Terms and Conditions
KREAME LIFESTYLE INDUSTRY (Pty) ltd
TERMS AND CONDITIONS
HOSPITALITY AND EVENTS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.
PLEASE ALSO NOTE THAT OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY OR OUR LIABILITY TO YOU OR CONSTITUTE ACKNOWLEDGMENT OF FACTS BY YOU.
SOME OF THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS AND YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO COVER LOSSES THAT YOU MAY INCUR IN CONNECTION WITH THE USE OF OUR SERVICES.
WHERE YOU ARE MAKING ANY PURCHASES ON BEHALF OF 10 PERSONS OR MORE (HEREINAFTER REFERRED TO AS “GROUP BOOKING/S”), SPECIFIC PROVISIONS APPLY AND YOU ARE REQUIRED TO DRAW THESE TERMS AND CONDITIONS TO THE ATTENTION OF EACH SUCH PERSON.
WHERE YOU ARE MAKING ANY PURCHASES FOR SERVICES OR GOODS OF A THIRD PARTY, PLEASE NOTE THAT THESE ARE OPERATED INDEPENDENTLY OF KREAME AND KREAME DOES NOT ENDORSE THAT THIRD PARTY OR ITS EVENT, DOES NOT CONTROL OR DETERMINE DELIVERY, PRICES, AVAILABILITY OF SUCH THIRD PARTY’S OFFERING AND THOSE SERVICES AND GOODS WOULD BE SUBJECT ALSO TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY. YOU ARE REQUIRED TO FAMILARIZE YOURSELF WITH SUCH TERMS AND CONDITIONS AND TO CONTACT THE RELEVANT THIRD PARTY IF YOU ARE DISSATISFIED WITH SUCH THIRD PARTY’S PERFORMANCE OR DELIVERY.
IT IS PARTICULARLY IMPORTANT TO PAY ATTENTION TO OUR CANCELLATION AND REFUND POLICIES AND THOSE OFTHIRD PARTIES REFERRED TO ABOVE SINCE IN CERTAIN INSTANCES, INCLUDING BUT NOT LIMITED TO EVENTS OR BOOKINGS WHICH TAKE PLACE OUTSIDE OF SOUTH AFRICA, NO REFUNDS MAY BE PAYABLE AND/OR CANCELLATION PENALTIES MAY APPLY.
WE MAY UPDATE OUR TERMS AND CONDITIONS FROM TIME TO TIME AND IN THE EVENT THAT WE DO SO, THE UPDATED/REVISED TERMS AND CONDITIONS WILL BE PUBLISHED ON OUR WEBSITE.
In this Schedule –
1.1. “Agreement” means the Invoice and these Terms and Conditions;
1.2. “Appointed Sub-contractors” shall means those third-party suppliers appointed by Kreame in respect of the Service, or part thereof, in accordance with clause 6.2;
1.3. “Attendees” means any person attending all or part of the Event for which the Service is being provided;
1.4. “Client” means the party described as such in the Invoice, which may be an individual or an incorporated entity and any reference to “you”, “your” and “yourself” herein shall have a corresponding meaning to “Client” as reflected on the Invoice;
1.5. “Commencement Date” has the meaning ascribed thereto in clause 2.1;
1.6. “Event” means the occasion for which the Service is required;
1.7. “Fee” means the Fee to be charged by Kreame as set out in the Invoice;
1.8. “Force Majeure” means any circumstance beyond the control of Kreame including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs, or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power, non-performance or delays by suppliers or materials shortages;
1.9. “Invoice” means the Invoice issued to the Client in respect of the Service to be rendered by Kreame;
1.10. “Kreame” means Kreame Lifestyle Industry (Pty) Limited, the party described as such in the Invoice and being the provider of the Service and “we, “us” and “our” shall have a corresponding meaning;
1.11. “Service” means the service as provided by Kreame and/or its Appointed Sub-contractors as set out in the Invoice;
1.12. “Terms and Conditions” means the terms and conditions set out in this document.
2. Offer and Acceptance
2.1. The acceptance by the Client of the Invoice, (“the Commencement Date”) shall constitute an agreement by the Client to purchase the Service in accordance with these Terms and Conditions.
