Last revised on 23 November 2019
Rotally (Pty) Ltd, (2018/514705/07)
By accessing or using www.rotally.com or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Rotally (Pty) Ltd. (reg: 2018/514705/07) (“Rotally”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Rotally.
Please see Rotally’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please read these terms carefully before accessing or using the Website and/or Services. Rotally will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
- The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Rotally Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Rotally or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 23/11/2019.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. Rotally provides an online platform which, amongst other services (“Services”), operates as an online classifieds for the Hospitality industry in South Africa, allowing users to search for and apply for job postings and advertisements detailing various available jobs available in the South African Hospitality industry (“Ads”) made available on the Website by independent third-party restaurant owners, food & beverage service providers, suppliers and second-hand goods traders (and/or their authorised representatives) who wish to fill their available positions (“Ad Publishers”). Users can search through these advertisements on the Website and engage the relevant Ad Publisher privately to acquire the job listed, which employment or engagement is entirely the private engagement between the relevant users, and has nothing further to do with Rotally.
1.2. Depending on the exact Rotally Services used on the Website, users may need to pay a fee to Rotally, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
1.3. These Terms explain the conditions applicable to all users, including Ad Publishers, using the Website and/or the Rotally Services.
1.4. In order to use many of the Rotally Services and/or become an Ad Publisher, users may have to register on the Website using the prompted methods, and submit any required information to create a “Profile” – more information about this below.
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Rotally uploading the amended Terms to the Website. Your continued access or use of the Website and/or Rotally Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Rotally Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Rotally Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Rotally Services.
1.7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1. ROTALLY PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER, NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE ROTALLY SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH ROTALLY HOLDS NO RESPONSIBILITY.
2.2. All users understand and expressly agree that an Ad Publisher is at all times an independent service provider, and is not an employee, partner nor agent of Rotally’s in any regard. As such, all Ad Publisher-related issues or Ads features are exclusively the liability of the Ad Publisher, and not of Rotally. Rotally may assist the users in engaging, via the Website, but the Ad Publisher is always responsible and liable for any and all of their Ads offered.
2.3. If an Ad Publisher is engaged by a user in a formal relationship subsequent to their use of the Website and Rotally Services, these parties do so entirely at their own risk and via private arrangement.
2.4. Although Rotally carefully curates Ad Publisher, Ads and/or user Profiles placed on the Website, Rotally is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
2.5. Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by Ad Publishers and/or users via the Website. Rotally does not in any way verify nor confirm the adherence by same Ad Publishers and/or users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the Ad Publisher Ads or information from any such regulated user.
3. USING THE WEBSITE AND USER REGISTRATION PROCESS
3.1. In order to browse Ads and use many of the Website’s features and/or Services, users do not have to register with Rotally. However, in some circumstances, such as when becoming an Ad Publisher on the Website, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each applicable registered user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. Rotally requires you to submit your full name and email address, when registering a Profile. Ad Publishers may then setup additional features of their Profile, including adding their Ads, restaurant/company name and/or other Ad Publisher information, which setup may require further information to be submitted, as prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity when accessing your Profile or certain features of the Website by requesting that you setup a password and username, which will be verified via a confirmation email sent to your listed email address. To view or change your personal information provided, you can log in to the edit profile details via the ”My Account” portal.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Rotally using this information to facilitate a connection between you and another user.
3.7. Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information.
4. THE SERVICES – PROFILES, SERVICES AND FEES
4.1. In addition to registering a Profile on the Website, Ad Publishers can then apply to have their Ads made available on the Website, using the relevant prompts on the Website. Mere application as an Ad Publisher with Rotally does not guarantee that the Ad Publisher will indeed have their Ads made available on the Website. Same will be contingent on various factors, including the Ad Publisher’s successful adherence with this Agreement and the additional terms applicable to Ad Publishers specifically.
4.2. Registered users can also subscribe to category searches and receive alerts via email when those jobs are posted.
4.3. The Website and Rotally provides various online marketplace services, which amongst others, includes the following great offerings for both general users as well as Ad Publishers:
For General Users:
4.3.1. Users can search through the various Ads made available on the Website and make contact with the relevant Ad Publisher who placed the Job Ad, to then privately engage them on taking the advertised job.
