TERMS AND CONDITIONS Nissan Pre-Finance

The Services will consist of the following:

• The Services: The Services are these specific online services, offered by Us in terms of using this online platform, which include every time you log into our website under the heading "Account Services" or "My Account" or once you have registered on this specific website and include all Services offered by Us regarding your account once you have logged in. This Service, including the fast track application is ultimately an online platform for vehicle asset finance, which allows you to assess your affordability of specific vehicles provided by third parties or determine what you can afford, and which ultimately allows you to have more control over your vehicle asset finance application, this includes credit advisor, or any service provided on this platform.
• Please note, it is very important to understand that WesBank through the use of Services and/or platform is not the seller of any vehicles. All vehicles are sold by the respective dealers as advertised by third parties. WesBank is providing you an online platform to secure your vehicle asset finance required to finance a vehicle of your choice. WesBank does not guarantee that by using the Services you will be guaranteed the make and model of the vehicle you applied for finance for.

1.    Credit Application

• Your credit application will only be valid for 7 calendar days. This means that once you clicked through to final deal and submit to dealer you have 7 days to go to the dealer and finalise the deal.
• If you do not do this within 7 calendar days, then you will need to reapply for finance through the Services.
• Please note, once the 7 calendar days have passed the deals will no longer show on your profile on the Services.
• When we rescore you, this will leave an additional enquiry on your credit bureau profile.

By entering into a credit agreement with Us, you acknowledge and confirm that You:

• are not a minor;
• have never been declared mentally unfit by any court;
• are not subject to an Administration Order;
• do not have any current application pending for debt review, debt restructuring or alleviation nor do I have any current debt re-arrangement in existence;
• are not under sequestration; and
• do not have any other credit applications pending nor open quotations as envisaged by s92 of the National Credit Act.

2.    Credit Bureau Consent

• As part of the finance application, WesBank will be required to do a credit check on you to ensure that you can afford the vehicle asset finance. You hereby consent to WesBank doing a full credit assessment on You and to WesBank accessing your credit profile from the credit bureau for the credit assessment and in the event that your loan is successful, for on-going account maintenance purposes, setting limits, development of credit tools/models and assessing for insurance purposes.
• Secondly you consent to us displaying your credit bureau information through the Services in order for you to help structure your deal or in credit advisor to understand your credit with Wesbank. WesBank does not warrant the accuracy of the information displayed, if there is any error, omission or dispute with your credit bureau information. You need to contact the credit bureaus directly to rectify the error, omission or dispute.
• You consent to us retrieving and verifying your educational studies either directly from credit bureaus or alternatively third parties who supply such data. You further consent to us using this information for scorecard and product development.
• The credit bureaus you can contact for a dispute or for any further information of your credit profile are:
  • Compuscan
  • TransUnion
  • Experian

3.    Marketing Consent

• I agree that WesBank, FirstRand Limited and subsidiaries or affiliate companies can contact me about products and services they believe will benefit you. If you want to change your marketing consent or opt-out of any telemarketing campaigns; mass distribution of sms or emails; or marketing lists please contact our WesBank Customer Service Center.

4.    Settlement Value

• The settlement value that we quote you is an estimate, and may be subject to change. Your settlement value if you an existing WesBank customer may change depending on when you are quoted, and if there is any interest rate changes or installments paid between when quoting and final settlement.
• If you are not a WesBank customer, the settlement value we are quoting is an estimate based on the information we have received from you on your existing vehicle and vehicle finance. For an accurate settlement value you must contact your existing financial institution for that figure.

5.    Trade-In and Vehicle Valuations

• We process personal information in a responsible and ethical manner. In line with Protection of Personal Information Act and CPA, we may disclose personal information to the participating third party suppliers who provide car price quotes when it is required by law and only after you have expressed interest in a cost estimate provided by the said third party supplier. In order for us to send your cost estimate application and have the third party supplier provide you with vehicle car price quotes, we require your consent to process your information. By using this website you consent to transmitting and receiving information for the purposes of assisting us in processing your application and to ensure that you receive the best car price quotes available. Once you have expressed interest by clicking on the “Get Estimate” button you consent to us providing the third party supplier with your contact details. No personal information will be sold or passed on to any other third party without your consent.
• Any vehicle trade in estimate provided is only illustrative and not a legally binding offer. A vehicle trade in estimate given to you is subject to change, based on the verification and further consideration of more comprehensive information after the third party supplier contacts you. All vehicle trade in estimates are provided based on limited information. The third party supplier reserves the right to withdraw the quote at any point in time prior to you signing a legal binding offer to purchase. Provision of a vehicle trade in estimate has no bearing on and nor is it a guarantee that you will be approved for vehicle finance. WesBank uses the services of third parties to provide estimates of your trade-in value of your existing vehicle. WesBank at no times guarantees the amount that you will receive for your existing vehicle when either trading in or selling.
• The value of your vehicle is dependent on many factors, including but not limited to the condition of the vehicle, the mileage, and service history.

