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DLAY

Terms & Conditions

DEFINITIONS AND INTERPRETATION

1.1. For the purpose of this Agreement, the following terms shall have the meanings set forth below:
1.1.1. “Agreement” / “Terms and Conditions” means this Agreement, including all the annexures and addendums hereto;
1.1.2. “Ammacom Tech / We” means Ammacom Tech (Pty) Ltd, with Registration number: 2017/101260/07, a private company, having its registered address at 6 Topaz avenue, Lyttelton Manor, Centurion, 0157;
1.1.3. “Authorise” means the process whereby Ammacom Tech approves a Consumer’s DLAY Application;
1.1.4. “Bureau(s)” means a registered Credit Bureau in the Republic of South Africa;
1.1.5. “Bureau Consent” means the Consumer’s consent to Ammacom Tech to perform a consumer profile check at any Bureau, and which may include a credit check, for the purpose of a system-based approval decision, in terms of this Agreement;
1.1.6. “Business Days” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
1.1.7. “Bank Card”/”Card” means your Visa or Mastercard card associated with this Agreement;
1.1.8. “Card Payment” means payment with a bank card and/or by providing bank card details, including VISA and Mastercard;
1.1.9. “Commencement Date” means the latest of the following date/s:
1.1.9.1. Acceptance of these Terms and Conditions by a Consumer; and
1.1.9.2. Payment of the Start Fee.
1.1.10. “CPA” means the Consumer Protection Act, 68 of 2008;
1.1.11. “Consumer”/“You” means the person making use of the DLAY™ to rent Goods from a Merchant, and who duly enters into a DLAY™ Transaction;
1.1.12. “DLAY™” means a subscription service provided by Ammacom Tech, which enables Consumers to:
1.1.12.1. use Goods offered for sale by a Merchant without purchasing the Goods outright; or
1.1.12.2. defer a portion of the Purchase Price of Goods, and to settle the balance in instalments.
1.1.13. “DLAY Amount” means the sum of all DLAY™ Payments for the DLAY™ Period;
1.1.14. “DLAY™” Application” a request by the Consumer to subscribe for DLAY™ to enter into a DLAY™ Transaction by selecting DLAY™ on a Website;
1.1.15. “DLAY™ Fee” means the monthly subscription fee that Ammacom Tech charges the Consumer;
1.1.16. “DLAY™ Payment” means any one of the premiums payable under your DLAY™ Transaction, including applicable VAT and a DLAY™ Fee as set out more fully in clause 9;
1.1.17. “DLAY™ Payment Schedule” means a breakdown indicating the amount and due date of each DLAY™ Payment in terms of a DLAY™ Transaction;
1.1.18. “DLAY™ Period” means the minimum period of 12 (Twelve) months from the Commencement Date;
1.1.19. “DLAY™ Transaction” refers to a transaction concluded between Ammacom Tech and a DLAY™ User, via the Website, in terms whereof the Consumer will be entitled to use Goods for the DLAY Period, in accordance with these Terms and Conditions;
1.1.20. “DLAY™ User” a person who has subscribed for DLAY and who is Authorised by Ammacom Tech to conclude a DLAY™ Transaction;
1.1.21. “Intellectual Property”/”IP” means all the Intellectual Property as deployed by Ammacom Tech for the purpose of DLAY™ including trademarks, system processes, content, images, logos, artwork, copy, and design are owned by Ammacom Tech. You may not replicate any part or full portion of our IP, and you must obtain written permission from Ammacom Tech if you intend to use any such IP.
1.1.22. “Merchant”/“Retailer” means the Merchant who offers Goods for sale on its Website;
1.1.23. “Missed-Payment” means if you fail to pay any DLAY Payment, or part thereof, on or before the due date for such payment, and:-
