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CHICFORME WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

1. INTRODUCTION
1.1. This website can be accessed at www.chicforme.co.za, related mobi-sites and software
applications (the “Website”) and is owned and operated by Angeline Smith trading as ChicForMe
(“ChicForMe”, “we”, “us” and “our”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and
delivery of Goods, and the use of the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or
uses this Website (“you”, “your” or “user”), including without limitation each registered user who
registers as contemplated below.
1.4. By using the Website and by clicking on the “I accept these terms and conditions” button on the
Website, as may be applicable, you acknowledge that you have read and agree to be bound by
these Terms and Conditions and that you consent to your personal information being gathered
and used as indicated in the Privacy Policy.
1.5. The Website enables you to shop online for a wide variety of hand-crafted goods, ranging from
gifting to household goods (“Goods”).
1.6. ChicForMe allows third party sellers (each a “Vendor”) to list and sell their Goods on the Website.
ChicForMe will indicate on relevant product pages and checkout pages when Goods are for sale
by a Vendor. Certain terms in these Terms and Conditions only apply to purchases from Vendors,
and others only apply to purchases from ChicForMe. This will be made clear in the relevant
clause.

2. IMPORTANT NOTICE
2.1. Your attention is drawn to these Terms and Conditions because they are important and should
be carefully noted.
2.2. If there is any provision in these Terms and Conditions that you do not understand, it is your
responsibility to ask ChicForMe to explain it to you before you accept the Terms and Conditions
or continue using the Website.
2.3. These Terms and Conditions apply to users who are consumers for purposes of the Consumer
Protection Act, 68 of 2008 (the “CPA”).
2.4. These Terms and Conditions contain provisions that appear in similar text and style to this clause
and which –
2.4.1. may limit the risk or liability of ChicForMe or a third party; and/or
2.4.2. may create risk or liability for the user; and/or
2.4.3. may compel the user to indemnify ChicForMe or a third party; and/or
2.4.4. serves as an acknowledgement, by the user, of a fact.
2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict,
limit or avoid any right or obligation, as the case may be, created for either you or ChicForMe in
terms of the CPA.
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2.6. ChicForMe permits the use of this Website subject to these Terms and Conditions and the
Privacy Policy. By using this Website in any way, you are deemed to have accepted all the Terms
and Conditions and the Privacy Policy unconditionally. You must not use this Website if you do
not agree to the Terms and Conditions and/or the Privacy Policy.
2.7. Weight and dimensions are included only as a guide for calculating shipping costs and have been
rounded up slightly in most cases.
2.8. All of our items are custom made or package and therefore actual weight and dimensions
will vary.

3. RETURNS
3.1. Please refer to our Returns Policy for more information about returning Goods (and related
refunds, replacements or repairs). The Returns Policy is incorporated by reference (which
means that it forms part of these Terms and Conditions).

4. PRIVACY POLICY
4.1. We respect your privacy and will take all reasonable steps to protect it, as set out in our Privacy
Policy.
4.2. To register as a user, you must provide a unique username and password and provide certain
information and personal details to ChicForMe.
4.3. ChicForMe will only use this information and your personal details as set out in the Privacy Policy.
4.4. The Privacy Policy is incorporated into these Terms and Conditions by reference, which means
that it forms part of these Terms and Conditions. When you agree to be bound by the Terms and
Conditions you are also bound by the Privacy Policy.

