressly agree that no B2B partner of SA SILVERBITS COM (PTY) LTD will be liable to you in any manner whatsoever for any claim, loss, damage, cost or expense, whether direct, indirect, consequential or otherwise, arising from or connected to:

20.2.1. your participation in the SilverBits platform;

20.2.2. your accumulation or redemption of vouchers, rewards, silver granules, ounces, bars and Krugerrands;

20.2.3. any fluctuation in the value of silver or related products;

20.2.4. any delays, interruptions or failures in the provision of services; or

20.2.5. any act or omission by SA SILVERBITS COM (PTY) LTD.

20.3. All claims, disputes or complaints arising from your use of the SilverBits platform will lie solely against SA SILVERBITS COM (PTY) LTD and you unconditionally indemnify and hold harmless all B2B partners of SA SILVERBITS COM (PTY) LTD against any such claims.

21.1. We may appoint agents, contractors or representatives (“Agents”) to assist with the marketing, distribution or facilitation of SilverBits services.

21.2. No Agent has the authority to bind SA SILVERBITS COM (PTY) LTD or to make any promises, representations or commitments on behalf of SA SILVERBITS COM (PTY) LTD, unless expressly confirmed in writing by an authorised director of SA SILVERBITS COM (PTY) LTD.

21.3. Only information, offers or representations published on our official website, mobile application or confirmed in writing by SA SILVERBITS COM (PTY) LTD are binding.

21.4. We will not be liable for any loss, damage, cost or expense arising from your reliance on any statement or representation made by an Agent that is not authorised in writing.

22.1. We guarantee that we:

22.1.1. will employ enough trained personnel with the knowledge and expertise to provide you with our services;

22.1.2. will use reasonable efforts consistent with prevailing industry standards to maintain our services;

22.1.3. will provide the goods and services in accordance with all applicable laws and legislation;

21.1.4. wave the legal right and authority to perform our all obligations in terms of this Agreement and

22.1.5. will not knowingly introduce any malware into your systems.

22.2. We do not accept liability for any defects that might arise due to your negligence or failure to follow our instructions or misuse of our services.

23.1. You are not prohibited by law or otherwise from entering into this Agreement.

23.2. You indemnify and hold us harmless against any and all claims for damages, losses, costs and expenses by third parties or which might arise due to breach of any warranty provided by you in terms of this Agreement.

24.1. In the event of breach of any Order, we may cancel your right to place Orders on our website without notice to you and with immediate effect.

24.2. It will be considered that a party has breached this Agreement, if such a party –

24.2.1. upon receipt of written notice from the other party informing him or her of the breach, fails to rectify his or her breach within 7 (seven) working days; or

24.2.2. fails to make any payment due and owing in terms of this Agreement; or breaches any of these general terms and conditions; or

24.2.3. is bankrupt or does not have the legal capacity to enter into this Agreement; or

24.2.4. for more than 21 (twenty-one) days, fails to pay any amount of money in terms of a court order;

24.2.5. commits any act of insolvency.

24.3. Notwithstanding clause 25.1, in the event of breach of this Agreement, a party may:   

24.3.1. request specific performance in terms of this Agreement and claim damages or

24.3.2. cancel this Agreement with immediate effect and claim damages.

25.1. We reserve the right to suspend or terminate your account if we reasonably suspect fraudulent activity.

25.2. Any holdings connected to fraudulent activity may be frozen pending investigation.

25.3. You indemnify us against any loss or damages caused by your fraudulent or unlawful use of the platform.

26.1. you try to gain unauthorised access to our services;

26.2. in our sole discretion decide that your use poses a security threat to us or another customer;

26.3. there is evidence of fraud on your account; or

26.4. we believe that you are using our services for illegal purpose or

26.5. infringes a third party’s rights.

27.1. We may cancel this Agreement for whatsoever reason with immediate effect, with written notice to you.

27.2. In the event of termination of this Agreement in terms of clause 29.1, you will have no claim for damages against us.

27.3. Upon termination of this Agreement, we agree to erase all your personal data.

28.1. If your account becomes dormant for 24 months, we may classify it as a Dormant Account.

28.2. We reserve the right to charge a reasonable dormancy fee or transfer holdings into a custodial account until reactivation.

28.3. Dormant Accounts remain your property and can be reactivated upon proof of identity.

29.1. You are solely responsible for any tax obligations (income tax, capital gains tax, estate duties, etc.) arising from your participation in SilverBits.

29.2. We do not provide tax advice and accept no liability for your tax obligations.

30.1. We reserve the right to amend, suspend or terminate services where required to comply with changes in law or regulation.

