PRIVACY POLICY AND TERMS AND CONDITIONS. IF YOU, FOR ANY REASON, DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, PLEASE CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY. DATED: 21 AUGUST 2020.

IMPORTANT NOTICE

What follows is a summary for your convenience and does not form part of the agreement between You and Stork and Cradle. It is your responsibility to read the clauses referred to:

  • By accessing this Website or purchasing or using the Products, you are agreeing to these Terms.
  • If you do not agree to these Terms, do not use the Website, purchase or order Products (clause 2.2).
  • You give Stork and Cradle permission to use and process certain of your personal information (clause 16).
  • You limit Stork and Cradle’s liability and indemnify Stork and Cradle for various acts or omissions.
  • In particular, you agree that we are not liable for any loss you may suffer due to your use of this Website or the Products (clause 17).
  1. Definitions: The following words and phrases have these meanings in this document:
    1. “Stork and Cradle” means Stork and Cradle (Pty) Ltd with registration number 2020/604126/07 with its Registered address at Turfhall Estate, Ottery, Cape Town.
    2. “Personal Information” is as defined in POPI.
    3. “POPI” means the Protection of Personal Information Act 4 of 2013.
    4. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
    5. “Website” means Internet World Wide website at http://www.storkandcradle.co.za/ (including subdomains).
    6. “You” or the “user” means any person who registers to use or accesses this Website for any purpose.
  1. Status and Variation
    1. Stork and Cradle respect and recognises the importance of protecting your privacy. This Privacy Policy statement sets out Stork and Cradle’s information gathering and dissemination practices in respect of the Website.
    2. This Privacy Policy acts as the Terms and Conditions of Use of this Website. If you do not agree with this Policy, then you may not use this Website and you are required to cease using it immediately.
    3. Stork and Cradle reserve the right to amend the terms and conditions of this Privacy Policy at any time. Stork and Cradle will notify you when you next visit the Website. Please refer to the last revision number and date at the top of this document to identify the latest version.
    4. Continued use of the Website subsequent to any amendments having been made constitutes your acceptance of the Privacy Policy as amended.
  1. Links to other Websites
    • Stork and Cradle have no control over and accepts no responsibility for the privacy practices of any third-party websites to which hyperlinks may have been provided and strongly recommend that you review the privacy policy of any website you visit before using it further.
  1. Personal Information Collected
    • When you register an account on this Website, Stork and Cradle collects Personal Information about you, including information that directly or indirectly identifies you if you choose to share it with Stork and Cradle.
    • Stork and Cradle will only collect Personal Information for a purpose consistent with the purpose for which it is required. Stork and Cradle collects the following information:
      • your name and surname;
      • your username;
      • your email address;
      • your password;
      • the physical address for deliveries; and
      • information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Portal, including device and network information, cookies and analytics information.
  1. Processing of Personal Information
    • Stork and Cradle will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed. That purpose will be compatible with that for which it was collected unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
    • Stork and Cradle utilises the information we collect to:
      • provide you with access to this Website;
      • present certain material set out on the Website to you;
      • process your orders or queries on products;
      • have products delivered to you;
      • communicate with you as necessary;
      • improve the Website; and
      • process as described elsewhere in this clause.
    • As permitted by POPI, Stork and Cradle may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
    • Stork and Cradle undertake that your information will be processed in accordance with applicable law and that it will only process the information in a manner consistent with allowing the use of this Website and will process it to the minimum extent necessary.
    • You may, at any time, access your Personal Information which Stork and Cradle hold. You may also correct your Personal Information held by Stork and Cradle, should the need arise. In this regard, you may send an email to info@storkandcradle.co.za
  1. Third Parties
    • We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained, or we are required to do so by law.
    • You consent to Stork and Cradle sharing the information completed on an order with its suppliers for the purposes of providing you with the products, or with another services provider should the circumstances demand.
  1. Security
    • Stork and Cradle will take appropriate, reasonable technical and organisational measures as required by the applicable law to protect the information submitted to or collected by this Website from loss, misuse, unauthorised disclosure, alteration or destruction.
    • Stork and Cradle will secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent:
      • loss of, damage to or unauthorised destruction of Personal Information;
      • unlawful access to or processing of Personal Information.
    • Stork and Cradle will take reasonable measures to:
      • Identify all reasonably foreseeable internal and external risks to
      • Personal Information in its possession or under its control;
        • establish and maintain appropriate safeguards against the risks identified;
        • regularly verify that the safeguards are effectively implemented; and
        • ensure that the safeguards are continually updated in response to new
      • Risks or deficiencies in previously implemented safeguards.