For Ad Publishers:
4.3.2. Ad Publishers can make application to Rotally via the Website to have their Ads listed on the Website for general users to then search through.
4.3.3. The following are important requirements relating to Ads which will apply to any Ad Publisher making application for/advertising a Job Ad on the Website:
18.104.22.168. The Ad Publisher will provide Rotally, through their Profile registration process or otherwise as necessary, with all necessary information for the Ads provided to the Website, including relevant media, intellectual property, pictures, job description, qualifications required and their contact details;
22.214.171.124. The Ad Publisher does hereby allow, and grant to, Rotally a right to the Ad Publisher’s trade name and logo to be used only on the Website and/or by Rotally when advertising or describing the Ads on the Website or to other Ad Publishers and/or Website users; and
126.96.36.199. The Ad Publisher hereby explicitly consents to be contacted by third parties in response to Ads they post and as facilitated by Rotally and/or the Website.
4.4. Please consult our Website homepage for details of our applicable Services at any given time.
Fees owed by Ad Publishers:
4.5. In order to use the Services as a regular user, there is no fee.
4.6. However, Ad Publishers may need to pay a fee to Rotally in order to use the Services and have their Ads made available on the Website (“Fee”).
4.7. Any payment of a Fee by an Ad Publisher to Rotally will be facilitated by Rotally using the preferred payment method designated in your Ad Publisher’s Profile (such as credit card payments), after which Rotally will send you an invoice by email. If your primary Profile payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Rotally may use a secondary payment method in your Profile, if available.
4.8. Rotally is committed to providing secure online payment facilities. All transactions, as processed by our providers, are encrypted using secure socket layer technology (SSL) and stored with encryption.
4.9. You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment for any transaction conducted via the Services.
4.10. For further information on the current Rotally Services available generally or applicable to you, please contact email@example.com who will gladly assist.
4.11. To terminate your use of the Rotally Services or the Website, please see clause 15 below.
4.12. Rotally may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Rotally Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Rotally Services or the fees applied to you.
4.13. All amounts stated shall exclude Value Added Tax (“VAT”), and will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Rotally.
4.14. Rotally reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Rotally Services at any time in Rotally’s sole discretion. Rotally will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
5. USER RESPONSIBILITIES AND WARRANTIES
5.1 By using the Website and/or the Rotally Services, you warrant that:
5.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
5.1.2. you have not made any misrepresentations and the information provided in the registration process and/or in Ads is true, accurate and complete;
5.1.3 you expressly understand and agree to how Rotally is only a facilitating party for all users, and any liability stemming from any Ads lies exclusively with the relevant Ad Publisher, and not with Rotally;
5.1.4. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Rotally Services;
5.1.5. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Rotally’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
5.1.6. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
5.1.7. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Rotally is not liable at all for such payment of any such tax, duty or VAT on your behalf;
5.1.8. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
5.1.9 you will not use the Website platform for any commercial purpose other than as expressly provided for by Rotally and the Terms;
5.1.10. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
5.1.11. you will not facilitate or assist any third party to do any of the above,
failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
5.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
5.3. Without prejudice to any of Rotally’s other rights (whether at law or otherwise), Rotally reserves the right to deny you access to the Website or the Rotally Services where Rotally believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
5.4. Rotally does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
6. RECEIPT AND TRANSMISSION OF DATA MESSAGES
6.1. Data messages, including email messages, sent by you to Rotally will be considered to be received only when acknowledged or responded to.
6.2. Data messages sent by Rotally to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
6.3. Rotally and/or Ad Publishers reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
6.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Rotally is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Rotally and a user, or between users.
7. HYPERLINKS, DEEP LINKS, FRAMING
7.1 The Website will include links to other internet sites including the Ads (“the other sites“). Rotally does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Rotally endorsement, agreement on or support of the content or products of such target sites.
7.2. Rotally does not purport to own the content on the other sites which may be shown on the Website.
7.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Ad Publisher.
8. ADVERTISING AND SPONSORSHIP
8.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
8.2. Rotally, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
9. INTELLECTUAL PROPERTY PROTECTION
9.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Rotally in use of the Rotally Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Rotally, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
9.1.1. For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided Rotally with a non-exclusive, non-transferable licence to use such user intellectual property as Rotally deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
9.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Rotally first being granted, which consent may be refused at the discretion of Rotally. No modification of any intellectual property or editorial content or graphics is permitted.