1.1.23.1. Such failure persists for:
1.1.23.1.1. 5 (Five) separate attempts by Ammacom Tech to debit Your Card, over 5 (Five) consecutive days; and
1.1.23.1.2. a weekly attempt for the remainder of time before the next payment is due.
1.1.24. “Missed-Payment Fee(s)” means a fee of which will be charged to you for a Missed-Payment towards your DLAY Transaction, being an amount equal to the lower of 10% (Ten Percent) of the Purchase Price or R100.00 (One Hundred Rand), subject to a maximum amount of 50% of the Purchase Price;
1.1.25. “NCA” means the National Credit Act, No. 34 of 2005 and the Regulations thereto, as amended or replaced from time to time.
1.1.26. “Parties”/”Party” means Ammacom Tech, you, and the Merchant who have entered into this Agreement, which has a corresponding meaning and may refer to any one of the Parties as the circumstances may provide;
1.1.27. “Payment Consent” means consent to be billed without your direct interaction, periodically, in relation to the DLAY Payments as defined by this Agreement;
1.1.28. “Peach Payments” the third party Payment Gateway which processes DLAY™ Payments on behalf of Ammacom Tech;
1.1.29. “Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI.
1.1.30. “POPI” means The Protection of Personal Information Act, No. 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the Act;
1.1.31. “POS” means the Merchant’s “point of sale”;
1.1.32. “Product(s)”/“Goods”/“Service(s)” means the Product(s) you selected for your DLAY™ Transaction;
1.1.33. “Purchase Price” means the purchase price of the Goods as charged by the Merchant;
1.1.34. “Service Providers” means the Merchant and Ammacom Tech, who collectively enable access to DLAY™;
1.1.35. “Services” means the provision of technology provided to Consumers by Ammacom Tech when using DLAY and the features made available to Consumers.
1.1.36. “Signature Date” means the date of signature or electronic acceptance of this Agreement by You;
1.1.37. “Start Fee” means the non-refundable payment due by a Consumer upon entering into a DLAY™ Transaction;
1.1.38. “Subscription Agreement” means an Agreement between Ammacom Tech and a Consumer where the Purchase Price of Goods is paid by Ammacom Tech, and the Consumer pays Ammacom Tech a monthly to use the Goods for the duration of the DLAY Period;
1.1.39. “SwitchPay” the third party payment service provider which facilitates the initiation of DLAY™ Transactions by providing the infrastructure and administrative facilities, which enables:
1.1.39.1. Consumers to enter into Subscription Agreements and DLAY Transactions with Ammacom Tech; and
1.1.39.2. Merchants to receive the Purchase Price of Goods at the Merchant’s POS.
1.1.40. “Termination Date” means the date on which this Agreement is terminated by means of the settlement of the final DLAY Payment by You, or sooner if the Consumer settles the full outstanding balance of the DLAY Amount;
1.1.41. “Website” means any website offering DLAY™ as a manner of acquiring access to Goods;
1.1.42. “ZAR” means South African Rands.
1.2. Unless the context clearly indicates a contrary intention:
1.2.1. Any words which have not been specifically defined in this Agreement but have obtained a general and commonly-understood meaning and context in the industry will be interpreted as having that meaning and context;
1.2.2. The headings in this Agreement are used for the sake of convenience only and shall not govern the interpretation clause to which they relate.
1.2.3. Any reference to one gender includes the other gender and vice a versa;
1.2.4. The singular includes the plural and vice a versa.