      • Stork and Cradle endeavours to protect your Personal Information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and Stork and Cradle cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
  1. Destruction of Personal Information
    • Stork and Cradle will delete all Personal Information, insofar as it relates to you when it receives a written instruction from you to do so unless we are obliged by law or under our obligations to you to retain such information.
    • Stork and Cradle will destroy or delete any Personal Information that is no longer needed by it for the purpose it was initially collected, or subsequently Processed.
    • Stork and Cradle may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems and enforce any of its terms. Any information Stork and Cradle retains will be handled in accordance with this Privacy Policy.
  1. Cookies
    • Stork and Cradle may utilise temporary or session cookies. A cookie is a small text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
    • Stork and Cradle utilise first-party cookies. This enables it to improve users’ experience on the Website through various means such as storing preferences (like keeping a user logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and to provide more relevant display advertising to users who have visited the Website, using third-party tools such as the Google Analytics Remarketing.
    • This allows Stork and Cradle to track your use of this Website.
    • Cookies by themselves will not be used to personally identify users but Stork and Cradle may use them to compile de-identified statistics relating to use of or feedback on the performance of this Website.
    • The following classes of information may be collected in respect of users who have enabled cookies: the browser software used; IP address; date and time of activities while visiting the Website; URLs of internal pages visited; and referring websites, search engines and the like.
    • Stork and Cradle is committed to providing you choices to manage your privacy and sharing.
    • If you do not wish cookies to be employed to customize your interaction with this Website, it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this Website may not be available. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because some of our Website’s features utilise cookies, we recommend that users do not block them.
    • You can opt-out of a third-party website’s use of cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp.
  1. EU Members’ Rights
    • If you normally live in the European Union (“EU”), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
      • you can access your information by logging into your account and can rectify, restrict, limit or delete your information;
      • if Stork and Cradle Processes your information as set out above, you can object to this processing in certain circumstances;
      • if you have given Stork and Cradle consent to Process information, you have the right to withdraw your consent at any time; and
      • if you have a concern about our use of your information, you have the right to raise such concern with your local supervisory authority.
  1. Transfer of Personal Information
    • Stork and Cradle’s Website is operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use the Website, or provide information to Stork and Cradle, you acknowledge and understand that your information will be transferred, processed and stored in the RSA, as it is necessary, and the RSA’s privacy laws may not be as protective as those in your jurisdiction.
    • If you are a resident of the European Union (“EU”), Stork and Cradle is the controller of your personal data for the purposes of EU data protection law.
    • Stork and Cradle will not transfer your Personal Information or any portion of it to any third party for any reason without your prior written consent, except to the extent that Stork and Cradle use third-party service providers to host its database, subject to the provisions of clause 7.
    • Stork and Cradle may use hosting or cloud services to operate this Website and store its data which are not located in South Africa. If Stork and Cradle do so, it will ensure that the level of protection given to your Personal Information is at least as good as that provided for under South African Law, either by means of a binding contract with the service provider or by using a service provider located in a country with privacy laws of similar or stronger effect.
  2. Queries

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE OR STORK AND CRADLES PRODUCTS ARE SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. BY USING THIS WEBSITE OR STORK AND CRADLE’S PRODUCTS YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR USE OF THIS WEBSITE AND/OR STORK AND CRADLE’S PRODUCTS IMMEDIATELY.

IMPORTANT NOTICE
  1. Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and STORK AND CRADLE. It is your responsibility to read the clauses referred to:
    1. By accessing this Website or purchasing or using the Products, you are agreeing to these Terms.
    2. If you do not agree to these Terms, do not use the Website, purchase, order or use Products (clause 2.2).
    3. You give STORK AND CRADLE permission to use and process certain of your personal information (clause 16)
    4. You limit STORK AND CRADLE’s liability and indemnify STORK AND CRADLE for various acts or omissions. In particular, you agree that we are not liable for any loss you may suffer due to your use of this Website or the Products (clause 17).
  2. Definitions and Interpretation:
    1. “Products” mean any products or services available on this Website or provided by STORK AND CRADLE.
    2. “STORK AND CRADLE” means STORK AND CRADLE (Pty) Ltd with registration number 2020/604126/07 with its Registered address at Turfhall Estate, Ottery, 7800
    3. “You” or the “user” means any person who accesses this Website for any purpose or purchases or uses any of the Products.
    4. “Website” means the website of STORK AND CRADLE at URL https://storkandcradle.co.za/ or such other URL as STORK & CRADLE may choose from time to time.
  3. Use Subject to these Terms and Conditions
    1. Your use of and access to this Website and your use and purchase of Products is at all times governed by the terms of these terms and conditions, and by accessing this Website or purchasing a Product, you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website or purchased the Products.
    2. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE OR YOUR USE OF THE PRODUCTS IMMEDIATELY.