9.3. Rotally reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
9.4. Where any of the Website intellectual property has been licensed to Rotally or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Rotally Services, all 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.
9.5. Subject to adherence to the Terms, Rotally grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Rotally.
9.6. Any enquiries regarding any of the above relating to intellectual property must be directed to Rotally at firstname.lastname@example.org.
10. PRIVACY AND PERSONAL INFORMATION POLICY
11. DISCLAIMERS AND WARRANTIES
11.1. The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Rotally makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user, the information contained on Ads and/or Website in any way.
11.2. All information or opinions of users made available on the Website in relation to any of the Rotally Services or Ads are those of the authors and not Rotally. While Rotally makes every reasonable effort to present such information accurately and reliably on the Website, Rotally does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website, in Ads or from another user.
11.3. Rotally, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Job Ad in any way.
11.4. Rotally, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Rotally Services, and access to, or use of, the Website in any manner.
11.5. Users from locations outside of South Africa, please note that Rotally complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Rotally from any liability it may acquire by virtue of its supply of the Website and/or Rotally Services.
11.6 Rotally takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Rotally does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
12.1. The user indemnifies and holds harmless Rotally, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.
12.2. The user agrees to indemnify, defend and hold Rotally harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Rotally Services or Ads and for breach of these Terms.
12.3. This clause will survive termination of this agreement.
13. COMPANY INFORMATION
13.1. Site/Domain owner: Rotally (Pty) Ltd.
13.2. Company type: PTY LTD.
13.3. Registration Number: 2018/514705/07
13.4. Director: Mandy Robinson
13.5. Description of main business: Online Marketplace and Software Provider
13.6. Telephone number: 061 508 2760
13.7. E-mail address: email@example.com
13.8. Website address: www.rotally.com
13.9. Physical address: 99 Kloof Nek Rd, 1 The Cotswolds, Tamboerskloof, Cape Town, Western Cape 8001
13.10. Postal address: 99 Kloof Nek Rd, 1 The Cotswolds, Tamboerskloof, Cape Town, Western Cape 8001
13.11. Registered address: 99 Kloof Nek Rd, 1 The Cotswolds, Tamboerskloof, Cape Town, Western Cape 8001
14. DISPUTE RESOLUTION AND GOVERNING LAW
14.1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
14.2. Should any dispute, disagreement or claim arise between a user and Rotally concerning use of the Website or the Rotally Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
14.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
14.4. Should the parties still fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation/mediation, then the dispute shall be decided by confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by Rotally.
14.5. Arbitration proceedings shall be conducted in Cape Town in English, with the costs thereof and for all dispute resolution proceedings, to be borne by both parties equally.
14.6. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court.
14.7. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
14.8. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
14.9. Users expressly understand and agree that any dispute they may have with an Ad Publisher relating to a Job Ad or their private engagement, is exclusively between the Ad Publisher and user, where Rotally is in no way involved nor liable.
15. TERMINATION OF USE OF WEBSITE OR SERVICES
15.1. IN ADDITION TO THE RIGHTS ABOVE, ROTALLY RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE ROTALLY SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT ROTALLY GIVES REASONABLE NOTICE TO YOU.
15.2. If you wish to terminate the agreement with Rotally, or end your use of the Rotally Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
15.3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Rotally Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Rotally.
15.4. In the event of termination of your agreement with the Terms and with Rotally, Rotally will remove you from the Website and delete your Profile.
16. NOTICES AND SERVICE ADDRESS
16.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
16.1.1. in the case of Rotally, at firstname.lastname@example.org; or
16.1.2. in the case of the user, at the email and addresses provided by the user to Rotally in the Profile registration process.
16.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
17.2. No indulgence, leniency or extension of time granted by Rotally shall constitute a waiver of any of Rotally’s rights under these Terms and, accordingly, Rotally shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
17.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
17.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
17.5. Should you have any complaints or queries, kindly address an email to email@example.com advising Rotally of same.
17.6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Rotally, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
17.7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
17.8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.7.