5. REGISTRATION AND USE OF THE WEBSITE
5.1. Only registered users may order Goods on the Website.
5.2. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal
capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into
a binding agreement, then you may use the Website only with the involvement and supervision
of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her
consent, then such person agrees to be bound to these Terms and Conditions and to be liable
and responsible for you and all your obligations under these Terms and Conditions.
5.3. To register as a user, you must provide a unique username and password and provide certain
information and personal details to ChicForMe.
5.4. You will need to use your unique username and password to access the Website in order to
purchase Goods.
5.5. You agree and warrant that your username and password shall:
5.5.1. only be used by you; and
5.5.2. not be disclosed by you to any third party.
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5.6. For security purposes you agree to enter the correct username and password whenever ordering
Goods, failing which you will be denied access.
5.7. You agree that, once the correct username and password relating to your account have been
entered, irrespective of whether the use of the username and password is unauthorised or
fraudulent, you will be liable for payment of such order, save where the order is cancelled by you
in accordance with these Terms and Conditions.
5.8. You agree to notify ChicForMe immediately upon becoming aware of or reasonably suspecting
any unauthorised access to or use of your username and password and to take steps to mitigate
any resultant loss or harm.
5.9. You agree that you will not in any way use any device, software or other instrument to interfere
or attempt to interfere with the proper working of the Website. In addition, you agree that you will
not in any way use any robot, spider, other automatic device, or manual process to monitor, copy,
distribute or modify the Website or the information contained herein, without the prior written
consent from an authorised ChicForMe representative (such consent is deemed given for
standard search engine technology employed by Internet search websites to direct Internet users
to this Website).
5.10. You may not use the Website to distribute material which is defamatory, offensive, racist contains
or amounts to hate speech or is otherwise unlawful.
5.11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or
the information contained therein without the express prior written consent of an authorised
ChicForMe representative.

6. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
6.1. Registered users may place orders for Goods, which ChicForMe may accept or reject. Whether
or not ChicForMe accepts an order depends on the availability of Goods, correctness of the
information relating to the Goods (including without limitation the price) and receipt of payment
or payment authorisation by ChicForMe for the Goods.
6.2. NOTE: ChicForMe will indicate the acceptance of your order by delivering the Goods to you, and
only at that point will an agreement of sale between you and ChicForMe come into effect (the
“Sale”). This is regardless of any communication from ChicForMe stating that your order or
payment has been confirmed. ChicForMe will indicate the rejection of your order by cancelling it
and, as soon as possible thereafter, refunding you for any amount already paid.
6.3. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before
receiving a dispatch or delivery notice. After delivery of the Goods, you may return the Goods
only in accordance with the Returns Policy.
6.4. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not
constitute an order for such Goods, and as such, Goods may be removed from the shopping
basket if stock is no longer available or the price thereof might change without notice to you. You
cannot hold ChicForMe liable if such Goods are not available or are not available at the particular
price when you complete or attempt to complete the purchase cycle at a later stage.
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6.5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any
time without notice to you.
6.6. ChicForMe will take all reasonable efforts to monitor stock levels and ensure that when stock is
no longer available, that offers thereof are discontinued on the Website. However, we cannot
guarantee the availability of stock. When Goods are no longer available after you have placed
an order, ChicForMe will notify you and you will be entitled to a refund of any amount already
paid by you for such Goods.
6.7. In the case of Goods for sale by a Vendor, ChicForMe relies on inventory
information supplied by the relevant Vendor and ChicForMe accordingly bears no
liability for any inaccuracies in the information supplied to it. Consequently, should
you order any Goods from a Vendor which are in fact sold-out, any resulting dispute should be
resolved between you and the relevant Vendor, your respective rights and obligations being as
set out in these Terms and Conditions.
6.8. No Goods may be purchased for re-sale. Should we suspect that any such Goods are being
purchased for sale, we are entitled to cancel your order immediately on notice to you.

7. PAYMENT
7.1. We are committed to providing secure online payment facilities. All transactions are encrypted
using appropriate encryption technology.
7.2. Whether the Goods are for sale by ChicForMe or a Vendor, payment can be made via the
following methods –
7.2.1. debit card: where payment is made by debit card, we may require additional information
in order to authorise and/or verify the validity of payment. In such cases we are entitled
to withhold delivery until such time as the additional information is received by us and
authorisation is obtained by us for the amounts. If we do not receive authorisation your
order for the Goods will be cancelled. You warrant that you are fully authorised to
use the debit card supplied for purposes of paying the Goods. You also warrant
that your debit card has sufficient available funds to cover all the costs incurred
as a result of the Goods purchased on the Website;
7.2.2. credit card: where payment is made by credit card, we may require additional
information in order to authorise and/or verify the validity of payment. In such cases we
are entitled to withhold delivery until such time as the additional information is received
by us and authorisation is obtained by us for the amounts. If we do not receive
authorisation your order for the Goods will be cancelled. You warrant that you are
fully authorised to use the credit card supplied for purposes of paying the Goods.
You also warrant that your credit card has sufficient available funds to cover all
the costs incurred as a result of the services used on the Website; and
7.2.3. ChicForMe Vouchers.
7.3. You may contact us via our Help page to obtain a full record of your payment. We will also send
you email communications about your order and payment.
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7.4. Once you have selected your payment method, you will be directed to a link to a secure site for
payment of the applicable purchase price for the Goods.