2.2. The Client is responsible for ensuring the accuracy of all of the information in the Invoice.
2.3. In certain instances we act as an agent for providers, promoters and/or organizers of Events (“Event Organizers”). We may for instance, sell tickets to you for an event. Please note that each tickets that you purchase is subject these Terms and Conditions as well as the Event Organizer’s terms and conditions and applicable rules to a particular event. You must familiarize yourself with terms prior to making any booking or purchases through our services. In the event that you wish to obtain such terms and conditions, you are required to address an email to us at email@example.com, with the details of your request.
2.4. The Client’s standard terms and conditions (if any) shall not govern the Agreement and these Terms and Conditions shall prevail to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing or otherwise.
3. Service – “Events by Kreame” (which refers to events organized and hosted by Kreame for a Client)
3.1. Subject to clause 12.5, Kreame shall use reasonable endeavours to supply the Service from the Commencement Date. Depending on the nature of the Service to be provided to you, as set out on the Invoice, the Service shall be directed by the event manager or such other suitably qualified person appointed by Kreame.
3.2. Kreame shall be entitled but not obliged to make changes to the Service which are necessary to comply with any applicable laws or safety requirements.
3.3. Kreame shall provide administrative assistance with the management of the Event budget. However, notwithstanding the aforegoing, the Client shall be solely responsible for the overall management of the budget associated with the Event and shall be solely responsible for any loss incurred.
3.4. The Client may, from time to time, request Kreame in writing, whether via email or otherwise, to provide services in addition or to increase the services set out in the Invoice (“Additional Services”). Upon receipt of such a request/s Kreame will confirm to the Client in writing whether it will provide such Additional Services and if so, what terms will apply to the Additional Services and the cost in relation thereto (“Additional Services Terms”).
3.5. Upon receipt by Kreame of the Client’s written confirmation of the Additional Services Terms, Kreame will commence with supplying the Additional Services and the terms of these Terms and Conditions shall similarly apply to such Additional Services, save for where there is a conflict between the provisions of these Terms and Conditions and the provisions of the Additional Services Terms, in which case the Additional Services Terms shall prevail to the extent of the conflict.
3.6. In the event that the Service includes the sale of tickets and the Client wishes to resell or use the tickets for promotional purposes, then the Client will be obliged to obtain Kreame’s prior written approval to do so. All Terms and Conditions relating to the sale of tickets as set out herein shall be applicable.
4. Client’s obligations
The Client shall:
4.1. co-operate with Kreame in all matters relating to the Service;
4.2. provide, in a timely manner, such data and other information as Kreame may require for the provision of the Service, and ensure that it is accurate in all respects;
4.3. not use the names, logos or any details of Kreame other than in relation to the Event.
4.4. in the event of the Services including the hosting of an Event, comply with all health and safety requirements in terms of the applicable legislation, and in particular the Occupational Health and Safety Act, 1993 (the “Act”). Without limiting from the generality of the aforesaid, the Client shall have in place dedicated policies, procedures, management systems and all plans that ensure that appropriate health, safety, security and environmental standards in line with the requirements of the Act;
4.5. ensure that in relation to the Services and/or bookings made that he/she has obtained all necessary travel (both local and international) documents, visas, travel insurance and ensure that he/she complies with all other requirements, which shall be the sole responsibility of the Client and any other party on whose behalf the Client has made a booking through Kreame. Should you fail to arrive at allocated times for bookings or scheduled departures, Kreame cannot accept any responsibility for any losses, forfeitures as a result thereof and you shall not be entitled to any refunds.
4.6. Familiarize him/herself with all terms and conditions of bookings made through third parties, including in respect of events, accommodation, restaurants and other activities.
4.7. ensure that he/she arrives on time for all bookings; and
4.8. in all respects comply with the Agreement.
4.9. Where the Client is not an incorporated entity and/or where the Client has made a Group Booking or purchased tickets on behalf of other persons, the Client shall be obliged to ensure that those persons are made aware of these Terms and Conditions. Kreame shall not be responsible for any losses occasioned by the Client’s failure to do so. Clause 12 provides for an indemnity by the Client in respect of any such third parties for whom it purchases tickets.
