Terms and Conditions

TERMS AND CONDITIONS FOR PURCHASE AND SALE

This page contains the terms and conditions ("Terms and Conditions") on which you purchase and we sell the items offered for sale on this website.

  • In order to enter this agreement with us you must have contractual capacity.
  • You must also be legally entitled to use the credit card, debit card or other payment mechanism to be used to make the purchase. We reserve the right to select which banking cards and payment mechanisms are acceptable to us, and to amend this selection at any time.
  • You must be able and willing to correspond with us exclusively in the English language.
  • You are advised to read this page cautiously, taking care to understand each of the provisions that apply to the sale of the item or items you wish to purchase. Should you decide to place an order, you will be deemed to have read and understood the entire contents of this page, and will be bound by all these Terms and Conditions.
  • Before proceeding further please note that Sergeant Pepper Clothing Co. (S.P.C.C) does not offer or make any representation, warranty or provision/s other than those contained in these Terms and Conditions, and therefore you should not continue to transact on this Site or accept these Terms and Conditions if you perceive there to have been an implied or express representation, warranty or provision made to you, and which has induced you to visit this Site.
  • You may wish to retain a printed copy of these Terms and Conditions for reference purposes in connection with your purchase, however, please be advised that we reserve the right to amend the Terms and Conditions at any time, and you should therefore always read this page before making future purchases.
  • By accessing or using the Sergeant Pepper Clothing Co. (S.P.C.C) website, you agree to be bound by these Terms and Conditions, whether or not you have registered an account with S.P.C.C.
  • Nothing in these Terms and Conditions is intended to deprive you of your rights or to avoid our obligations in terms of consumer protection legislation, and if any provision purports to do so it shall be interpreted as being subject to such legislation or if such interpretation is not possible, to be severable from the Terms and Conditions, which shall then be read as if the offending provision had not been included therein.

Terms and Conditions of Purchase and Sale: Sergeant Pepper Clothing Company and the Customer:

  1. PREFACE
    1. You are contracting with Sergeant Pepper Clothing Co.
    2. www.spccstore.com (“the Site”) is the online trading business operated by Crucialtrade 51 (Pty) Ltd.
    3. The Site is in the business of selling various fashion items to customers via a web-based purchase and sale transaction.
    4. Every transaction on the Site is subject to these Terms and Conditions, with no exceptions whatsoever.
    5. Accordingly, by using the Site, and/or registering an account with S.P.C.C, and/or placing an order and/or conducting a Transaction on the Site you are confirming in each instance your legal acceptance of, and agreement to be bound by these Terms and Conditions, as may be amended from time to time.
    6. These Terms and Conditions constitute a framework agreement between S.P.C.C and you, enabling us to enter into Transactions from time to time, with the details of each specific Transaction being contained in the documentation relevant to that particular Transaction, but in all instances subject to the provisions of these Terms and Conditions.
  2. WHOLE AGREEMENT
    1. These Terms and Conditions apply to each and every purchase and sale made or to be made on this Site. 
    2. Your submission of an order on this Site indicates your unreserved acceptance of these Terms and Conditions, applicable from the time of your order until and subsequent to your receipt of the ordered item or items.
    3. We retain the right to modify these Terms and Conditions from time to time, and will publish the revised Terms and Conditions on the Site. Modifications to these Terms and Conditions will not operate retrospectively, and applicable Terms and Conditions will accordingly be those that are published at the time of your use of the Site and/or a Transaction in terms hereof.
    4. Each instance of your use of the Site will be considered to be your express recognition and acceptance of the Terms and Conditions then published on the Site.
    5. We reserve the right to discontinue making the Site or any part thereof available with or without notice to you.
    6. You may not amend, delete or add to these Terms and Conditions in any manner whatsoever. If you attempt to do so, any such purported amendment, deletion or addition will be of no force or effect.