2. OTHER TERMS INCORPORATED
2.1. The following additional terms are expressly incorporated herein and form a binding part of this Agreement as if repeated fully herein:
2.1.1. Subscription Agreement;
2.1.2. DLAY™ Payment Schedule; and
2.1.3. Privacy Policy.

3. PURPOSE AND APPLICATION
3.1. The purpose of this Agreement is to set out the terms and conditions that apply to your use of DLAY™.
3.2. You agree that by entering into this Agreement, and/or using DLAY™, that you have read and understood and are further bound by the Terms and Conditions set out in this Agreement.
3.3. We provide the Services to you for the purpose of acquiring access to Goods offered by the Merchant, through DLAY™, and subject to the Terms and Conditions contained herein.
3.4. Your access to DLAY™ is at Ammacom Tech’s discretion and Ammacom Tech may refuse your DLAY™ Application or terminate your right to continue your DLAY™ Transaction for any reason including if you breach these Terms and Conditions.
3.5. You explicitly hereby provide Bureau Consent for us to carry out general and/or specific Bureau enquiries related to you, and which may include a credit check. You also consent that we may verify the correctness of any of the information supplied by you when applying for your DLAY™ Agreement.
3.6. You explicitly hereby provide Payment Consent for us to process your Card Payments in relation to this Agreement.

4. IMPORTANT NOTICE
4.1. These Terms and Conditions apply to all DLAY™ Users including DLAY™ Users who are consumers for purposes of the CPA. Nothing herein should however be read or interpreted to extend to any party other than consumers (as defined in the CPA) the rights attributed to them (consumers) in terms of the CPA.
4.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
3.1.1. may limit the risk or liability of the Company or a third party; and/or
3.1.2. may create risk or liability for the DLAY™ User; and/or
3.1.3. may compel the user to indemnify the Company or a third party; and/or
3.1.4. Serve as an acknowledgement, by the DLAY™ User, of a fact.
3.2. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ammacom Tech to explain it to you before you accept the Terms and Conditions or continue using DLAY™.
3.3. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ammacom Tech in terms of the CPA.
3.4. By using DLAY™ in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.
4. DISCLAIMER
Ammacom Tech disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of DLAY™.

5. THIRD PARTY SELLER
5.1. The Merchant is solely responsible for fulfilment of delivery of the Goods.

6. DURATION
6.1. This Agreement will commence on the Commencement Date and, subject to the Terms and Conditions hereof, continue for the DLAY™ Period, or until the Consumer’s DLAY™ Subscription terminates;
6.2. Each DLAY™ Transaction concluded by the Consumer will constitute a separate Agreement with Ammacom Tech.

7. AUTHORISATION OF DLAY™ TRANSACTIONS
7.1. A DLAY™ Transaction is initiated by a Consumer by submitting a DLAY™ Application in relation to specific Goods on the Merchant’s Website.
7.2. All DLAY™ Transactions are subject to the Consumer being a member of DLAY™.
7.3. By submitting a DLAY™ Application:
7.3.1. the Consumer warrants that all information completed therein is true, accurate and up to date. It will be the Consumer’s responsibility to inform Ammacom Tech of any changes to the information;
7.3.2. The Consumer provides Bureau Consent; and
7.3.3. The Consumer agrees to the terms of the Subscription Agreement and to be bound by these Terms and Conditions.
7.4. Upon receipt of a DLAY™ Application, Ammacom Tech will perform a consumer profile assessment to determine whether the Consumer qualifies to enter into a DLAY™ Transaction.
7.5. Ammacom Tech will notify the Consumer regarding the outcome of the assessment.
7.6. The decision whether to approve or reject a DLAY™ Application will be in the sole and absolute discretion of Ammacom Tech and Ammacom Tech will not be required to provide reasons for rejecting a DLAY™ Application.
7.7. If Ammacom Tech approves a Customer’s DLAY Application, and the Consumer has accepted these Terms and Conditions:
7.7.1. The Consumer will be required to pay a Start Fee; and
7.7.2. The balance of the DLAY Amount will be payable in accordance with a DLAY™ Payment Schedule.
7.8. The DLAY™ Payment Schedule will indicate:
7.8.1. The DLAY Amount;
7.8.2. Start Fee amount;
7.8.3. DLAY™ Payments; and
7.8.4. Due dates for DLAY™ Payments as selected by the Consumer.
7.9. The DLAY Payment Schedule is expressly incorporated into these Terms and Conditions.