5.1. In consideration for the Service, the Client shall pay the Fee to Kreame (together with any Value Added Tax applicable).
5.2. Kreame shall be entitled to adjust the Fee if any additional services are requested by the Client after the Commencement Date as referred to in clause 3.5.
5.3. Kreame shall not be obliged to provide any services other than the Service. Where bookings have been made to third party activities such as restaurants etc, the Client shall be liable for payment thereof directly to such third party.
5.4. In respect of bookings with third parties and/or for international events, Kreame cannot control or determine delivery or prices and the Client cannot hold Kreame responsible for any changes or inaccuracies and the Client shall be liable for any changes in prices, exchange rate fluctuations or unavailability which may occur which is not due to Kreame.
5.5. Should the Client request Kreame to assist it with obtaining or putting into place any of the items listed in clause 4.4 and/ r any other charges not specifically included in the Invoice, such charges will be for the account of the Client, payable on presentation by Kreame to the Client of an invoice.
6. Additional Charges and Payments to Third Parties
6.1. The Fee is a service and management charge and expressly excludes any ancillary expenses reasonably and properly incurred by Kreame in connection with the Service.
6.2. If Kreame requires to sub-contract the provision of any part of the Service to Appointed Sub-contractors, it shall issue a written confirmation to the Client for the Client’s approval and Kreame shall have the right, acting as an agent of the Client, to bind the Client contractually to all approved sub-contractors.
6.3. Kreame shall not be liable to any third-party suppliers for payment, which charges shall be solely for the account of the Client.
6.4. IF FOR ANY REASON, THE EVENT IS CANCELLED OR POSTPONED, IN ADDITION TO THE CANCELLATION PAYABLE TO KREAME AS STIPULATED IN THESE TERMS AND CONDITIONS, THE CLIENT SHALL BE LIABLE FOR ALL PAYMENTS MADE OR DUE TO THIRD PARTIES UNDER THE TERMS OF THIS AGREEMENT AND SHALL INDEMNIFY KREAME IN RELATION TO THE SAME, PROVIDED THAT KREAME USES REASONABLE ENDEAVOURS TO MITIGATE ANY SUCH COSTS.
7.1. The Invoice may provide for a deposit which if applicable shall be payable upon the date as stipulated. Should the Invoice not specify a deposit, the Client shall in respect of an Event be liable for a deposit of 50% (fifty percent), payable on the Commencement Date.
7.2. The Client shall make all payments due under the Agreement on the dates and in the amounts as stipulated.
7.3. If the Client fails to pay any amount due under the Agreement on the due date, Kreame may, without derogating from the generality of its remedies, charge interest at an annual rate of 3% above the prime rate for the time being of its bankers for the period from the due date up to and including the date of receipt.
7.4. The Client shall notify Kreame of any disputed amounts immediately and the Client shall pay the undisputed amount on the due date thereof; the disputed amount alone may be withheld until the dispute is resolved.
7.5. All payments by the Client to Kreame shall be made without deduction or set off and free of bank charges or exchange and of immediately available funds.
8. Cancellation by Kreame
8.1. Kreame shall be entitled, but not obliged, to cancel the Service (or any part thereof) if:
8.1.1. the Client breaches any of its duties or obligations under the Agreement;
8.1.2. in the sole discretion of Kreame, the Client has requested a material change of the Agreement or Service;
8.1.3. an administrator is appointed to the Client or in the event of the liquidation or receivership of the Client;
8.1.4. Kreame is not satisfied with the Client’s credit status;
8.1.5. in the sole discretion of Kreame, the Event might prejudice the reputation of Kreame; or
8.1.6. Kreame is requested to cancel the Event by order of any government or other public authority.
8.2. On termination of the Agreement for any reason and without derogating from the generality of Kreame’s rights and remedies (including its right to claim its damages to the extent that such damages exceed the cancellation charges), the Client shall immediately pay to Kreame all of Kreame’s cancellation charges as set out in clause 9 of these Terms and Conditions, less any amounts already paid, which the Client accepts as being reasonable cancellation charges for work done by, and liquidated damages of Kreame.
