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In respect to these Terms and Conditions, PowerStocks reserve the right to update it, so as to adapt to the changing legal environment. The decision to act upon this right is at PowerStocks’ sole discretion and where PowerStocks chooses to do so, a message to this effect will be placed in a prominent position on the Website.
The validity, application and interpretation of these terms and conditions will be governed by the laws of the Republic of South Africa. If any claim or dispute arises in relation to this agreement, the parties agree to submit to the exclusive jurisdiction of the South African courts, save that either party may, at its sole option prior to the commencement of litigation, refer such claim or dispute to arbitration in South Africa before a single arbitrator. The arbitrator shall be appointed on the application of either party to the Chairman of the South Africa Law Association. The arbitrator’s award shall be final and binding on both parties. The venue for such Arbitration shall be Cape Town. Furthermore, the parties agree that as a first measure, an application made to a South African court, will be confined to a court located in the Cape of Good Hope Provincial Division.
15.1. In these terms and conditions, unless a contrary intention clearly appears:
15.1.1. words importing any one gender include the other two genders;
15.1.2. words importing the singular include the plural and vice versa; and
15.1.3. reference to natural persons include juristic persons (which includes trusts) and vice versa;
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15.4. The rule of interpretation which construes the interpretation of these Terms and Conditions against the party who prepared it shall not be applicable.
15.5. Where figures are referred to in numerals and in words, if there is any conflict between the two, the numerals shall prevail.
16. DOMICILIUM ADDRESS
16.1. The parties choose as their domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including but not limited to the exercise of any option and/or right of first refusal set out in this agreement), the following addresses:
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16.5. Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-a-vis that party to another physical address or its telefax number: Provided that the change shall become effective vis-a-vis that addressee on the fifth working day from the deemed receipt of the notice by the addressee.
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16.6.3. sent by telefax to its chosen telefax number shall be deemed to have been received on the date of dispatch (unless the contrary is proved);
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17.1. Should either party hereto be in breach of this agreement and should such party remain in breach 7 days after having received written notice from the other party (“the Aggrieved Party”) then the Aggrieved Party shall be entitled, without prejudice to any other remedy in law which such party may have, to terminate this agreement on written notice to the defaulting party.
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We reserve the right to change these terms and conditions with adequate (1 month) notice. Should the subscriber not wish to accept the new terms and conditions, pro-rata refund of subscription will apply.