8. GRANT OF ENTITLEMENTS
Subject to:
8.1. The conclusion of a DLAY transaction between the Consumer and Ammacom Tech; and
8.2. Payment by the Consumer of the Start Fee, all DLAY Payments, and any Missed-Payment Fees (if applicable) as and when they are due,
Ammacom Tech agrees to grant the Consumer the entitlement to either, use or acquire the Goods, as specified in the Subscription Agreement, for the DLAY Period.

9. DELIVERY
9.1. As soon as the Consumer has accepted these Terms and Conditions and paid the Start Fee, he/she will be required to collect the Goods from one of the Merchant’s stores.
9.2. The Merchant will require the following before a Consumer will be allowed to take possession of the Goods:
9.2.1. Proof of identification such as a driver’s license, green barcoded ID book, Smart ID card or passport; and
9.2.2. Authentication on a mobile device.
9.3. Upon acknowledgement of receipt of the Goods by a Consumer, the Merchant will record that the Goods have been checked out of the store and inform Ammacom Tech accordingly.
9.4. The Consumer shall examine the Goods upon receipt and immediately notify Ammacom Tech if the Goods are not in good working order at the time of receipt or is not the Goods ordered.

10. FEES AND PAYMENT
10.1. You will be liable to pay the Start Fee by Card Payment, and each subsequent DLAY™ Payment is payable monthly in advance, by recurring Card Payment;
10.2. All Card Payments will be processed via 3-D Secure;
10.3. The following local Credit Cards can be used:
10.3.1. Visa; and
10.3.2. MasterCard.
10.4. When using your Credit Card to pay for your online purchase you will need the following:
10.4.1. 16 Digit Credit Card Number;
10.4.2. CVV Number on the back of your card, this is the last 3 digits; and
10.4.3. Your name as it appears on the front of the card.
10.5. In compliance with section 43(5) of the Electronic Communications and Transactions (ECT) Act, Ammacom Tech uses the services of Peach Payments to process credit card payments. Peach Payments adheres to strict security assessment requirements, meeting Payment Card Industry Data Security Standard (PCI DSS) requirements.
10.6. Ammacom Tech does not process or store User’s Card details.
10.7. Where payment is made via EFT, confirmation of payment must be received by Ammacom Tech within 5 (Five) days from the date that an order is confirmed.
10.8. No orders will be processed until confirmation of payment has been received.
10.9. Ammacom Tech reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.
10.10. The DLAY™ Payment will recur on the same calendar date as the Start Fee payment, or such other date as selected by You;
10.11. If the DLAY™ Payment date occurs on a Saturday, Sunday or public holiday in the Republic of South, the DLAY™ Payment may be collected on the previous Business Day;
10.12. Payment will only be deemed to be successful if the Card Payment is not returned as unsuccessful after 15 (Fifteen) working days, or anytime thereafter for the period of this Agreement;
10.13. If you change and/or terminate your Card associated with your DLAY™ Payments, or should the Card expire, or payment cease for any other reason whatsoever, you agree to immediately update your Card details, for the outstanding balance due under this Agreement.
10.14. There will be no initiation, nor interest, nor service fees applied to this DLAY™ Agreement;
10.15. You will be entitled to pay any amount due under your DLAY™ Transaction earlier than the due date for such payment without penalty.
10.16. Once the Consumer pays the full DLAY™ Amount, including the DLAY™ fees and any excess payments, if applicable, and returns the Goods in good working order to Ammacom Tech, the obligations of the Consumer under the DLAY™ Transaction will be discharged.
10.17. Amounts of DLAY™ Payment will bear Value Added Tax at the applicable rate in South Africa from time to time;
10.18. You acknowledge that you are not entitled to withhold any payment whatsoever due and payable to us, according to this DLAY™ Agreement;
10.19. You acknowledge that you are not permitted to apply, set off to, or demand any discount, rebate, or reduction in respect of any DLAY™ Payment owed to us in context of this Agreement;

11. DLAY™ FEE
11.1. Ammacom Tech will charge the Consumer a DLAY™ Fee in respect of each DLAY™ Transaction, which amount Ammacom Tech will recover from the Consumer by adding it to the DLAY™ Payments proportionately, as indicated on the Consumer’s DLAY™ Payment Schedule.