    3. These terms and conditions include STORK AND CRADLE’s Privacy Policy, which is included herein by reference.
    4. Please note that, due to legal and other developments, STORK AND CRADLE may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
  4. Registration of Account on Website
    1. You can create an account on the Website and you accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.
    2. You agree:
      1. not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offence;
      2. not to divulge your username or password to any other person; and
      3. not to impersonate any other person in dealing with STORK AND CRADLE, and particularly not to access the Website using another user’s username and password.
  5. Products
    1. All Products displayed on the Website are limited and are subject to availability.
    2. The Products and any samples thereof, available on the Website are for your personal use only. You may not sell or resell any of the services, products or samples you receive from STORK AND CRADLE. If, in STORK AND CRADLE’s sole discretion, it believes that any order to be filled or products to be provided to you may result in the violation of these Terms, STORK AND CRADLE reserve the right, with or without notice, to cancel or reduce the quantity thereof.
    3. STORK AND CRADLE do not make any promises, representations, warranties or guarantees with reference to the Products except such as are consistent with these Terms or as are expressly authorised by STORK AND CRADLE in writing.
    4. STORK AND CRADLE will make all reasonable attempts to ensure that when the stock is no longer available the item, in particular, is removed from the Website.
    5. If STORK AND CRADLE are unable to fulfil any Order because the item is sold out, you will be informed and entitled to a reimbursement for the rand value you have paid for such item.
    6. STORK AND CRADLE will make all reasonable attempts to ensure that promotional items are removed when stock runs out.
    7. STORK AND CRADLE reserves the right to communicate any product changes to you on the Website, which may include but is not limited to, the discontinuation of Products, packaging and name changes
  6. Orders
    1. The Website allows you, the User, to place electronic orders (“Order”) for one or more Products on offer as long as the Products are available and are not sold out.
    2. A sale agreement (“Sale”) between you and STORK AND CRADLE will only come into effect if:
    3. You have fully completed AND submitted the online Order form for one or more Products in your cart;
      1. Your payment has been authorised by STORK AND CRADLE and/or has been received into STORK AND CRADLE’s bank account;
        1. The Product is available
    4. You are not able to reserve Products to be bought at a later stage and placing an item in your cart, without fully completing the Order does not amount to a Sale or an Order.
    5. If a Product goes out of stock before the Sale takes place, STORK AND CRADLE is authorised to remove any item from your cart.
    6. STORK AND CRADLE may not be held responsible if an order has become unavailable by the time you try to complete a Sale at a later stage.
    7. The invoice for your purchase will be available online in your account on the Website and a copy of this invoice will be included in your parcel.
  7. Payment
    1. The once-off purchase price for the Product will be set out on the Website and is subject to change.
    2.  All payments must be made in South African Rands (ZAR). Your total order price will include the price of the purchase plus any applicable sales tax (VAT), shipping costs and payment fees.
    3.  Once payment is made, it is deemed that you have read and understood these Terms, don’t make a purchase through this Website unless you understand and agree to all the Terms and Conditions.
    4. STORK AND CRADLE reserve the right to change pricing at any time without prior notice.
    5. If you pay using the Website or application then you authorise STORK AND CRADLE and certain third-party service providers, to receive, store and encrypt your payment information.
    6. STORK AND CRADLE’s payment gateways use the strictest form of encryption and no credit card details are stored on the Website – we prefer you do a bank wire and an invoice will be sent to you directly for payment.
  8. Delivery of Products
    1. If you order a Product on STORK AND CRADLE’s Website, it will be delivered to your chosen address within the time period as set out in your Order confirmation, depending on your location.
    2. Subject to stock availability with suppliers and receipt of payment, orders will be processed within 7 (seven) working days and handed over to a courier company for delivery. A delivery fee applies to Orders.
    3. Delivery times vary. On average you can expect deliveries to metropolitan area addresses i.e. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein and Pretoria within 7 (seven) business days. Outlying areas expect delivery in 10 – 15 business days.
  9. Ownership and Risk
    1. Ownership of all Products is retained by STORK AND CRADLE until payment has been made in full, upon which ownership will pass to you.
    2. Once the purchase price for the Product has been paid, and the Product delivered to you, ownership and risk in the use of the Product will pass to you.
  10. Returns or Refunds
    1.  YOU ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY PURCHASE WITHIN 7 (SEVEN) DAYS AFTER THE DATE OF ORDER (OR PAYMENT, IF APPLICABLE). YOU WILL BE ENTITLED TO A FULL REFUND OF SUCH PAYMENT; WHICH REFUND WILL BE MADE WITHIN 30 (THIRTY) DAYS OF THE DATE OF CANCELLATION.
