Set out hereunder are the terms and conditions according to which you (“the Customer”) will be making use of this Website and the services offered by My Wedding Gifts Registry (“the Service Provider”):-

1. The Customer accepts the applicability of and to be bound by these terms and conditions upon the Customer electing to engage any of the services of the Service Provider, as offered on the Website;

2. The use of the Website and the services offered thereon shall at all times be subject to the Electronic Communications and Transactions Act No. 25 of 2002, as amended from time to time (“the ECT Act”) and the Customer accepts responsibility for ensuring that the Customer is familiar with the ECT Act, its provisions and implications and obtains such legal advice as the Customer may require in respect thereof. The ECT Act may be accessed electronically on http://www.internet.org.za/ect_act.html and the Customer is encouraged to access and read the ECT Act as well as obtain any required legal advice in respect thereof;

3. The use of the Website, the services offered in terms thereof by the Service Provider and/or any payment facilities incidental thereto shall be at the Customer’s own risk at all times. The Service Provider shall have no liability of any nature and howsoever arising and shall not be liable for any damages, whether direct, consequential or otherwise, which the Customer may suffer in using the Website, the services offered in terms thereof, or the payment facilities incidental thereto;

4. In offering the services referred to in the Website, as amended from time to time, the Service Provider makes no warranties, undertakings or representations as to the services offered, the consequences which the use of the Website or the services may have or in regard to the payment facilities to be utilised in obtaining the services and the safety or confidentiality thereof, of whatsoever nature.

5. The user of the Website hereby acknowledges that the payment facilities offered on the Website are sub-contracted to third parties who are facilitating the transaction to be entered into between the Service Provider and the customer of the Website, but who are not representing, binding or acting as agents for the Service Provider in any way;

6. The Service Provider reserves the right to withdraw from the rendering of any service offered to and accepted by the Customer at any time and to cancel any transaction concluded with the Customer should it reasonably suspect or conclude that the wedding or event will not be taking place or does not constitute a bona fide wedding, or should the Service Provider in its sole and absolute discretion determine that any fact or circumstance which has come to the attention of its members, managers or agents would result in a misrepresentation being made to the customer of the Website or to any other party, or would result in the commission of a criminal offence or would result in unethical or morally unacceptable conduct. In such event, all and any monies paid to the Service Provider shall be refunded to the third parties who have paid same, after deduction of an administration fee equal to 8% [10% for countries outside South Africa](eight percent) of each payment received and which fee the Customer agrees shall constitute liquidated damages suffered by the Service Provider as a result of the cancellation. Value Added Tax at 14% (fourteen percent) shall, in addition, be payable in respect of the administration fee aforesaid;

7. The Customer shall be charged 8% (eight percent) of the total value of gifts pledged by guests who make use of the Website before the wedding or event, or the sum of R500,00 (five hundred rand), whichever is greater, in respect of the services offered by the Service Provider in terms hereof.
   
   For all countries outside South Africa a straight 10% admin fee appliesin respect of the services offered by the Service Provider in terms hereof.
   
   If the Value Added Tax at 14% (fourteen percent) shall be added to the fee due in terms hereof;

8. All amounts due to the Service Provider shall be a first charge against the payments received from the guests making use of the services offered on the Website. The net amount received by the Service Provider from time to time, after deduction of all fees and charges referred to above, shall be paid to the Customer at such intervals as may be agreed in writing between the Service Provider and the Customer at the time when the services of the Service Provider are enjoyed by means of the use of the Website.

9. Any information on the Website which you may download and/or copy and/or print for your own use, shall be used by you only for the purpose of assisting you in using the Website and shall not be copied, used for any commercial purpose or publicised or distributed by you in any way. All and any trade marks, data or information contained on the Website shall remain the sole and exclusive property of the Service Provider and shall not be utilised by the customer of the Website in any way other than as contemplated by the Website or for any dealings other than transacting with the Service Provider;

10. All of the dealings between the Service Provider and the Customer of the Website shall remain confidential as between them and neither of them shall disclose, distribute or use such information in any manner other than for the purpose of implementing the intended transaction relating to the wedding or event planned in accordance with the procedure set out in the Website;

11. The Service Provider shall employ virus filtering but does not provide any guarantees or warranties that the electronic communications between the customer of the Website and the Service Provider will be virus free. All communication which is effected in order to transact or implement any transaction as contemplated on the Website shall be at the customer’s own risk;

12. The use of the Website, the conclusion of any transaction pursuant to such use and the exercising of all and any rights which either party may have in respect thereof shall be subject to the laws of the Republic of South Africa and both the Service Provider and the Customer consent to the non-exclusive jurisdiction of the High Court, Witwatersrand Local Division, for all and any legal actions or claims which may arise from the use of the Website and/or in relation to any transaction concluded pursuant thereto;

13. The Service Provider reserves the right to amend these terms and conditions from time to time and it is the sole responsibility of the Customer to ensure that these terms and conditions are checked each time before entering into a transaction as contemplated on the Website;

14. In the event of the Service Provider having to take legal action to enforce any of its rights against the Customer, the Customer shall be liable for all and any legal costs incurred by the Service Provider, on the attorney and own client scale;

15. In compliance with Section 43(1) of the ECT Act, the Service Provider hereby provides the following relevant details:-
    

    1. Full name and legal status:-
    2. Physical address and telephone number:-
    3. Website address and email address:-
    4. Membership of any self-regulatory or accreditation bodies and contact details of such bodies:- N/A
    5. Any code of conduct to which the Service Provider subscribes:- ECT Act:- N/A
    6. Registration Number –
       Names of members –
       Place of registration –
    7. Physical address where the Service Provider will receive legal service of documents and notices:-
    8. Description of goods or services offered:-
    9. Full price of the goods or services:- (See Schedule of Fees annexed hereto)
    10. Manner of payment:-
    11. Terms of Agreement governing transactions:- (See clause … above)
    12. Time within which goods will be despatched or delivered or within which the services will be rendered:- A Period ranging from 7 (seven) days before any wedding or event to the day before such event;
    13. Manner and period within which the customer may access and maintain a full record of the transaction:-
    14. Return, Exchange and Refund Policy: If the e-commerce transaction is cancelled due to a sound explanation from the cardholder, a cancellation fee of 8% [10% for countries outside South Africa] of the original ZAR amount will be deducted and within 7 days the cardholder will be refunded. Cardholder must provide proof of the debit against their credit card, by sending MyWeddingGifts a copy of their card statement. Should proof not be provided MyWeddingGifts reserves the right to withhold payment until such time as proof is provided.
    15. Any alternative dispute resolution code to which the Service Provider subscribes:- N/A
    16. Security procedures and privacy of the supply in respect of payment, payment information and personal information:- no guarantee is given as to privacy.
    17. Minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently:- N/A
    18. Rights of the customer in terms of Section 44 of the ECT Act:- The customer’s attention is drawn to the provisions of Section 44 of the ECT Act and, in particular, the right to cancel this agreement without penalty if such cancellation is effected in writing within 7(seven) days of the conclusion hereof.

16. You are hereby advised that, in terms of Section 86 of the ECT Act, it is a criminal offence to gain unauthorised access to any restricted areas of this Website or to otherwise interfere with the proper functioning of this Website.
    
    
17. If you are a guest of the couple arranging the wedding or event, kindly note that these terms and conditions apply also to yourself in relation to your dealings with the Service Provider and by your use of the Website, you acknowledge yourself to be aware of and bound to all terms and conditions set out above.