6.    Use of Calculators on our site

• The calculations provided by the calculators on our site are based on the information provided by you and is also only an estimation of the value of the asset. You should not accept the calculations to be the actual value thereof.
• The material and tools displayed on this website are provided without any guarantees, conditions or warranties as to their accuracy. To the extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by legislation, common law, any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
• Although every precaution has been taken in the preparation of the website pages, the author assumes no responsibility for errors or omissions. This website and the services offered in terms thereof is here purely as a service to you, please use it at your own risk.

7.    Privacy

• For the purposes of this clause "we", "us", "our" and "FSR" refers to FirstRand Bank Limited, the FirstRand Group Limited, any affiliate companies, its associates, cessionaries, delegates or successors in title and/or third parties (like its authorised agents and contractors).

How we use your information:

You can refer to our Privacy Policy located online for more information on our privacy practices.

FSR collects information from you directly; from your usage of our products and services; from your engagements and interactions with us; from public sources and from third parties.

Your information will be confidential and will only be processed if you consented thereto; it is necessary to conclude or perform a contract with you; the law requires it; or your, our or a third parties lawful interest is being protected or pursued.

FSR may process your information. Information includes amongst others information regarding marital status, national origin, age, language, birth, education, financial, identifying number, e-mail address, physical address, telephone number, online identifier, social media profile, biometric information (like fingerprints, signature or your voice) and your name.

The processing of information includes the collection, storage, updating, use, making available or destruction thereof.

FSR may process your information for the following reasons (amongst others):

To comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests.

To detect, prevent and report theft, fraud, money laundering and other crimes.

To enforce and collect on any agreement when you are in default or breach of the agreement terms and conditions, like tracing you or to institute legal proceedings against you.

To conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services.

To develop, test and improve products and services for you.

For historical, statistical and research purposes.

To process payment instruments (like a cheque) and payment instructions (like a debit order).

To create, manufacture and print payment instruments (like a cheque) and payment devices (like a debit card).

To do affordability assessments, credit assessments and credit scoring.

To manage and maintain your accounts or relationship with FSR.

To disclose and obtain information from credit bureaux regarding your credit history

• To enable you to participate in the debt review process under the National Credit Act, where applicable.
• To enable FSR to deliver goods or documents or notices to you.
• For security, identity verification and to check the accuracy of your information.
• To communicate with you and carry out your instructions and requests.
• For customer satisfaction surveys, promotional and other competitions.
• FSR may share your information with the following persons (amongst others) whom have an obligation to keep your information secure and confidential:
  • Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.
  • Debt counsellors, payment distribution agents and other persons that assist with the debt review process under the National Credit Act.
  • Payment processing services providers, merchants, banks and other persons that assists with the processing of your payment instructions.
  • Insurers, brokers, other financial institutions that assist with the providing of insurance and assurance.
  • Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
  • Regulatory authorities, governmental department, local and international tax authorities and other persons that FSR under the law have to share your information with.
  • Credit bureaux.
  • FSR’s service providers, agents and sub-contractors like couriers and other persons FSR uses to offer and provide products and services to you.
  • Persons to whom FSR cedes their rights or delegates their obligations to under agreements.
• You have the right to request us to correct or delete the information FSR has about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or no longer authorised to be kept.
• You have the right to file a complaint with FSR or the Information Regulator, once established, about an alleged contravention of the protection of your information.

8.    Cookies

• You agree that we shall be entitled to send 'cookies' from this website to your computer. We use the word 'cookie' to refer to information that is sent from this website to your hard drive, where it is saved and contains information to personalise your experience on this website. In this way, the next time you use this website we will know who you are and that you have visited this website before.

What are cookies?

• A cookie is a small piece of data sent from FSR's ("FirstRand/WesBank") websites or applications to your computer or device hard drive or internet browser where it is saved. The cookie contains information to personalise your experience on the FSR’s websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.

What is FSR's practices regarding cookies?

• By using FSR's websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable FSR to know that you have visited the website or application before and will identify you. FSR may also use the cookie to prevent fraud. We will use the cookies to provide you with specific vehicle offers which we are able to identify that suit your personal needs.