12. MISSED PAYMENTS
12.1. Ammacom Tech will charge the Consumer a Missed-Payment Fee in respect of each Missed Payment.
12.2. The Consumer acknowledges that a Missed Payment Fee constitutes a penalty stipulation as defined in section 1 of the Conventional Penalties Act No. 15 of 1962, and accordingly agrees that the Missed Payment Fee is proportionate to the prejudice to be suffered by Ammacom Tech by a Missed Payment.
12.3. In accordance with the NCA, an incidental agreement shall be deemed to be concluded 20 (twenty) business days after the date on which the first Missed- Payment Fee and/or interest, as the case may be, was charged.

13. PROOF OF INDEBTEDNESS
13.1. A certificate issued by us shall be prima facie proof of:
13.1.1. the balance outstanding under a DLAY™ Transaction;
13.1.2. the outstanding amount due in respect of DLAY™ Fees; and
13.1.3. any outstanding Missed Payment Fees,
which are due by the Consumer under the DLAY™ Transaction at any given time, and will be sufficient for Us to obtain provisional sentence or summary judgment against You.

14. DELIVERY AND RISK
14.1. All risk in the Goods (whether within or beyond the control of the Consumer) shall pass to the Consumer immediately upon the Consumer taking possession of the Goods and the Consumer shall be liable for all loss or damage to the Goods, not covered by Ammacom Tech’s insurance policy, during the DLAY Period or extended period, from any cause howsoever arising and whether or not to the Consumer’s fault or negligence or vis maior.

15. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
15.1. We are not responsible if information made available on the Website is not accurate, complete or current.
15.2. Ammacom Tech will not be liable towards DLAY™ Users in respect of information provided by Merchants in respect of their Goods.

16. MODIFICATIONS TO DLAY™
16.1. We reserve the right at any time to modify or discontinue DLAY™ (or any part or content thereof) without notice at any time.
16.2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of DLAY™.

17. CONCLUSION OF DLAY TRANSACTIONS AND AVAILABILITY OF STOCK
17.1. Ammacom Tech or the Merchant will indicate the acceptance of your DLAY Transaction by allowing you to collect the Goods, and only at that point will an agreement of sale between you and Ammacom Tech or the Merchant come into effect (the “Lease”). This is regardless of any communication from Ammacom Tech stating that your order or payment has been confirmed. Ammacom Tech will indicate the rejection of your DLAY Transaction (by Ammacom Tech itself or the Merchant) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
17.2. Prior to your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After your collection of the Goods, you may return the Goods only in accordance with the Cancellation Policy.
17.3. Ammacom Tech relies on inventory information supplied by the relevant Merchant and Ammacom Tech accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from the Merchant which are in fact sold-out, any resulting dispute should be resolved between you and the Merchant.

11. PRICING
11.1. Ammacom Tech will not be bound by any errors in pricing which result from technical problems on the Website or by the unlawful modification of data on the website by unauthorized persons.
11.2. Ammacom Tech shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.
11.3. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the order before checkout.

12. COMMENCEMENT OF AGREEMENT AND REVIEW OF TRANSACTION
12.1. Consumers who select DLAY™, will be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finalising the lease or purchase of Goods, as the case may be, via DLAY™. Should a Consumer, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 7 (Seven) days of receiving the goods or, in the case of services, within 7 (Seven) days of the agreement being concluded. If a transaction is cancelled as aforesaid, the Consumer shall return the goods or stop using the services and Ammacom Tech shall refund all payments made by the Consumer.
12.2. A DLAY Application received via the Website will only be processed by Ammacom Tech once the Start Fee has been received, as the case may be.

