Terms & Conditions

WELCOME TO THE “IN THE GAP CLOTHING” WEBSITE AND SERVICES.
We hope you enjoy your use of our website and services!

Please understand and appreciate that by using In the Gap Clothing’s website,
(www.inthegapclothing.co.za), you are accepting the use of the website and services under the
terms and conditions in this Contract.

By using our website, you become a User. By submitting a request for In the Gap Clothing’s services,
you become a Potential Client, and should In the Gap Clothing (who has sole discretion whether to
do so or not), approve your request, you become a Client.

It is your obligation to keep yourself informed of any changes that may occur between visits to In the
Gap Clothing’s website, as using our services each time is under the condition that you accept all our
Terms and Conditions. We reserve the right to change our Terms and Conditions from time to time
without expressly informing you.

TERMS AND CONDITIONS:
Please read these Terms and Conditions carefully, as they contain important information about your
rights and duties in your capacity as either a User or (Potential) Client, and form a legally binding
agreement between In the Gap Clothing and yourself (“the Contract”).

1 USING IN THE GAP CLOTHING’S WEBSITE AND SERVICES:
1.1. Definitions of words and the interpretation of these Terms and Conditions (unless the context
indicates a contrary intention) shall be as follows:
1.1.1. “Parties” shall mean the parties to the Contract, and shall refer to:
1.1.1.1. “In the Gap Clothing” refers to DJA Viljoen and EM Viljoen trading as In the Gap
Clothing with actual place of business being at 405 Flora Road, Dana Bay, 6510.
1.1.1.2. “User” refers to any person, being either a natural or juristic person, who uses
the In the Gap Clothing website and who may, or may not, submit a request for In
the Gap Clothing’s services.
1.1.1.3. “Potential Client” refers to [complete]
1.1.1.4. “Client” refers to a User who submitted a request for In the Gap Clothing’s
services and whose request has been approved by In the Gap Clothing.

1.1.2. “Services” includes the use of In the Gap Clothing’s website, but unless the contrary is
expressly indicated, shall in these Terms and Conditions be taken to refer specifically to In
the Gap Clothing’s printing services.
1.1.3. “Intellectual Property Rights” means all industrial, commercial and intellectual property
rights (including equivalent, neighbouring or proximate rights anywhere in the world that
currently exist or are recognised in the future), and includes, but is not limited to,
copyrights, patents and trademarks.
1.1.4. “Contract” means these standard terms and conditions, together with all annexures,
which are to be read together as one contract and will be considered as one document, all
of which will have the effect of a legal and binding agreement between the parties.
“Agreement” shall be construed accordingly.
1.1.5. “Package” means the entire design and printing package as selected by the Client.
1.1.6. A reference to any document, material, information or data, includes that document,
material, information and data howsoever stored, recorded or embodied, including in any
electronic or digital media or otherwise.
1.2. Eligibility to contract with In the Gap Clothing and to request In the Gap Clothing’s Services
(Children Under 18):
1.2.1. In the Gap Clothing will only knowingly provide products or services to persons who can
lawfully enter into and form contracts under applicable law.
1.2.2. If you are under the age of 18, you may order products or services only under the
supervision of a parent or legal guardian who agrees to be bound by these Terms and
Conditions.

2 PROCESS FOR PROCURING IN THE GAP CLOTHING’S SERVICES:
2.1. A User who has made use of In the Gap Clothing’s website may lodge a request for an order of
printed products with In the Gap Clothing (“In the Gap Clothing’s services”).
2.2. In the Gap Clothing has the sole right to approve, decline, or review any such request for its
services (which may include limitations on any particular type of design requested by the User),
and may also request additional information before making a decision. The decision (including,
in the event of a positive outcome, the quote), which may take a couple of days, shall be final
and no further correspondence entered into.
2.3. Subject to clause 2.2 above, In the Gap Clothing may agree to provide the following services:
2.3.1. To allow the User to customise products that are listed for sale on In the Gap Clothing’s
website;
2.3.2. To sell products to a User that are listed for sale;
2.3.3. To allow the User to subscribe to receive communication from In the Gap Clothing and to
use In the Gap Clothing’s galleries.