    7. Notwithstanding the above, your statutory and/or consumer rights are not affected by these Terms and Conditions.
  3. REGISTRATION
    1. Before making your initial order you need to register an account on this Site, and provide the personal information that is required for the registration process.
    2. By submitting the required information you are warranting that all information is true and correct, and agree that you will be held fully responsible and / or liable for the consequences of submitting false or incorrect information.
    3. It is your sole responsibility to update your account details should they change at any time after registration.
    4. You are wholly responsible for the activity that takes place on your account, and you confirm your awareness of the need to keep your account user name and password sufficiently secure.
    5. You shall inform us immediately if you become aware of or suspect that your account credentials have been compromised or if your account has been used without your permission.
  4. THE ITEMS
    1. We will sell various fashion and fashion-related items from time to time, offering the then available items for sale on the Site.
    2. We have used our best endeavours to reflect the Items offered for sale in a factual and true light, but are not responsible for slight variations that may appear as a result of various factors, such as but not limited to your physical environment and electronic equipment used to view the Items.
    3. You select an Item or Items of you own volition, and are solely responsible to determine whether your choice is appropriate for your particular needs.
    4. The Items offered for sale by us are standard stock, without any option of customisation. We therefore do not guarantee that any Item/s will meet personal and distinct requirements of specific nature.
  5. THE TRANSACTION

    A “Transaction” consists of:

    • The selection of an Item or Items

    • The placing of an order

    • Payment by you, and

    • Acceptance of your order

    1. Selecting an Item
      1. Once you have registered an account on this Site and wish to make a purchase, you need to adhere to the directives on the Site in regard to placing an order, submitting an order and making payment.
      2. The price of any Item offered for sale on the Site will be the price that is reflected in respect of that Item on the date on which you place your order.
      3. S.P.C.C Vouchers may not be redeemed on any Sale items on the Site.
      4. The validity of the price as referred to in 5.1 above will not be affected by a price you may have seen in respect of the selected Item either before or after the day on which you place your order.
      5. Once you have selected your Item/s and placed an order ("your Order"), we will confirm the currency in which you will be required to make payment, and be advised of the total amount to be paid, inclusive of:
        1. the price of the Item/s;
        2. any applicable taxes;
        3. any applicable charges for delivery; and
        4. any other charges that may apply to the transaction.
    2. Placing your Order
      1. In each instance that you submit an Order on this Site, you agree that you do so subject to these Terms and Conditions, as published at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
      2. After you have submitted your Order you will receive confirmation from us that your Order has been received, which does not amount to our acceptance of your Order, and is simply an acknowledgement that it has been received.
      3. After submission, your Order will be open for our acceptance until such time as we advise you of our acceptance or until you retract the Order, whichever occurs earlier.
      4. Once we have confirmed acceptance of your Order, a binding contractual transaction is created, and your Order may therefore not be retracted once we have accepted it.
    3. Payment
      1. At the time of placing your Order you will make payment in full for the Item/s you have ordered.
      2. Payment must be made by the use of a debit or credit card issued to you by a financial institution that is considered acceptable to us, via the payment process available on the Site.
      3. Should you make use of a debit or credit card, the account or facility accessed via the use of the card must have sufficient funds or credit available for the full cost of the intended purchase of the Item/s.
      4. We will not administer your Order until such time as payment has been made by you and we have confirmation of funds having been received.
      5. We reserve the right to:
        1. conduct a credit check should we, in our sole discretion, deem it to be necessary for any reason;
        2. request and/or acquire or authentication of your payment details from yourself or from any relevant financial institution, or to make any enquiries we deem necessary in respect of your details or proposed payment; or
        3. to limit the payment method available to you and/or to direct you to make payment in the manner required by us.
      6. We will not be obligated to supply or deliver Item/s to you until such time as we have accepted your Order and received the cleared funds after your payment envisaged in this clause 5.3.
    4. Acceptance of your Order
      1. If we accept your Order we will send you, via email, an official Despatch Confirmation Form, advising you of your Order reference number and confirming in express terms that your Order has been accepted.