9.     Product Agreements

• All Products and Services provided by the Bank are subject to their own terms and conditions ("Product Agreements") such as your Instalment sale, Lease or Rental Agreement's terms and conditions, as well as account or facility terms and conditions ("other terms") and your use of those products and Services will also be subject to those additional bank terms.
• These Terms must be read together with and form part of each Agreement. In the event of conflict between these Terms and the Agreement, the provisions of the Agreement will prevail to the extent of the conflict.

10.     Amendments to these Terms and Conditions

• We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms at any time and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms prior to using the Services for any such changes and acknowledge that you are bound by the latest version of these Terms as published on our website.
• For convenience only, the date on which these Terms were last amended is shown below the main heading of these Terms.

11.     Access Codes

• For security, identification and verification purposes, when using the Services, you will make use of a either a One Time Pin ("OTP"), Personal Identification Number ("PIN"), Account Number, User Identification Number as contained in your RSA identity book ("ID number") and/or a Password. These are all called your "access codes".
• If you enter an access code incorrectly 3 (three) times, you will be logged out of the website and your access will be suspended. You will have to contact our contact centre to arrange for the suspension to be lifted.
• You are responsible for maintaining the confidentiality and secrecy of your access codes. Only you may use your access codes. Do not keep your access codes together with other Services documents.
• If you make contact with Us, We may, for the purposes of identification and verification, request certain information such as your Account Number or ID Number. However, there will never be a reason for the Services helpline or any of our staff, to request or know your Password or PIN.
• If you believe your access codes have been compromised, you must immediately contact the Services helpline on 0861 000 969 and request that they deactivate your access codes or you can reset your access codes on the website with your User ID and OTP. You must keep any reference number given to you by the Services helpline as verification of your notification to Us of any such compromise.
• Until you notify Us to deactivate your access codes to any one of our Services, We will not be held responsible or liable for any information obtained without your knowledge or consent.

12.     Fraudulent activities

• We are committed to ensuring the security of your use of the Services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website.
• Where you have been a victim of any fraudulent conduct through any use or misuse of the Services, you must inform Us as soon as you become aware that suspicious conduct has occurred on your account and open a case at your nearest South African Police Service office. You will be required to co-operate with Us and the South African Police Service in any investigation conducted into losses that yousuffered as a result of such fraud.

13.     Registration for the Services

• Visit the homepage of the website, click on the "Register'' button and proceed to register for The Services .You will not be able to transact until such time as your details have been validated by the Bank. For more information visit our website, click on the "My Account" button and read more about the "Account Services Pre-registration and Registration Process under the "Explain more about" banner, or contact the WesBank Online Services helpline on 0861 000 969.

14.     Use of software and hardware

• You should only use the most up-to-date Internet browser to access the website and make use of the Services, provided that where We specify hardware or software requirements on the website, only such specified hardware or software may be used. See our site settings requirements for more information. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate properly or at all.
• Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing to such terms and conditions which will govern your relationship with such third party licensor. You agree that We shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify Us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.

15.     Fees

• The use of the Services is free of charge. Standard mobile and landline rates will however be applicable as agreed with your telecommunications service provider. Please note that some of the Products and/or Services on the website are brought to you by third parties. Use of third party websites and Services may attract fees. It is your duty to familiarize yourself with the terms and conditions of the third party website as well as the fees charged by the third party for any Services.

16.     Your instructions

• Due to the fact that We communicate with you through the Internet or by phone, you agree that We are entitled to assume that you have authorised all communications once your access codes have been entered. This will not apply once We receive notification from you to disable access to your accounts as a result of your access codes or other personal information having been misplaced or lost. Our records of your communication will be proof of any instruction you have given us, unless you can prove the contrary.
• You are responsible for giving correct information and instructions when registering for the Services and when obtaining information by phone.
• Please ensure that you review the entire request or self help offered, to correct any mistakes and to withdraw from the self help interaction or request, before final selection and/or submission. We will not try to assist if you make a mistake when giving Us an instruction, but We will not be responsible for any loss or damage caused by your error, nor are We responsible for the verification of the identity of recipients.
• You hereby acknowledge that certain information, once processed, may not be reversed or terminated.
• Unless otherwise stated in a Product Agreement, the Services will be subject to the same turnaround times that apply to those processes, requests, accounts and customer profile, if any, if done at a WesBank regional office.
• An instruction will only be deemed to have been received by Us once We have confirmed receipt, or responded thereto, whichever is the earlier. If you are unsure as to whether a self help request has been processed, you should contact Us before you re-submit the instruction. Re-submitting an instruction may cause Us to process the same request twice, for which We will not be liable.

17.     Ending a session

• You must log off the website once you have finished using the Services. If you fail to do this, it may result in unauthorised processing of your information, for which We will not be liable.