 

3 OBLIGATIONS OF USERS AND CLIENTS:
3.1. Responsibilities:
3.1.1. The User agrees that any design(s) sent to In the Gap Clothing’s website or employees is the User’s own,
or that the User is allowed to print the design(s) due to having purchased it for use from
the owner.
3.1.2. The User takes full responsibility, and hereby indemnifies and absolves In the Gap Clothing
of any responsibility, for verifying that the design(s) submitted, does not infringe any
intellectual property or privacy rights.
3.1.3. The User is and shall be wholly and exclusively responsible, at the User’s own cost, for:
3.1.3.1. All telecommunication lines, modems, communication controllers, routers,
multiplexers, terminals and all other equipment, hardware and software
necessary to access and use the In the Gap Clothing website and request use of In
the Gap Clothing’s services;
3.1.3.2. The use that the User makes of In the Gap Clothing’s website complies with;
3.1.3.2.1. All laws, regulations and rules in the User’s country or jurisdiction;
3.1.3.2.2. Complying with any recommendations or guidelines issued by In the Gap
Clothing with respect to the use of In the Gap Clothing’s website and/or
request for In the Gap Clothing’s services; and

3.1.3.2.3. Ensuring that all electronic or other media the User uses in connection, or
in conjunction, with the In the Gap Clothing website and the services
provided, complies with these Terms and Conditions, and all applicable
laws, regulations and rules.

3.1.4. In the Gap Clothing will not accept CHEQUES. The Client undertakes to pay In the Gap
Clothing ONLY cash and/or Electronic Fund Transfers (EFTs).
3.1.5. For custom orders, full payment is required to confirm an order.
3.1.6. Courier and postal delivery is at the Client’s own risk and the Client hereby indemnifies In
the Gap Clothing from such risk and will not hold In the Gap Clothing responsible for lost
parcels.
3.1.7. All orders must be paid for by the Client in full within seven (7) calendar days, after which
stock will no longer be reserved and the order will automatically be cancelled.
3.1.8. The Client undertakes to provide an address where someone will be present to sign for
the package. A tracking number will be provided to the Client as soon as In the Gap
Clothing sends the Client’s parcel.
3.1.9. In the Gap Clothing will not be held responsible for lost parcels. Should the Client require
insurance on the Client’s parcel, the Client undertakes to inform In the Gap Clothing
accordingly.
3.1.10. Should a Client be unhappy with any of the products bought from In the Gap Clothing and
wish to return same, the Client undertakes to notify In the Gap Clothing via an e-mail to
[email protected] immediately. In the Gap Clothing undertakes to exchange
the product provided the item is still in its original condition. The Client expressly agrees
that the return postage and/or courier costs will be for the Client’s own expense.
3.1.11. The User is responsible for choosing the appropriate product size.
3.2. Restrictions on Users and Clients:
3.2.1. The User shall refrain from, and has no right to, commit any of the following acts:
3.2.1.1. Reproduce, publish, distribute, sub-license and/or re-sell either the In the Gap
Clothing website and/or In the Gap Clothing’s service to any person; or
3.2.1.2. To use In the Gap Clothing’s website to supply any service to any person; or
3.2.1.3. To modify, adapt, disassemble, recompile and/or reverse engineer the In the Gap
Clothing website; or
3.2.1.4. To access, or use, either the In the Gap Clothing website and/or request In the
Gap Clothing’s service to create, author, design any article, product, material or
other matter that:
3.2.1.4.1. Is illicit and/or infringes the rights of any person, including but not limited
to, Intellectual Property Rights, trade secrets, rights of privacy and publicity;
3.2.1.4.2. Is false, defamatory or slanderous;
3.2.1.4.3. Condones, promotes, contains or links to adware, cracks, hacks or similar
utilities or programs;
3.2.1.4.4. Exploits images, or the likeness of, minors;
3.2.1.4.5. Encourages the use of drugs or the under-age use of alcohol or cigarettes.
3.2.1.5. To access or use either the In the Gap Clothing website and/or request In the Gap
Clothing’s service to manufacture, market, publish, transmit, broadcast,
distribute or sell any article, product, material or other matter that falls within
the categories listed in clause 3.2.1.4 above;
3.2.1.6. To use, transfer, or implant a virus, routine, or any computer program, or
technology that disrupts, disables, interferes with or otherwise has a detrimental
effect on the In the Gap Clothing website and its associates;
3.2.1.7. To take any action that imposes any unreasonable or disproportionately large
load on the In the Gap Clothing website;
3.2.1.8. To use a robot, spider or other device or process to monitor the activity on or
copy pages from the In the Gap Clothing website;
3.2.1.9. To collect electronic mail addresses or other information from the In the Gap
Clothing website,
3.2.1.10. To impersonate and/or misrepresent another person or entity;
3.2.1.11. To engage in any activity that interferes with any person’s ability to use or access
the In the Gap Clothing website and/or to request In the Gap Clothing’s services;
3.2.1.12. To assist, procure, or aid any person to engage in any activity prohibited by these
Terms and Conditions; and
3.2.1.13. To frame, or link, or otherwise use or display, the In the Gap Clothing website in
such a manner so that it appears to be part of the User’s own, or someone else’s
website, without specific agreement.