      2. Acceptance by us will be effective once we have transmitted the email referred to in 5.4.1, and will constitute valid acceptance irrespective of whether you in fact receive the email.
      3. We are under no obligation whatsoever to accept your Order, and unless effective acceptance has taken place, we are entitled to reject your Order in our sole discretion and without providing you with a reason for our decision.
      4. Should we exercise our right to reject your Order, you will be informed of such fact and your payment will be refunded to you.
      5. Similarly, prior to acceptance being effected by us, you may cancel your Order and request that your payment be refunded, which we will do.
      6. Only the official Despatch Confirmation Form referred to in 5.4.1 will constitute acceptance in accordance with these terms. Any other communication sent to you from us will not be construed as acceptance, irrespective of whether such communication is in regard to or in any way related to your Order.
      7. If we reject your Order due to unavailability of the Item/s you have selected, we may, but are not obliged, to suggest substitute Item/s, and in the event that you wish to order the substituted Item/s you will be required to place a new Order.
  6. YOUR WARRANTIES IN REGARD TO THE TRANSACTION
    1. You warrant, if you make use of a debit or credit to effect payment to us, that the card is your own card and that you are legally entitled to transact with the relevant card.
    2. You warrant that all details submitted to us in connection with the transaction are correct and accurate.
    3. You warrant that you will notify us of any changes in your account details on an ongoing basis, to ensure that our record of your information remains up to date.
  7. BINDING AGREEMENT
    1. A binding agreement between us is created at the time that acceptance of your Order takes place.
    2. This binding agreement is in respect of the Item/s duly listed in the Despatch Confirmation Form, which may not be all the Items that you had included in your Order.
  8. DELIVERY OF ITEM/S
    1. You will nominate your delivery address when you place your Order.
    2. Subject to the further provisions of these Terms and Conditions, there is a charge for the delivery of purchased Items.
    3. Notwithstanding the delivery periods indicated on the Site, and due to factors decimal our control, we do not and will not guarantee an exact delivery date.
    4. We cannot guarantee delivery to every possible location, and accordingly, may request that you provide us with an alternate delivery address should we be unable to deliver to the address you originally selected. In such a case you may elect to cancel your Order and request that your payment be refunded.
    5. You will not have any claim of any nature whatsoever against us as a result of or related to delivery within a time period that differs to that published on the Site.
    6. If you are not accessible for delivery on the date advised in the Despatch Confirmation Form:
      1. we or our appointed agent may communicate with you in regard to arranging a second delivery date; or
      2. we may advise you that you need to collect your Item/s from a designated point no less than 10 days after the original delivery date.
    7. If you have agreed to allow a responsible third person at your delivery address to accept delivery on your behalf, then you will have no claim against S.P.C.C or its delivery agent/s for loss or damage (excluding fault/s intrinsic to the Item/s) if delivery is proved to have been effected to such responsible third person. For the purposes of this clause a ‘responsible third person’ will be a person over the age of 16 years, resident or employed at the nominated delivery address, and delivery will be ‘proved’ by the delivery agent being able to provide the signature of the said responsible third person on the relevant delivery documentation.
    8. If you unjustifiably (in our sole discretion) refuse to accept delivery, or fail to collect your Item/s in terms of 8.8.2, then:
      1. we may elect to immediately cancel our agreement, retain the Item/s, and refund your payment, in which case we reserve the right to deduct our administration charges (including but not necessarily limited to storage and delivery charges) before effecting the refund; or
      2. we may offer you an extended period within which to collect the Item/s or arrange for a further delivery attempt, subject in either case to your prior payment of our storage, delivery and any other charges, which will be invoiced to you once the alternate arrangements have been confirmed.
    9. Our remedies set out in this clause are in addition to any others set out in these Terms and Conditions or available at law, and if we elect to act in terms of this clause 8, it will not affect our right to apply the aforementioned other remedies should we choose to do so.