18.     Ending your use of Services

• We may, on notice to you, end your use of and access to the Services at any time, for any reason whatsoever. Instructions given to Us prior to such termination will not be affected by such termination.
• We will however, terminate your use of and access to and/or prohibit your future access to use of the Services immediately and without any notice to you if:
  • We determine, in the exercise of our discretion, that your behaviour was inappropriate, illegal or constitutes misconduct;
  • you breached these Terms and Conditions;
  • you have committed, or attempted to commit, fraudulent conduct directly or indirectly, or We suspect that you have done so;
  • We are required to do so by law;
  • your account with WesBank is closed;
  • you do not use the Services for a period of 12 (twelve) months or more, we terminate your access to the Services because of this, you will have to register again.
• In the event of Us terminating your access to the Services, We will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.
• You may terminate your use of the Services by contacting the helpline on 0861 288 272. Application for the Services via this website or an app.
• Any application submitted for the Services via this website does not constitute a guarantee that what is being applied for will be granted.
• An auto-response to your application may not be construed as formal approval of your application. It is only once We expressly notify you of our approval that you will have been approved for the Service/s for which you applied.

19.     Security

• Information that is transmitted over the Internet, telephone or via other networks (wireless or otherwise) may be subject to interception. While We will take all reasonable precautions to ensure that the Services are secure, We shall, subject to the Consumer Protection Act 68 of 1998 ("CPA"), not be liable for any loss or damage you suffer as a result of your use of the Services.
• You acknowledge that you have read and understood the security tips in the Security Centre which We publish on the WesBank website (www.wesbank.co.za) and that you shall take the precautions mentioned therein.

20.     Monitoring of communications

• We do not editorially control, filter or read any information, images or documents that you post or upload onto the website on an ongoing basis, and you acknowledge and agree that We shall not be responsible, in any way, for any of your postings. You also agree to indemnify Us against any liability, claim, damage or loss of whatsoever nature that may result from your postings.
• You undertake not to post or load content on the website that may be illegal, defamatory, infringing, harassing, profane, untrue, incorrect or harmful, or which We regard as inappropriate, and you accept that We may remove this content from the website without further notice to you.

21.     No warranties

• To the fullest extent permissible by law, including the CPA, no warranties, whether express or implied, are made of any kind in respect of the Services including in respect of the performance, quality, security, content, Information, availability, accuracy, safety or reliability of the Services.
• We accept no liability and responsibility for any inaccuracies, errors, omissions and/or misinterpretations occurring in any advertisement (including any information and photographs therein) on the website, and the you absolve Us for any responsibility therein.

22.     Disclaimer

• We are fully committed to providing you with the best possible Service. However, We are, subject to the CPA, not responsible for:
  • any interrupted, delayed or failed transmission, storage or delivery of information;
• any inaccurate, incomplete or inadequate information obtained by you from the website; or
• your reliance on any of the information, content, tools or materials that you obtain from this website.
• It is very important that you acknowledge and understand that the information included on this website should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult a professional advisor before you rely on any information that is published on or accessible via this website or on the results of any calculators provided on this website.

23.     Limitation of liability

• Although We have taken reasonable care to prevent harm or loss to you, you agree that We and our affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) are not liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of your use of or inability to use the Services.
• You furthermore indemnify Us against any damage, damages, liability, claims or demand by third parties or loss suffered by Us arising from your use of the Services or your breach of these Terms.
• This indemnity will be subject to any applicable law, including the CPA.

24.     Links to third party websites

• For your convenience, our website may contain links to other websites belonging to or operated by third parties ("third party websites"). By making the hyperlinks available We are not endorsing third party websites, their content, Products or Services they offer or the owners of these third-party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites .We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk. These web sites are not monitored or checked for accuracy or completeness by us
• External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links provided is at your own risk.

25.     Using content from our website

• The content on the Services, including, but not limited to all registered and unregistered trade marks, constitutes our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any license or right of use of any intellectual property.
• You may not establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise ("linking") to our website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. You may apply to establish such a link by submitting your request to service@wesbank.co.za. In the event that you have not heard from Us within 5 (five) working days, please consider your request as having been rejected.

26.     Notices, confirmation and statements

• You agree that our publishing a notice on our website or sending you a notice once you log into the Services, email, SMS or post will constitute sufficient notice to you. It is therefore imperative that We always have your most recent personal information updated such as your mobile number, email address etc.
• Should you fail to raise an objection with Us within 5 (five) hours after We sent you a notice (including by email, SMS or other medium) confirming request for information or the changing of any setting on your accounts, you will be deemed to have accepted the requests or new setting as being valid and binding in all respects.