 

4 IN THE GAP CLOTHING’s OBLIGATIONS:
4.1. Access to, and use of, the In the Gap Clothing website and requests for In the Gap Clothing’s
services:
Subject to the User complying with and discharging each of the User’s obligations under these
Terms and Conditions, In the Gap Clothing shall allow the User to access and use the In the Gap
Clothing website, and to submit a request for In the Gap Clothing’s services.
4.2. Privacy:
In the Gap Clothing may collect personal data concerning the User’s name, billing details,
delivery address and contact details in the course of, and incidental to, the User’s use of the In
the Gap Clothing website and request for In the Gap Clothing’s services.
4.3. Training:
The User and/or Client acknowledges that In the Gap Clothing has no obligation to the User
and/or Client to provide any training or other support in relation to the use and/or operation of
the In the Gap Clothing website and/or request for In the Gap Clothing’s services.
4.4. Modification of the In the Gap Clothing website:
In the Gap Clothing reserves the right to modify the organisation, structure, content or "look
and feel" of the In the Gap Clothing website and/or the request for In the Gap Clothing’s
services, and may change, suspend, or discontinue any aspect of the In the Gap Clothing
website and/or the request for In the Gap Clothing’s service at any time without notice, or any
liability, to User and/or the Client and/or any person. In the Gap Clothing shall have complete
discretion over the features, functions and other Terms and Conditions on which the In the Gap
Clothing website and the request for In the Gap Clothing’s service are made available.