13. CONSUMER’S COOLING-OFF RIGHTS IN TERMS OF SECTION 44 OF THE ECT ACT
13.1. A Consumer will be entitled to cancel, without reason and without penalty, any transaction for the supply of Goods within 7 (Seven) days after the date of delivery of the Goods.
13.2. The only charge that may be levied on the Consumer is the direct cost of returning the Goods.
13.3. If payment for the Goods has already been made by the Consumer, they shall be entitled to a full refund of such payment within 30 (Thirty) days of the date of cancellation.
13.4. A Consumer will not be entitled to cancel a transaction in terms of clause 12.1 when the transaction is for:
13.4.1. foodstuffs, beverages or other goods intended for everyday consumption by the Consumer;
13.4.2. audio or video recordings or computer software which has been unsealed by the Consumer;
13.4.3. newspapers, periodicals, magazines and books;
13.4.4. accommodation, transport, catering or leisure services booked for a specific date or which need to be used within a specific period; or
13.4.5. any goods made to the User’s specifications, or which are clearly personalised, or which by reason of their nature cannot be returned, or which are likely to deteriorate or expire rapidly.

13. RETURNS POLICY
Please refer to the Merchant’s Returns Policy on its Website for more information about returning Goods (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

14. OPTIONAL TOOLS
14.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
14.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
14.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14.4. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

15. RETURN OF GOODS
15.1. Unless otherwise agreed with Ammacom Tech, the Consumer shall return the Goods to Ammacom Tech at the end of the DLAY Period at the designated return address in good working order and in the same condition as when it was delivered to the Consumer.

16. OWNERSHIP AND COPYRIGHT
16.1. The IP relating to Ammacom Tech or DLAY™ are protected by law, including but not limited to copyright and trade mark law. The IP is the property of Ammacom Tech, its advertisers and/or sponsors and/or is licensed to Ammacom Tech.
16.2. You will not acquire any right, title or interest in or to the IP.
16.3. Any use, distribution or reproduction of the IP is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any IP e-mail info@DLAY™.co.za. Where any of the IP has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

17. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

18. PROHIBITED USES
18.1. You are prohibited from using DLAY™:
18.1.1. for any unlawful purpose;
18.1.2. to solicit others to perform or participate in any unlawful acts;
18.1.3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
18.1.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
18.1.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
18.1.6. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
18.1.7. to collect or track the personal information of others;
18.1.8. to spam, phish, pharm, pretext, spider, crawl, or scrape;
18.1.9. for any obscene or immoral purpose; or
18.1.10. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of DLAY™ or any related website for violating any of the prohibited uses.

19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
19.1. We do not guarantee, represent or warrant that your use of DLAY™ will be uninterrupted, timely, or error-free.
19.2. We do not warrant that the results that may be obtained from the use of DLAY™ will be accurate or reliable.
19.3. You agree that from time to time we may remove DLAY™ for indefinite periods of time or cancel DLAY™ at any time, without notice to you.
19.4. You expressly agree that your use of, or inability to use, DLAY™ is at your sole risk. DLAY™ and all Goods purchased by you through DLAY™ (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
19.5. In no case shall Ammacom Tech, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of DLAY™ or any Goods procured using DLAY™, or for any other claim related in any way to your use DLAY™ or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of DLAY™ or any content (or product) posted, transmitted, or otherwise made available via DLAY™, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

20. OBLIGATIONS AND/OR UNDERTAKINGS OF AMMACOM TECH
20.1. Ammacom Tech will comply with all applicable laws, ordinances, decrees, rules and regulations and service standards relating in any manner to the performance by Ammacom Tech of the obligations in terms of this Agreement;
20.2. Ammacom Tech will keep and maintain all records and documents as you may reasonably require the Service Providers to keep in terms of this Agreement;
20.3. Ammacom Tech may, without notice, cede and assign any or all of its rights and/or obligations under this Agreement either absolutely or as security to any third party and on any such cession and/or delegation taking place you shall make all Payments to such cessionary if so required.