  9. RECEIPT OF ITEM/S
    1. If a date and time for delivery is arranged with you (by S.P.C.C or its appointed delivery agent), it is your responsibility to make yourself available at the date and time so arranged.
    2. If delivery is effected directly to you by our delivery agent:
      1. you will inspect the Item/s for incorrect selection, apparent defects or obvious damage before you accept delivery of the Item/s;
      2. if you do not accept delivery due to any perceived problems with the Item/s, you will instruct the courier to retain the Item/s and return it/them to us; and;
      3. if you accept delivery, you will retain the documentation provided by the courier, as well as the original packaging of the Item/s, in the event that you become dissatisfied with your purchase at a subsequent time and wish to address this with us.
    3. If delivery is effected to a responsible third person in terms of 8.7 and your delivery instructions:
      1. you will inspect the Item/s for incorrect selection, apparent defects or obvious damage on your receipt of the Item/s;
      2. if you are dissatisfied with the Item/s you will notify us within 24 hours of your receipt of the Item/s of the reasons for your dissatisfaction; and
      3. we will then enter into correspondence with you in regard to your dissatisfaction and the options available to both parties.
    4. You are advised to exercise due care when opening the package that is delivered, and cautioned against the use of sharp objects when doing so.
  10. RISK & OWNERSHIP IN THE ITEM/S
    1. Risk and ownership in and to the Item/s passes to you on effective delivery.
    2. If delivery is delayed for any reason other than the fault of S.P.C.C, then risk will pass on the day on which delivery would have been effected but for the delay, and ownership will pass on the day that you actually receive the Item/s.
  11. TERMINATING A TRANSACTION
    A Transaction may be validly terminated in the following limited circumstances, as well as may be mentioned elsewhere in this document:
    1. We may terminate the transaction if all the Items you have ordered (or in the case of ordering a single Item, the Item you have ordered) are/is unavailable for any cause whatsoever, and in such instance:
      1. We will inform you of the unavailability as soon as reasonably possible;
      2. We will refund the payment that has been made in respect of the unavailable Item;
      3. If a number of Items have been ordered simultaneously, and not all Items are unavailable, we will refund you in respect of the unavailable Item/s and proceed with the Transaction in respect of the Items that are available.
    2. In the case of 11.1.3 above, if you wish to terminate the Transaction in its entirety due to the unavailability of an Item or certain Items, you must advise us of your wish to do so within 24 hours of our informing you in terms of 11.1.1, failing which, you will be deemed bound by the Transaction and we will proceed with delivery of the remaining Item/s ordered by you.
    3. If you wish to withdraw a confirmed Order for any other reason, you must inform the S.P.C.C Customer Care Centre at the contact details shown on the Site, and advise us accordingly.
    4. If you act in terms of 11.3, the transaction will be terminated, and your payment refunded, only if we have not yet packaged and forwarded your Order to our delivery agent, and if termination is not possible for this reason, you will be required to return the Item/s, and will therefore be subject to the terms governing returns, as set out in this agreement.
  12. RETURNS
    1. We will take all steps reasonably necessary to ensure that ordered Items are delivered to you in faultless condition.
    2. In the event that you find fault with one or more of the Items upon receipt and wish to return the Item/s, you must:
      1. retain the Item/s in the received condition; and
      2. retain the original packaging and all documentation that was included on or within the packaging.
    3. You are required to adhere to the manufacturer’s care instructions as attached to the Item/s, and failing such care instructions being attached, to handle and care for the Item/s at a level of care that would reasonably be expected in respect of the Item/s in question.
    4. If, despite your compliance with 12.3 above, you discover a fault with the Item/s and wish to return the Item/s, you must:
      1. Keep the Item/s in the then current condition and not make further use of the Item/s; and
      2. Identify, in writing, the specific nature of the apparent fault and the date on and manner in which you became aware of such fault.