8.3. Where the Service includes the purchase of any tickets by Client, such tickets are unless otherwise agreed by Kreame in writing, non-transferable and clause 9 shall apply in respect of the cancellation charges in respect of tickets.
9. Cancellation by Client
Should the Client cancel an “Event by Kreame” for any reason whatsoever:
9.1. More than 120 (one hundred and twenty) days prior to the Event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for 50% (fifty percent) of the purchase price stipulated on the Invoice and Kreame shall be entitled to retain such amount and refund the balance, if any, to the Client.
9.2. More than 90 (ninety) days prior but less than 120 (one hundred and twenty days) to the Event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for 75% (seventy five percent) of the purchase price stipulated on the Invoice and Kreame shall be entitled to retain such amount and refund the balance, if any, to the Client.
9.3. Less than 90 (ninety) days prior to the Event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for the full purchase price stipulated on the Invoice and Kreame shall be entitled to retain such amount.
9.4. The amounts referred to in clauses 9.1 to 9.3 constitute reasonable cancellation penalties in respect of the cancelled Event by Kreame,that has been cancelled by the Client. Should the Client wish to cancel and return an issued ticket/s purchased via Kreame (whether for him/herself or on behalf of other persons), the following terms will apply:-
9.5. A Client may cancel and return an issued ticket at any time prior to the scheduled date of the event. Kreame will refund the face value paid subject to its right to charge reasonable cancellation charges as follows:.
If cancelled 30 or more days before the event: 15% cancellation charge;
If cancelled less than 30 but more than 7 days: 50% cancellation charge; and
If 7 or less before event: 100% cancellation charge. Where a “Group Booking” has been made, a Client and/or an individual who was part of that Group Booking may cancel and return an issued ticket at any time prior to the scheduled date of the event. Kreame will refund the face value paid subject to its right to charge reasonable cancellation charges as follows:- .
If cancelled 30 or more days before the event: 40% cancellation charge;
If cancelled less than 30 but more than 7 days: 75% cancellation charge; and
If 7 days or less before event: 100% cancellation charge.
9.6. Notwithstanding the above, it may be that certain third parties tickets, in particular those outside of South Africa, have non-refundable tickets. It is for this reason that you are required to familiarize yourself with the terms and conditions of such third parties.
9.7. Notwithstanding the above, if it can be shown through substantiated documentary proof that a person will not be able to attend the event due to his/her death or hospitalization, then no cancellation fee will apply.
9.10. The Client accepts that the cancellation charges set out in this clause 9 are a reasonable penalty and to liquidated damages of Kreame, without derogating from any rights Kreame may have in law.
10. Intellectual Property Rights
10.1. As between the Client and Kreame, all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by Kreame. In addition to the provisions of clause 10.1, all intellectual property rights, including that of copyright, in respect of any ideas and/or concepts presented by Kreame to the Client in respect of potential Services are the exclusive property of Kreame.
10.2. Any intellectual property rights developed prior to or out of the scope of the Agreement shall remain the property of the party that introduced the same and such party shall grant to the other party, a non-exclusive, royalty free licence to use the same for the purpose of fulfilling their obligations under the Agreement.
10.3. If the Client provides any logos, trademarks, copyright or any materials (“Client IP”) to Kreame for the purpose of delivering the Service, Kreame shall have a licence to use the intellectual property rights in any such Client IP for the purpose of delivering the Service only.
10.4. The Client warrants that it has sufficient rights in Client IP to licence it to Kreame under the Agreement and shall indemnity Kreame against any and all loss incurred as a result of the use of such Client IP.
11.1. The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by Kreame, its employees, agents, consultants or subcontractors and any other confidential information concerning Kreame’ business or its products which the Client may obtain.
11.2. The Client may disclose such information:
11.2.1. to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this Schedule; and
11.2.2. as may be required by law, court order or any governmental or regulatory authority.
11.3. The Client shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause 11.
11.4. The Client shall not use any such information for any purpose other than to perform its obligations under the Agreement.