30.2. We will notify you of material changes as soon as reasonably possible.

31.1. All content, software, trademarks, designs and logos on the SilverBits platform are owned by SA SILVERBITS COM (PTY) LTD or its licensors.

31.2. You may not copy, reproduce, distribute or create derivative works without our written permission.

31.3. You are granted a limited, non-exclusive licence to use the platform solely for personal use in accordance with these Terms.

32.1. To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to your use of SilverBits will not exceed the value of the holdings in your SilverBits Account at the time of such claim.

32.2. We are not liable for indirect, consequential or punitive damages, including loss of profits, loss of opportunity or reputational harm.

33.1.1. Either party may inform the other in writing if there is a dispute.

33.1.2. The parties agree that should a dispute arise, they will attempt to resolve it within 30 (thirty) 34.2

33.2.1. If negotiations fail, the parties agree to refer this matter to a mediator within 15 (fifteen) business days.

33.2.2. The parties agree a mediator will be appointed through the assistance of Conflict Dynamics (Tel: (010) 036 3700).

33.2.3. The parties agree that the mediator will dictate the rules of engagement.

33.3.1. If mediation fails, the parties agree to refer the dispute within 15 (fifteen) business days to arbitration under AFSA’s latest rules for expedited arbitrations.

33.3.2. The Parties agree that AFSA will appoint the arbitrator.

33.3.3. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.

33.3.4. The arbitration will be held in English at a specified location as dictated by the duly appointed arbitrator.

33.3.5. Nothing herein will preclude a party from applying to court for urgent interim relief while the alternative dispute resolution process is being finalised.

34.1.1. You choose as your domicilia citandi et executandi for all purposes of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Agreement, the addresses provided during the registration of your customer profile.

34.1.2. Notices given to the above addresses will be deemed to have been duly given –

34.1.2.1. if hand delivered before 16h30 on a business day, will rebuttably be presumed to have been received on the day of delivery. Any notice hand delivered after 16h30 on a business day or on a day which is not a business day, will rebuttably be presumed to have been received on the immediately following business day; or

34.1.2.2. if sent by pre-paid postage, in an envelope addressed to the addressee’s physical address as set out above, will rebuttably be presumed to have been received 5 (five) days after it was deposited in the mail; or

34.1.2.3. if sent by email before 16h30 on a business day, will rebuttably be presumed to have been received on the date of successful transmission of the email. Any email sent after 16h30 on a business day or on a day which is not a business day, will rebuttably be presumed to have been received on the immediately following business day.

34.1.3. You may change you domicilia to any other physical address within the Republic of South Africa by written notice to us. Such change will be effective 10 (ten) days after receipt of such notice and together with all requested supporting documents required by us to effect such change.

34.1.4. All notices to be given in terms of this Agreement will be given in writing in the English language and be delivered by hand, pre-paid postage or sent by email.

34.1.5. Any notice written in the English language which is actually received by the you will be deemed to have been properly given and received, notwithstanding that such written notice has not been given in accordance with the other provisions of this Agreement.

34.2.1. You will not have a claim against us for breach of this Agreement caused by circumstances beyond our control.

34.3.1. You may not cede, delegate or assign this Agreement nor any part, share or interest herein, nor any rights or obligations hereunder to anyone with the only exception of Beneficiaries as stipulated in Clause 16.

34.4.1. No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by us and any such waiver will be effective only in the specific instance and for the purpose given.

34.4.2. No failure or delay on our part in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

34.5.1. No latitude, extension of time or other indulgence which may be given or allowed by us to you in respect of the performance of any obligation hereunder and no delay or forbearance in the enforcement of any right by us arising from this Agreement and no single or partial exercise of any right by us under this Agreement, will in any circumstances be construed to be an implied consent or election by us or operate as a waiver or a novation of or otherwise affect any of our rights in terms of or arising from this Agreement or estop or preclude us from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on our part in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.   

34.6.1. All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

34.6.2. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if it had never been written) and the remaining provisions and clauses of this Agreement will remain of full force and effect unless the severed provisions go to the route of this Agreement.

34.6.3. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

34.7.1. This Agreement constitutes the whole Agreement between the Parties relating to the subject matter.

34.7.2. You agree that we may amend, alter, add, vary or cancel this Agreement through notice to you.

34.7.3. Any amendment, alteration, addition or variation will automatically apply from date of such notice to future Orders for Goods or services.

34.8.1. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you deriving from this Agreement, irrespective whether or not such action or proceeding falls outside of the Magistrate’s Court’s monetary jurisdiction.

34.8.2. Nothing herein will preclude a party from approaching any other court with jurisdiction in the matter.