21. YOUR OBLIGATIONS AND/OR UNDERTAKINGS
21.1. Upon application for a DLAY™ Agreement, you declare and confirm that you:
21.1.1. Are a permanent resident of South Africa;
21.1.2. Permanently and lawfully reside in South Africa;
21.1.3. Are over the age of 18;
21.1.4. Are permanently employed or self-employed in South Africa;
21.1.5. Have not been declared mentally ill or unfit by a court;
21.1.6. Are not currently over-indebted;
21.1.7. Are not currently under debt review; and
21.1.8. Have not applied for, nor currently are under administration, provisional or final sequestration.
21.2. In case of any change to any information provided to Us by you at the time of applying for a DLAY™ Agreement, you shall immediately notify us of such changes;
21.3. You agree to have sufficient funds available in your Card account to cover your DLAY™ Payments for the full duration of your DLAY™ Transaction;
21.4. You agree that we are entitled to charge your Card account in accordance with this DLAY™ Agreement for the purpose of collecting Payments for the Product(s) received from the Merchant, for the duration of your DLAY™ Period and which may include a Missed-Payment Schedule;
21.5. You agree that you are liable for any fees or costs that your bank may charge you when any Payment is made using your Card, whether that Payment is successful or unsuccessful;
21.6. You accept all risk and liability associated with the sale of Product(s) purchased from a Merchant and agree that we are not responsible for the delivery, suitability, or quality of any Product(s) purchased. You agree to contact the Merchant regarding any claims you may have against the Merchant regarding the Product(s) purchased.
21.7. You agree to keep your DLAY™ Application details private and confidential, and that you are responsible for all transactions concluded for the purpose of this Agreement.
21.8. You unconditionally absolve and indemnify the Service Providers from and against any loss, damage, costs or expenses which either the Service Providers or you may sustain or incur, either directly or indirectly as a result of the Service Providers relying on and using the Personal Information supplied by you.

22. NOTICES AND COMMUNICATION
22.1. We shall provide notices related to this DLAY™ Agreement to the email address(es) or telephone number(s) provided by you.
22.2. You may contact us via:
Email: accounts@DLAY.co.za
Telephone: 010 594 5138
22.3. For the purpose of this Agreement, “written notice” includes email notices, which shall be deemed to have been received when completion of delivery is confirmed on a sender’s system.

23. EFFECT AND MODIFICATION OF THE AGREEMENT
23.1. This Agreement shall apply for the DLAY™ Period, provided that some provisions of the Agreement may survive termination of the Agreement.
23.2. To the fullest extent permitted by the law, we may change this Agreement in our sole discretion. If we intend on changing this Agreement, we shall notify you by email of such change and the details thereof at least seven (7) days prior to the effective date of the modified Agreement; provided that if we intend to change the Agreement to the disadvantage of you, we shall notify you of such change and details thereof at least thirty (30) days prior to the effective date of the modified Agreement.
23.3. You may refuse to give consent to any unfavorable change in this Agreement. In such case, the Agreement prior to such change shall apply; provided that you shall be deemed to have given consent to the modified Agreement if you fail to explicitly express your intent not to do so by the effective date of the modified Agreement.

24. DISPUTE RESOLUTION
24.1. This clause will not limit or prejudice the rights of Ammacom Tech contained in clause 24 below.
24.2. Any dispute which may arise between any parties to this Agreement shall first be negotiated between the parties internally.
24.3. Should negotiations fail, the matter shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.
24.4. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of 10 (ten) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.
24.5. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
24.6. The arbitration shall be held in Pretoria at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.
24.7. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