8. DELIVERY OF GOODS
8.1. ChicForMe delivers Goods to you via courier services, the Post Office Counter to Counter or
Counter to Door Services.
8.2. Our delivery charges are subject to change at any time, without prior notice to you. You will see
the applicable delivery charges in your cart when you check out.
8.3. Weight and dimensions are included only as a guide for calculating shipping costs and have been
rounded up slightly in most cases.
8.4. All of our items are custom made or packaged and therefore actual weight and dimensions will
vary.
8.5. Where it accepts your order, ChicForMe or the Vendor will deliver the Goods to you as soon as
reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery
Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You
may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your
order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase
price.
8.6. ChicForMe’s obligation to deliver a product to you is fulfilled when we hand the product to the
courier company or deliver the product to our nearest Post Office for delivery of the order to you.
ChicForMe is not responsible for any loss or unauthorised use of a product, after it has
delivered/handed the product to the courier services or its nearest Post Office.

9. ERRORS AND COLOURS
9.1. We shall take all reasonable efforts to accurately reflect the description, colour, availability,
purchase price and delivery charges of Goods on the Website. However, should there be any
errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall
not be liable for any loss, claim or expense relating to a transaction based on any error, save –
in the case of any incorrect purchase price – to the extent of refunding you for any amount already
paid, or otherwise as set out in the Returns Policy.
9.2. We have made every effort to display as accurately as possible the colours and images of the
Goods, however we cannot guarantee that your computer monitor’s display of any colour will be
accurate.
9.3. ChicForMe shall not be bound by any incorrect information regarding our Goods displayed on
any third-party websites.

10. GIFT VOUCHERS
10.1. ChicForMe may from time to time make physical or electronic gift vouchers (“Gift Vouchers”)
available for use on the Website towards the purchase of ChicForMe Goods. Gift Vouchers can
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only be redeemed while they are valid and their expiry dates cannot be extended. More
specifically:
10.1.1. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale.
Gift Vouchers that ChicForMe gives away for free are valid for the period stated
thereon. In each case, if your Voucher has not been used within that period, it will
expire.
10.1.2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not
accrue interest and are not refundable for cash once purchased. If your Gift Voucher
value is insufficient for the order you wish to place, you may make up the difference by
paying via one of our other payment methods.
10.1.3. ChicForMe is not responsible for any harm due to the loss, unauthorised use or
unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to
you or the email address nominated by you.

11. VENDORS
11.1. ChicForMe will indicate on relevant product pages and checkout pages when Goods are for sale
by a Vendor. In such cases ChicForMe only provides the platform to facilitate transactions
between Vendors and ChicForMe customers. ChicForMe is neither the buyer nor the seller of
these Goods unless otherwise specified.
11.2. The Sale formed on acceptance of your order (in accordance with clause 6.2) for Goods that are
for sale by a Vendor is therefore solely between the registered user and such Vendor. ChicForMe
is not a party to that sale.
11.3. The Vendor is solely responsible for fulfilment of delivery of the Goods. The Vendor is also
responsible to provide an invoice to the registered user if required.
11.4. Not all Vendors are registered VAT (Value-Added Tax) vendors. Only Vendors who are registered
VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a
Vendor is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in
a position to issue a tax invoice in respect thereof.
11.5. Because ChicForMe wants the registered user to have a safe and consistent experience,
ChicForMe will facilitate any returns under the CPA or the Electronic Communications and
Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the
Sale between a registered user and a Vendor on behalf of the Vendor according to the Vendor’s
own Returns Policy. Should such claim escalate into being a dispute, although ChicForMe is
entitled to become involved in an attempt to resolve it, ChicForMe is not obliged to do so and any
disputes must be resolved between you and the relevant Vendor alone.

12. CHANGES TO THESE TERMS AND CONDITIONS
12.1. ChicForMe may, at any time, in its sole discretion, change any of these Terms and Conditions. It
is your responsibility to regularly check these Terms and Conditions and make sure that you are
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satisfied with the changes. Should you not be satisfied, you must not place any further orders on,
or in any other way use, the Website.
12.2. Any such change will only apply to your use of this Website after the change is displayed on the
Website. If you use the Website after such amended Terms and Conditions have been displayed
on the Website, you will be deemed to have accepted such changes.