12.1. THE ENTIRE LIABILITY OF KREAME IN CONNECTION WITH THE AGREEMENT, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, IS LIMITED TO AN AMOUNT EQUAL TO THE FEE.
12.2. SUBJECT TO CLAUSE 12.1, THE LIABILITY OF KREAME IN CONNECTION WITH THE AGREEMENT, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, SHALL NOT EXTEND TO ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, OR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR OPPORTUNITY, WHETHER DIRECT OR INDIRECT, EVEN IF THE CLIENT HAS ADVISED KREAME OF THE POSSIBILITY OF THOSE LOSSES, OR IF THEY WERE WITHIN KREAME’S CONTEMPLATION.
12.3. THE CLIENT SHALL INDEMNIFY, KEEP INDEMNIFIED AND HOLD KREAME HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES AND COSTS (INCLUDING PROFESSIONAL FEES) WHICH MAY BE BROUGHT AGAINST OR INCURRED OR SUFFERED BY KREAME, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE SERVICE WHICH ARISE AS A RESULT OF OR DUE TO THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE CLIENT, ITS EMPLOYEES OR AGENTS OR OTHERS WHOM IT IS RESPONSIBLE, OR ANY ATTENDEES.
12.4. THE CLIENT SHALL INDEMNIFY, KEEP INDEMNIFIED AND HOLD KREAME HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES AND COSTS (INCLUDING PROFESSIONAL FEES) WHICH MAY BE BROUGHT AGAINST OR INCURRED OR SUFFERED BY THE CLIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE CLIENT (AND ITS REPRESENTATIVES) FAILING TO COMPLY WITH ANY OF ITS OBLIGATIONS SET OUT IN CLAUSE 4 AND CLAUSE 5.
12.5. THE CLIENT SHALL INDEMNIFY, KEEP INDEMNIFIED AND HOLD KREAME HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES AND COSTS (INCLUDING PROFESSIONAL FEES) WHICH MAY BE BROUGHT AGAINST OR INCURRED OR SUFFERED BY ANY INDIVIDUALS OR THIRD PARTIES,INCLUING ITS EMPLOYEES IN CONNECTION WITH THE CLIENT (AND ITS REPRESENTATIVES) FAILING TO BRINGING THESE TERMS AND CONDITIONS TO THE ATTENTION OF SUCH INDIVIDUALS AND/OR THIRD PARTIES, IN PARTICULAR, WITHOUT LIMITATION, THE CANCELLATION TERMS SET OUT IN CLAUSE 9 ABOVE.
12.6. KREAME SHALL NOT BE LIABLE TO THE CLIENT AND/OR THE ATTENDEES FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF THEIR ATTENDANCE AT THE EVENT, EVEN IF ANY SUCH LIABILITY IS INCURRED AT A LOCATION WHICH KREAME HAS ORGANISED AS ALTERNATIVE VENUE FOR DELIVERY OF THE EVENT AND/OR ORGANISED AS PART OF THE RELEVANT SOCIAL PROGRAMME AS PART OF THE DELIVERY OF THE SERVICE AS SPECIFIED ABOVE.
12.7. IN THE EVENT THAT KREAME MAKES USE OF APPOINTED SUB-CONTRACTORS AS SET OUT IN THE INVOICE TO RENDER THE SERVICE OR ANY PART THEREOF, KREAME WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE SUSTAINED BY THE CLIENT DUE TO THE FAILURE OF SUCH APPOINTED SUB-CONTRACTORS TO RENDER THE SERVICE OR ANY PART THEREOF.
12.8. KREAME GIVES NOTICE THAT ALL ARRANGEMENTS FOR TRANSPORT AND CONVEYANCE, OR FOR ANY OTHER SERVICE, ARE MADE BY KREAME, UPON THE EXPRESS CONDITION THAT KREAME SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE, LOSS, ACCIDENT, DELAY OR IRREGULARITY HOWSOEVER CAUSED WHICH MIGHT OCCUR DUE TO THE ACT, OMISSION FAULT OR NEGLIGENCE OF ANY SUPPLIERS OR SUBCONTRACTORS ENGAGED IN CARRYING OUT CONTRACTED ARRANGEMENTS FOR THE CLIENT.