    5. In the case of either 12.2 or 12.4, you must, as soon as you become aware of the apparent fault, contact our S.P.C.C Customer Care Centre in writing to request that we accept return of the Item/s you are not satisfied with, and your request must include:
      1. The Order number and delivery note number in respect of the Item/s;
      2. A detailed description of the apparent fault and how you became aware of it; and
      3. Any other information that we may reasonably request you to provide.
    6. You will be required to allow us opportunity to inspect the Item/s, and the Site will contain instructions on the process of sending the Item to us for inspection. Our receipt of the returned Item/s for inspection will in no way constitute or be deemed to be acceptance of a return of the Item/s or confirmation of the apparent fault or of an obligation to refund you for the Item/s.
    7. We will not accept return of any Item/s should:
      1. The Item/s have been damaged or altered due to:
        1. Improper care;
        2. Carelessness;
        3. Non-standard or unusual use;
        4. Failing to adhere to the care instructions attached to or sent with the Item/s;
        5. Accidental misuse or failure to maintain;
        6. Irregular conditions; or
        7. Any other manner of use or handling which indicates a lack of reasonable care with the Item/s.
      2. You have attempted to alter or repair the Item/s yourself or have allowed a third party to do so or attempt to do so;
      3. The Item/s have deteriorated as a result of fair wear and tear which is reasonably expected in the normal and regular use of the Item/s; or
      4. The apparent fault relates to a slight variation in appearance, which does not materially differentiate the Item/s from the representation on the Site.
    8. If we are willing to accept return of the Item/s, subject to the provisions of this clause, we will inform you accordingly, and we may in such a case offer to repair or replace the Item/s or refund the cost of the Item/s to be returned.
    9. Replacement of a returned Item will be subject to availability and wholly within our discretion.
    10. Should we refuse to accept return of the Item/s:
      1. We will make the Item/s available for your collection from us; or
      2. You may request that our courier deliver the Item/s back to you, subject to your prior payment for the cost of such delivery;
      3. In which case you irrevocably authorise us to debit the bank card that you used to purchase the Item/s with the amount of such delivery charges.
  13. VOUCHERS
    1. You may have the option of redeeming valid S.P.C.C vouchers in order to purchase Items from the Site, such vouchers being issued:
      1. as gift vouchers which are purchased on the Site and sent by email to the intended recipient; or
      2. as promotional offers to certain S.P.C.C customers from time to time.
    2. Each voucher will contain a unique reference code, being the means by which a voucher is identified as valid and which must be quoted when redeeming the voucher.
    3. The vouchers referred to in 13.1.1 and 13.1.2 may NOT be used to purchase any Items (excluding gift vouchers) offered for sale on the Site, and will be considered to have been redeemed when the voucher is selected as the payment mechanism and unique code referred to in 13.2 is quoted in a Transaction on the Site.
    4. If you purchase a gift voucher:
      1. you are entirely responsible for providing the correct email address to which the voucher is to be sent, whether the voucher is sent to you or should you wish S.P.C.C to email the gift voucher directly to the recipient on your behalf; and
      2. it may be transferred from one person to another, and is not required to be redeemed by the named recipient.
    5. If you receive a promotional voucher, you will receive an advisory email and the voucher may then be accessed via your ‘Profile’ on the Site, and used to purchase Item/s on the Site, provided that:
      1. it may contain specific limitations as to Item or brand selection, and these limitations will not be waived; 
      2. it may not be used with another voucher in a single Transaction;
      3. it may not be used on any Sale items on the Site.
      4. it may not be used for more than one Transaction; and
      5. if the total cost of the ordered Items is less than the value of the promotional voucher, then you will forfeit the balance of the voucher because no credit will be allocated for the remaining value.