27.     Availability of the Services

• The Services may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use our other available channels: Email: service@wesbank.co.za OR our Customer Service Centre on 0861 288 272.

28.     Definition of Business Hours

• Whenever a reference is made to hours, the following applies:
• Business Hours: Weekdays 8:00 TO 17:00
• Saturday 8:00 TO 12:00
• After Hours: All other times

29.     Modification, suspension or termination of Online Services

• We may discontinue providing the Services or any of the Products or Services offered via the website at any time at our sole discretion. We will however, notify you of this within a reasonable time of these changes being made.

30.     Submitting a complaint to Us

• If you wish to lodge a complaint, please notify Us in writing by sending an email to service@wesbank.co.za.
• We will respond to your complaint as soon as possible. If you do not hear from Us within 5 (five) working days from sending your complaint We request that you contact Us at 0861 288 272 to check whether your complaint has been received. Please quote your reference number when you contact Us directly.

31.     Disputes which cannot be resolved

• If we cannot resolve your complaint within a reasonable time, you are free to lodge a formal complaint at the office of the Banking Ombudsman, provided that your complaint falls within the jurisdiction of the Banking Ombudsman. For more information on how this process works, please visit www.obssa.co.za.

32.     Address for legal notices

• All legal notices relations to the products/services must be delivered as provided in the product agreements. Where such addresses are not specified such notices must be sent to your Registered Address as You provided to WesBank or as per your Registration for the Services. WesBank can send you legal notices to any address you specified on your application or registration forms with us or where you actually live or work.

33.     The law governing our relationship

• We both agree that these Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa notwithstanding the fact that an instruction may have emanated from outside the Republic of South Africa. Accessing the Services from another country may be an offence in that country. You agree that use of the Services outside South Africa will be at your own risk.

23.     Capacity

• In using the Services you represent and warrant that you are of full legal age, are emancipated or have your guardian's consent and assistance and have the required legal capacity to enter into and be bound by these Terms or any other Product Agreement regarding your use of the Services.

34.     Anti-Money Laundering Requirements

Take Note:
WesBank endeavours to stop or prevent any criminal activities including money laundering and terrorist financing. Because of this WesBank can do any of the following things if it considers it is necessary to do so, or if South African and international laws, rules regulations restrictions and policies (‘the laws”) require it to do so:

• WesBank may verify (check and confirm) the identity of any customer and entity as well as that of any persons related to or acting on behalf of or involved with such customers or entities. This includes, but is not limited to, mandated persons, directors, signatories, shareholders and related entities. WesBank will do this at the start of the business relationship and as often as it or the law considers necessary thereafter.
• WesBank can refuse to do business with any person or entity that it considers undesirable.
• WesBank will not willingly and knowingly do business with any person that appears on any sanction list as prescribed by legislation or used by it in the management of its risk or that is linked to any person that appears on such sanction list, or linked to any restricted countries or the government agencies of such restricted countries as determined from time to time.
• WesBank can end its relationship with a customer at any point of time.
• WesBank can monitor any transactions and instructions.
• WesBank can request further information before acting on any instruction or transaction. WesBank can verify any transaction or instruction or recipient before processing it. This may result in a delay in WesBank carrying out the instruction.
• WesBank can place a hold on any account or facility or service it provides to You.
• You agree to assist WesBank to comply with the laws by providing WesBank with all the information and documents it requires. If you fail to do so or provide false information WesBank can refuse to enter into a relationship with you, refuse to carry out an instruction or process an instruction and can also end its relationship with you.

Take Note: WesBank will not be legally responsible to you, or any person, or customer for any loss or damage, you or they suffer if it does any of the things mentioned above, or anything else necessary to comply with the laws.

36.     General

• The headings appearing in these Terms are inserted for convenience only and will not be taken into account when interpreting these Terms. Where dates and times need to be calculated in terms of these Terms, the international standard time (GMT) plus 2 (two) hours will be used.
• The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against Us nor shall it constitute a waiver by Us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which mayhave arisen in the past or which might arise in the future.
• A certificate issued by our website administrator will serve as proof of which version of these Terms as applied to your use of the Services at a specific date. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these Terms, without invalidating the remaining provisions of these Terms.
• If We are prevented from fulfilling any of our obligations to you as a result of any event or circumstance beyond our control (‘an uncontrollable event’) those obligations shall be deemed to have been suspended for as long as we are so prevented from fulfilling them, and your obligations shall similarly be suspended. If the uncontrollable event continues for more than thirty days after it has first occurred, we shall be entitled (but not obliged) to terminate all its rights and obligations arising out of these terms by giving notice to you