13. ELECTRONIC COMMUNICATIONS
13.1. When you visit the Website or send emails to us, you consent to receiving communications from
us or any of our divisions or partners electronically in accordance with our privacy policy as set
out in our Privacy Policy.

14. OWNERSHIP AND COPYRIGHT
14.1. The contents of the Website, including any material, information, data, software, icons, text,
graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks,
designs and service marks which are displayed on or incorporated in this Website
(“Website Content”) are protected by law, including but not limited to copyright and trade mark
law.
14.2. The Website Content is the property of ChicForMe, its advertisers and/or sponsors and/or is
licensed to ChicForMe.
14.3. You will not acquire any right, title or interest in or to the Website or the Website Content.
14.4. Any use, distribution or reproduction of the Website Content is prohibited unless expressly
authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain
permissions for the commercial use of any Website Content contact us via our Help page.
14.5. Where any of the Website Content has been licensed to ChicForMe or belongs to any third party,
your rights of use will also be subject to any terms and conditions which that licensor or third
party imposes from time to time and you agree to comply with such third party terms and
conditions.

15. DISCLAIMER
15.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk
or loss resulting from use of the Website or reliance on any information on the Website.
15.2. Whilst ChicForMe takes reasonable measures to ensure that the content of the Website is
accurate and complete, ChicForMe makes no representations or warranties, whether express or
implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website
or as to the accuracy, completeness or reliability of any information on the Website. If any such
representations or warranties are made by ChicForMe’s representatives, ChicForMe shall not be
bound thereby.
15.3. ChicForMe disclaims liability for any damage, loss or expenses, whether direct, indirect or
consequential in nature, arising out of or in connection with your access to or use of the Website
and/or any content therein unless otherwise provided by law.
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15.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be
under warranty, the Website itself and all information provided on the Website is provided “as is”
without warranty of any kind, either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement,
as may be allowed in law.
15.5. Any views or statements made or expressed on the Website are not necessarily the views of
ChicForMe, its directors, shareholders, employees and/or agents.
15.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, ChicForMe
also makes no warranty or representation, whether express or implied, that the information or
files available on the Website are free of viruses, spyware, malware, trojans, destructive materials
or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm,
jeopardise or otherwise impede in any manner the operation, stability, security functionality or
content of your computer system, computer network, hardware or software in any way. You
accept all risk associated with the existence of such viruses, destructive materials or any other
data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise
impede in any manner the operation or content of a computer system, computer network, any
handset or mobile device, or your hardware or software, save where such risks arise due to the
gross negligence or wilful misconduct of ChicForMe, its employees, agents or authorised
representatives. ChicForMe thus disclaims all liability for any damage, loss or liability of any
nature whatsoever arising out of or in in connection with your access to or use of the Website.

16. LINKING TO THIRD PARTY WEBSITES
16.1. This Website may contain links or references to other websites (“Third Party Websites”) which
are outside of our control, including those of advertisers.
16.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites,
your use of such Third Party Websites is entirely at your own risk and we are not responsible for
any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your
use of such Third Party Websites or your reliance on any information contained thereon.
16.3. These Terms and Conditions do not apply to those Third-Party Websites and ChicForMe is not
responsible for the practices and/or privacy policies of those Third-Party Websites or the
“cookies” that those sites may use.

17. LIMITATION OF LIABILITY
17.1. ChicForMe cannot be held liable for any inaccurate information published on the Website and/or
any incorrect prices displayed on the Website, save where such liability arises from the gross
negligence or wilful misconduct of ChicForMe, its employees, agents or authorised
representatives. You are encouraged to contact us to report any possible malfunctions or errors
by way of our Help page.
17.2. CHICFORME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF,
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OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE;
OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE
WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
17.3. YOU HEREBY INDEMNIFY CHICFORME AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH
MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM
YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