25. BREACH AND TERMINATION
25.1. We may suspend, interrupt, change, or end this Agreement or any part thereof at any time for any reason in our discretion, while applying reasonable efforts to provide advanced notice to you.
25.2. Notwithstanding any provision to the contrary, you may terminate this Agreement in accordance with the Consumer Protection Act by providing 20 (Twenty) business days’ notice in writing to Ammacom Tech, such termination will be subject to the following cancellation conditions:
25.2.1. Payment of the total outstanding balance under the DLAY™ Transaction, together with DLAY™ Fees, and any Missed Payments Fees.
25.2.2. Payment of the amounts stated in clause 25.2.1 shall become immediately due and payable upon Termination of the DLAY™ Transaction;
25.2.3. Upon Payment of the amounts stated in clause 24.2.1, the DLAY™ Period will conclude.
25.3. Notwithstanding any provision to the contrary, this Agreement may be terminated summarily by us on written notice, if:
25.3.1. The registration details originally provided by you are determined to be incorrect, falsified, and/or untrue at any stage during this Agreement;
25.3.2. Notwithstanding any contrary provision of this Agreement, if any DLAY™ Payment is not paid by you on the due date thereof; and/or
25.3.3. You breach any of your representations, warranties or obligations hereunder and fail to cure the breach within fourteen (14) days from written request therefor.
25.4. Termination of this DLAY™ Agreement either by us or you will not discharge you from your liability for Payment in respect of any outstanding DLAY™ Payments due, according to this Agreement.
25.5. In the event that You failed, on 3 (Three) occasions, to pay any DLAY™ Payment on/or before the due date for such payment, and failed to remedy such failure by paying the total outstanding amount, together with accrued Missed-Payment Fees, within 30 (Thirty) days after having received a written request from Us to do so, we may at our sole discretion, and without prejudice to any of our other remedies under this Agreement:
25.5.1. No less than 20 (Twenty) business days after the last permitted Missed Payment Fee is levied, charge interest on all overdue amounts at the rate of 2% (Two Percent) per month until payment in full.
25.6. In addition to any other remedies which Ammacom Tech may have in law, if You fail to comply with any of your obligations under this Agreement, We will be entitled to:
25.6.1. Cancel the Agreement with immediate effect with or without a claim for damages; or
25.6.2. Take steps that may be necessary to recover any outstanding amount(s), including the institution of legal action.
25.7. You will be liable for Attorney and own-client costs, including tracing and/or collecting and/or any additional expenditure with regard to any efforts by us to collect unpaid amounts from you.
25.8. Either you or we may terminate this Agreement by giving written notice to the other party if a Force Majeure Event continues for thirty (30) days or longer.

26. INCIDENTAL CREDIT
26.1. It is recorded that an incidental credit agreement will be deemed to be concluded between the parties, 20 (Twenty) business days after the date on which the first Missed -Payment Fee or interest was charged by Us, as provided in the NCA.
26.2. For purposes of any incidental credit agreement which may arise under this Agreement, You acknowledge that We are not registered as a credit provider, and We are not required to register as a credit provider as We only supply incidental credit.

27. FORCE MAJEURE
27.1. Delay or failure to comply with or breach of any of the terms and conditions of this Agreement if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, pandemics, act of any Government or other Authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the Party so failing, will not be deemed to be a breach of this Agreement nor will it subject either Party to any liability to the other.
27.2. Should either Party be prevented from carrying out its contractual obligations as a result of a force majeure event lasting continuously for a period of 30 (thirty) days, either Party shall be entitled to terminate the Agreement on written notice to the other Party, without liability.

28. INDEMNIFICATION
28.1. You agree to indemnify, defend and hold harmless Ammacom Tech and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

29. SEVERABILITY
29.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions such determination shall not affect the validity and enforceability of any other remaining provisions.

30. ENTIRE AGREEMENT
30.1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
30.2. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to DLAY™ constitutes the entire agreement and understanding between you and us and govern your use of DLAY™, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
30.3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

31. GOVERNING LAW
31.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

32. CHANGES TO TERMS AND CONDITIONS
32.1. You can review the most current version of the Terms of Conditions at any time on the Website.
32.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.