    2. Under no circumstances will Products that have been unpacked, or used be accepted for return or credit, it being your responsibility to inspect the Products immediately upon delivery (and most importantly prior to the use of the Products).
    3.  Should the CPA be applicable to these Terms, the relevant Order, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in those sections.
  11. Content
    1.  All information viewed or accessed from this Website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
    2. All material included in the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
    3. You should not act or refrain from acting on the information contained in this Website without first verifying the information and as necessary obtaining legal and/or professional advice.
    4. The contents of the Website should under no circumstances be seen as a quotation or invitation to do business.
    5. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. STORK AND CRADLE make no representations or warranties whatsoever as to the accuracy of the information contained in this Website.
  12. STORK AND CRADLE does not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by STORK AND CRADLE will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
  13. Third-Party Sites
    1. The Website contains hyperlinks to websites owned and/or operated by third parties. STORK AND CRADLE are not responsible for the content of such websites and does not endorse or approve the contents thereof.
    2. STORK AND CRADLE consequently do not accept any liability in connection with any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by STORK AND CRADLE) and is not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Website does not imply that STORK AND CRADLE sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
  14. Intellectual Property
    1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by STORK AND CRADLE, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by STORK AND CRADLE or any other party.
    2. The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of STORK AND CRADLE.
    3. No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, including the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless as set out in these terms and conditions.
  15. Linking, Framing and Crawling
    1. The express permission in writing of STORK AND CRADLE is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to infoATstorkandcradle.co.za.
    2. Permission to link to this Website is given without assumption of any liability. STORK AND CRADLE reserve the right to withdraw a permission granted to link to this Website at any time and for any reason.
    3. The express permission in writing of STORK AND CRADLE, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to infoATstork and cradle.co.za.
    4. Apart from bonafide search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of STORK AND CRADLE.
  16. Security
    1. STORK AND CRADLE will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
    2. While STORK AND CRADLE take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
  17. Personal Information
    1. When you access or use the Website, opt into marketing communication, register an account, conclude a purchase or transaction, or send an email to infoATstorkandcradle.co.za, you agree to receive electronic communication from STORK AND CRADLE and you are able to ‘opt-out’ at any given time.
    2. FURTHER INFORMATION REGARDING THE MANNER IN WHICH STORK AND CRADLE respect THE PRIVACY OF USERS’ PERSONAL INFORMATION IS CONTAINED IN THE PRIVACY POLICY.
  18. Disclaimer Warranties and Liability and Indemnity
    1. For the purposes of this clause “damages” means and includes:
      1. all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of an express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and
    2. any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.
    3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGES IN CONNECTION WITH THE USE OF THE PRODUCTS OR THE USE OR INABILITY TO USE THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND STORK AND CRADLE HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
    4. BY PLACING AN ORDER ON THE WEBSITE YOU AGREE IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT YOU SHALL HAVE NO CLAIM WHATSOEVER AGAINST STORK AND CRADLE, AND THE YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS STORK AND CRADLE FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, ACTIONS, PROCEEDINGS, CLAIMS AND DEMANDS (INCLUDING, WITHOUT LIMITATION, ANY ACTION, PROCEEDING, CLAIM OR DEMAND INSTITUTED OR MADE BY ANY CUSTOMER OR OTHER PERSON WHOMSOEVER) AND LEGAL AND OTHER COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH OR ARISING FROM INJURY OR DEATH OR ANY LOSS OF OR DAMAGE TO ITS OR ANY OTHER PERSON’S PROPERTY) WHICH YOU OR ANY OTHER PERSON MAY INCUR OR SUFFER ARISING FROM THE USE OF THE PRODUCTS OR MATTERS CONNECTED THEREWITH OR RELATED THERETO.
  19. Jurisdiction
    1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and STORK AND CRADLE both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
  20. Disputes
    1. Should any dispute of whatsoever nature arise between us and you concerning these Terms, we must try to resolve the dispute by negotiation within 10 (ten) business days from date of a written invitation by either of us.
    2. If the dispute has not been resolved by such negotiation, either of us may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA.  The receipt by either party of notice as aforesaid will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
    3. Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
    4. This clause constitutes an irrevocable consent by us and you to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
    5. The foregoing will not restrict the right of either of us to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
    6. Pending final settlement or determination of a dispute, we and you shall continue to perform our subsisting obligations hereunder.
  21.  General
    1. These terms and conditions contain the record of the entire agreement between users and STORK AND CRADLE in respect of access to and use of the Website and the purchase and use of Products.
    2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
    3. STORK AND CRADLE’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by STORK AND CRADLE in writing.
    4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in the determination of the validity and interpretation of these terms and conditions.
  22.  Support and Questions
    1. We will respond to any questions regarding the Products and these Terms via adminATstorkandcradle.co.za.