18. AVAILABILITY AND TERMINATION
18.1. We will use reasonable endeavours to maintain the availability of the Website, except during
scheduled maintenance periods, and are entitled to discontinue providing the Website or any part
thereof with or without notice to you.
18.2. ChicForMe may in its sole discretion terminate, suspend and modify this Website, with or without
notice to you. You agree that ChicForMe will not be liable to you in the event that it chooses to
suspend, modify or terminate this Website other than for processing any orders made by you
prior to such time, to the extent possible.
18.3. If you fail to comply with your obligations under these Terms and Conditions, including any
incident involving payment of the price of an order for any Goods, this may (in our sole discretion
with or without notice to you) lead to a suspension and/or termination of your access to the
Website without any prejudice to any claims for damages or otherwise that we may have against
you.
18.4. ChicForMe is entitled, for purposes of preventing suspected fraud and/or where it suspects that
you are abusing the Website and/or have created multiple user profiles to take advantage of a
promotion or Coupon intended by ChicForMe to be used once-off by you, to blacklist you on its
database (including suspending or terminating your access to the Website), refuse to accept or
process payment on any order, and/or to cancel any order concluded between you and
ChicForMe, in whole or in part, on notice to you. ChicForMe shall only be liable to refund monies
already paid by you (see ChicForMe’s Returns Policy in this regard), and accepts no other liability
which may arise as a result of such blacklisting and/or refusal to process any order.
18.5. At any time, you can choose to stop using the Website, with or without notice to ChicForMe.

19. GOVERNING LAW AND JURISDICTION
19.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection
with these Terms and Conditions shall be governed and interpreted in accordance with the laws
of the Republic of South Africa. Your continued use of the Website will constitute your consent
and submission to the jurisdiction of the South African courts regarding all proceedings,
transactions, applications or the like instituted by either party against the other, arising from any
of these Terms and Conditions.
19.2. In the event of any dispute arising between you and ChicForMe, you hereby consent to the nonexclusive
jurisdiction of the High Court of the Republic of South Africa (Western Cape Division,
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Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall
below the monetary jurisdiction of that court.
19.3. Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court,
tribunal or forum of competent jurisdiction in terms of the CPA.

20. NOTICES
20.1. ChicForMe hereby selects 6 B Bronnies Way Diep River, 7800 Cape Town, as its address for the
service of all formal notices and legal processes in connection with these Terms and Conditions
(“legal address”). ChicForMe may change this address from time to time by updating these Terms
and Conditions.
20.2. You hereby select the your physical address specified with your order as your legal address, but
you may change it to any other physical address by giving ChicForMe not less than 7 days’ notice
in writing.
20.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in
English. All notices sent –
20.3.1. by hand will be deemed to have been received on the date of delivery;
20.3.2. by prepaid registered post, will be deemed to have been received 10 days after the
date of posting;
20.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on
the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on
a day which is not a business day will be deemed to have been received on the following
business day; and
20.3.4. by email will be deemed to have been received on the date of dispatch and at the time
recorded by the computer used by the sender (unless the contrary is proven).

21. INFORMATION
21.1. For the purposes of the ECT Act, ChicForMe’s information is as follows, which should be read in
conjunction with its product descriptions and other terms and conditions contained on the
Website:
21.1.1. Full name: Angeline Winifred Smith trading as CHIC FOR ME
21.1.2. Main business: Online retailer
21.1.3. Physical address for receipt of legal service (also postal and street address): 6B
Bronnies Way, Diep River, 7800, Cape Town
21.1.4. Office bearers: Angeline Smith
21.1.5. Phone number: 083 233 1277
21.1.6. Email address: angeline@ChicForMe.com
21.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to
Information Act 2000 may be downloaded from here.

22. GENERAL
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22.1. ChicForMe may, in its sole discretion, at any time and for any reason and without prior written
notice, suspend or terminate the operation of the Website or the user’s right to use the Website
or any of its contents subject to us processing any orders then already made by you.
22.2. Any failure on the part of you or ChicForMe to enforce any right in terms hereof shall not constitute
a waiver of that right.
22.3. You may not cede, assign or otherwise transfer your rights and obligations in terms of these
Terms and Conditions to any third party.
22.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions
will remain in full force and effect.
22.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show
grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the
grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of
its rights against the grantee which may have arisen in the past or which might arise in the future.
22.6. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions by you will
be of any force or effect unless in writing and accepted by us.
22.7. These Terms and Conditions contain the whole agreement between you and ChicForMe and no
other warranty or undertaking is valid between the parties, unless contained in this document.