    6. In respect of both a gift voucher and a promotional voucher, the following terms apply:
      1. Interest will not accrue on the value of a voucher;
      2. Vouchers may not be redeemed for cash;
      3. Vouchers must be redeemed before the indicated expiry date;
      4. If the total cost of the ordered Items is more than the value of the voucher you will be required to make payment of the difference between the total cost and the voucher value, and in such case the provisions of these Terms and Conditions regarding payment will apply;
      5. S.P.C.C will not be held legally responsible or accountable for the loss, misuse or theft of a voucher, and you or the recipient are therefore cautioned to treat the voucher with due care; and
      6. If you take or attempt to take any action in regard to a voucher that amounts or may (in our sole opinion) amount to falsification, fraud, or misrepresentation we will take the steps we deem necessary in the circumstances, including but not necessarily limited to the immediate cancellation of this agreement and the termination of your account on the Site.
  14. CONFIDENTIALITY AND THE SECURITY OF INFORMATION
    1. Nothing in these Terms and Conditions will be construed as conferring any rights whatsoever to either party in regard to the intellectual property of the other, and each party's trademarks, copyright, information and the like is and remains that party's sole and exclusive property.
    2. The Privacy Statement published on the Site is hereby included by way of reference in these Terms and Conditions, must be read in conjunction with the Terms and Conditions, and therefore forms part of the agreement between yourself and S.P.C.C.
  15. INTELLECTUAL PROPERTY
    1. Except for information that you submit to the Site, all content and other subject matter included on or within the Site, and all intellectual property rights in or related to the S.P.C.C offering including, but not limited to, copyright, trademarks, service marks, patent rights, trade secrets and know-how concerning the S.P.C.C brand or any Item/s offered for sale or displayed on the Site, or connected to S.P.C.C licensors, vendors and/or suppliers are and shall at all times remain the sole property of S.P.C.C, or its licensors, vendors or suppliers.
    2. The above statement of ownership includes but is not necessarily limited to information, photographs, signs, text, graphics, designs, lay-outs, images, trade names, slogans, logos, and trademarks, and whether or not indicated as being copyrighted, licenced or otherwise protected by law.
    3. Except as expressly provided in these Terms and Conditions, you shall not in any manner copy, reproduce, distribute, pass off or alter or affect the display of the respective intellectual property owned by S.P.C.C and/or its vendors or suppliers.
  16. LIABILITY, LIMITATIONS AND EVENTS BEYOND THE CONTROL OF S.P.C.C
    *Take note of the limitations of liability contained in this clause 16
    1. No other clause or provision in these Terms and Conditions will operate or be interpreted to overrule this clause 16.
    2. You will not have any claim against S.P.C.C for a failure to carry out any one or more of its obligations in terms of these Terms and Conditions or any Transaction as a result of any circumstances whatsoever beyond the control of S.P.C.C, irrespective of whether those circumstances should or could have been anticipated by S.P.C.C.
    3. The performance of our obligations will be suspended for the duration of the event or circumstance that is preventing performance, and on cessation of the event or circumstance we will then, as soon as is reasonably possible, perform as required in accordance with these Terms and Conditions and the relevant Transaction.
    4. If, in our sole discretion, the suspension of performance has continued or is expected to continue for too long a period, then we may elect to cancel the Transaction by way of written notice to you.
    5. In the case of our acting in terms of 16.4 above, and with the exception of a refund that may be due to you for an Item or Items returned to us, you will have no claim whatsoever or howsoever arising against us in regard to the cancellation of the Transaction.
    6. Notwithstanding any communication between us, whether verbal or written, and subject to clause 16.7, any claim by you against S.P.C.C, howsoever arising, will in the aggregate be limited to the amount actually paid by you to us in respect of the Item/s to which the claim relates.
    7. With the exception of a claim proved to have been caused by the gross negligence of S.P.C.C or its appointed agents, S.P.C.C will not be liable to you for consequential or special damages, whether or not such damages are caused by S.P.C.C or its employees or authorised agents.
  17. NOTICES AND NOMINATED ADDRESSES
    1. Any notice under these Terms and Conditions shall be in writing and must be served by email addressed to the recipient at email address that has been nominated in terms hereof.