12.9. THE CLIENT SHALL EFFECT AND MAINTAIN ADEQUATE INSURANCE COVER (INCLUDING PROFESSIONAL INDEMNITY INSURANCE AND EVENT AND PUBLIC LIABILITY INSURANCE) TO COVER ALL LIABILITIES UNDER THE AGREEMENT, WITH A REPUTABLE INSURER AND SHALL, ON KREAME’S REQUEST, PRODUCE BOTH THE INSURANCE CERTIFICATE GIVING DETAILS OF COVER AND THE RECEIPT FOR THE CURRENT YEAR’S PREMIUM IN RESPECT OF EACH INSURANCE. SHOULD KREAME BE DISSATISFIED WITH THE INSURER, THE CLIENT SHALL ON REQUEST OBTAIN INSURANCE FROM AN INSURER APPROVED BY KREAME.
WHERE THE CLIENT HAS BOOKED AN EVENT AND THAT EVENT INCLUDES AN ADDITIONAL ATTRACTION (SUCH AS HORSE RACING, POLO, ETC). AND THE ADDITIONAL ATTRACTION BECOMES NO LONGER VIABLE (FOR ANY REASON WHATSOEVER) BUT THE EVENT NEVERTHELESS CONTINUES TO BE HELD, KREAME SHALL NOT IN ANY WAY BE OBLIGED TO REFUND ANY AMOUNTS PAID TO THE CLIENT AND THE CLIENT SHALL HAVE NO CLAIM AGAINST KREAME WHATSOEVER, HOWSOEVER ARISING.
13.1. Kreame shall not be liable to the other of loss or damages arising from prevention or delay in performance of the Agreement where same is a result of Force Majeure.
13.2. If Kreame is prevented or hindered from hosting the Event by a Force Majeure event, Kreame may, in its sole discretion and without being obliged to do so and without being liable for any loss or damage suffered by the Client or Attendees, relocate the event to another location or terminate the Agreement forthwith by giving notice to that effect to the Client.
13.3. Each and every provision in the Agreement shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of the Agreement is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of the Agreement, which shall remain in force and effect.
13.4. No variation or alteration of any of these the Agreement (whether the Cover Page or this Schedule 1) shall be effective unless it is in writing and signed by or on behalf of each Party.
13.5. The relationship of the Parties, inter se, shall be governed by the terms of the Agreement and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement or the like between them nor to constitute one Party being the agent of the other(s) for any purpose.
13.6. Save as provided for herein, should any dispute, disagreement or claim arise between the Parties (“the dispute”) concerning the Agreement, its termination and/or cancellation and/or rectification, the Parties shall resolve the dispute by submitting the same to final arbitration for resolution in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA utilising such expedited proceedings as may be available in terms of such rules. Notwithstanding anything to the contrary contained in this clause 13.6, either Party shall be entitled to apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.
13.7. The Client shall not cede, assign, transfer, make over or encumber any of its rights or obligations under the Agreement without the prior obtained written consent of Kreame.
13.8. Kreame shall be entitled to sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under and in terms of the Agreement to any other company/ies in under the same ownership or control (being the ability to exercise control, whether by the exercise of voting rights or otherwise) as Kreame, without the prior consent of Client.
13.9. Each of the Parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from the Agreement at their respective addresses set out in the Cover Page.
13.10. Termination of the Agreement for any cause whatsoever shall not release either Party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
13.11. Save for any variations to the Service agreed upon between the Parties in writing as referred to in clause 3.5, this Agreement contains the entire agreement between the Parties and neither Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
13.12. No indulgence, leniency or extension of time which any Party (“the grantor”) may grant or show to the other shall operate as an estoppel or in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future.
13.13. The Agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa.
13.14. Each of the Parties acknowledges and agrees that by entering into the Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement as a warranty or representation. The only remedy available to it for breach of such warranties or representations shall be for breach of contract under the terms of the Agreement.