    2. All email communication exchanged between us must make use of the ‘read receipt’ function, in order to provide confirmation that emails have been received by our respective email servers.
    3. Any notice given by email shall be deemed to have been served when the email has been received by the recipient’s server. In proving such service it shall be sufficient to show that the notice was despatched via email and a delivery report received. 
    4. Your nominated email address is that given by you to S.P.C.C when you registered your account on the Site. As stated in clause 3 above, it is your responsibility to ensure that your information, including your email address, remains up to date by advising S.P.C.C of any changes.
      1. S.P.C.C chooses as it nominated address: support@spccbrand.com 
    5. You are entitled from time to time to change your nominated address by way of updating your account details on the Site, and S.P.C.C may change its nominated address by way of updating these Terms and Conditions to reflect the new address or addresses.
  18. GENERAL AND MISCELLANEOUS TERMS
    1. These Terms and Conditions constitute the entire agreement between us with regard to your use of the Site, each Transaction that takes place, and all ancillary matters related thereto.
    2. No alteration or variation to these Terms and Conditions shall be of any force or effect unless recorded in writing and signed by you and S.P.C.C.
    3. A failure by S.P.C.C to enforce any provision of these Terms and Conditions shall not in any circumstances be or be construed to be a waiver of such provision or affect in any way the right of S.P.C.C to require performance of any such provision at any time in the future.
    4. You acknowledge that you have made use of the Site or entered into a Transaction on the basis of and do not rely on any representation, warranty or other provision, whether expressed or implied, except as expressly provided in these Terms and Conditions.
    5. S.P.C.C expressly excludes, and does not provide, any warranties/guarantees of any nature and whether express or implied, including but not limited to, warranties as to existing functionality, fitness for a particular purpose, merchantability or absence of any defect, and accepts no liability of any nature arising out of or caused by any defect or failure in respect of an Item/s.
    6. Notwithstanding that a copy of your Order and the related details of a Transaction will be retained by S.P.C.C for a period of 5 years, you should print a copy of all correspondence and documentation relating to a Transaction, including the Terms and Conditions then published on the Site, and retain these copies for your own reference purposes.
    7. If one or more of the provisions in these Terms and Conditions are declared unenforceable by a court of competent jurisdiction, then that provision shall be removed from these Terms and Conditions, and shall not prejudice the applicability or enforceability of the remaining provisions, which shall continue to operate provided that removal of the unenforceable clause does not render them incapable of doing so.
    8. You may not sub-contract, transfer, cede or assign your rights and obligations in a Transaction and as arising in accordance with these Terms and Conditions.
    9. These Terms and Conditions, all Transactions between us, and all matters related in any way thereto shall be governed by and interpreted in terms of the laws of the Republic of South Africa, and you accept and submit to the exclusive authority of the South African courts for any dispute/s arising between yourself and S.P.C.C, or any matters relating to Transactions or these Terms and Conditions.
  19. INTERPRETATIONS AND DEFINITIONS
    1. The headings of the clauses in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the provisions contained herein.
    2. In these Terms and Conditions, except where the context clearly indicates a contrary intention, the singular includes the plural and vice versa, words importing the masculine gender include the other genders and vice versa, the word "person" includes any juristic person and any other body of persons (whether corporate or incorporate).
    3. The rule of construction that clauses must be interpreted against the party principally responsible for drafting will not apply in the interpretation of these Terms and Conditions.
    4. The use of any expression in this Agreement covering a process available under the laws of the Republic of South Africa will, if you are subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such defined jurisdiction.
    5. when any number of days is prescribed in these Terms and Conditions that number of days will be calculated excluding the first and including the last day.
    6. The use of the word "including" followed by a specific example/s will not be interpreted as limiting the meaning of the general wording preceding it.

This is the most recent and up to date version of these Terms and Conditions, as published on the Site on the 12 day of October 2015