5 INTELLECTUAL PROPERTY RIGHTS:
5.1. Reservation of title:
5.1.1. The User expressly acknowledges that the User derives no right, title or interest in any
Intellectual Property Rights that vest, or subsist in, or relate to, the In the Gap Clothing
website and/or the request for In the Gap Clothing’s services.
5.1.2. The User acknowledges that these Terms and Conditions do not convey that the User
derives any right, title or interest in any Intellectual Property Rights that vest, or subsist in,
or relate to, the In the Gap Clothing website and/or the request for In the Gap Clothing’s
services.
5.1.3. In the Gap Clothing grants the User a limited revocable access to, and use of, the In the
Gap Clothing website, and to request In the Gap Clothing’s service for the User’s intended
purposes, subject to the User’s compliance with these Terms and Conditions.
5.1.4. This access does not include the right to collect, or use, information contained on the In
the Gap Clothing website for purposes prohibited by In the Gap Clothing; to compete with
In the Gap Clothing; to create derivative works based on the layout or design, look-and-
feel, content or structure of the In the Gap Clothing website; or to download or copy the
In the Gap Clothing website (other than page caching). If the User uses the In the Gap
Clothing website in a manner that exceeds the scope of this Contract, or if the User
breaches these Terms and Conditions in any manner whatsoever, In the Gap Clothing may
revoke the permission referred to in clause 4.1 , and deny the User access to, and use of,
the In the Gap Clothing website.
5.2. Prohibition on infringement:
5.2.1. The User expressly acknowledges that In the Gap Clothing does not permit, authorise or
condone, and hereby expressly prohibits, the User from accessing or using the In the Gap
Clothing website, and/or the request for In the Gap Clothing’s services, in a manner that
infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or
privileges, of any person anywhere in the world.
5.2.2. The User expressly agrees to not act in a manner that contravenes clause 5.2.1 .

6 WARRANTIES:
6.1. User’s warranties:
6.1.1. The User represents and warrants to In the Gap Clothing that, in the User’s use of the In
the Gap Clothing website and requests for In the Gap Clothing’s services (which In the Gap
Clothing as per clause 2.2 may or may not agree to provide), the User will:
6.1.1.1. Not infringe the Intellectual Property Rights, trade secrets, rights of privacy,
rights of publicity or other legal right of any person, and
6.1.1.2. Will comply with all applicable laws, rules, and regulations.
6.1.2. The User further represents and warrants to In the Gap Clothing that:
6.1.2.1. There are no claims, demands, or any form of litigation pending, or to the best of
the User’s knowledge threatened, with respect to any content used, or proposed
to be used, by the User;
6.1.2.2. In the Gap Clothing will not be required to make any payments, or compensation,
to any person in connection with its use of such content; and
6.1.2.3. Such content does not contain viruses, or any other programs or technology,
which disrupts or damages the In the Gap Clothing website, and/or the request
for In the Gap Clothing’s services, provided.

6.2. In the Gap Clothing’s warranties:
In the Gap Clothing represents and warrants to User that it has the right to grant access to and
use of, the In the Gap Clothing website and grant requests for In the Gap Clothing’s services,
subject to, and in accordance with, these Terms and Conditions.
6.3. Caveats:
6.3.1. In the Gap Clothing provides the In the Gap Clothing website and request for In the Gap
Clothing’s services on "as is" (voetstoots) and "as available" basis.

6.3.2. Nothing in these Terms and Conditions shall be, or may be construed as, a representation
or warranty by In the Gap Clothing that the functionality or operation of the In the Gap
Clothing website and/or the request for In the Gap Clothing’s services will:
6.3.2.1. be uninterrupted or free of errors and inaccuracies;
6.3.2.2. meet the User and/or Client’s requirements; or
6.3.2.3. operate in the configuration, or with the hardware, or with the software, used by
the User and/or Client.

6.3.3. The User acknowledges and agrees that the In the Gap Clothing website and the request
for In the Gap Clothing’s services (as with technology generally), may have errors (or bugs)
and may encounter unexpected problems. Accordingly, the User may experience
downtime and errors in the use or operation of the In the Gap Clothing website and/or
request for In the Gap Clothing’s services.
6.3.4. In the Gap Clothing does not, and cannot, control the flow of data and information
through the internet, and such flow depends on the performance of persons and entities
whose actions or inactions may produce situations in which connections to the internet
(or portions thereof) are impaired or disrupted and for which In the Gap Clothing is not
liable.
6.3.5. In the Gap Clothing does not warrant that any data, information or other content provided
on the In the Gap Clothing website, whether concerning any goods or services or any
other subject, is complete or accurate.
6.4. Exclusion of implied warranties:
SUBJECT ONLY TO CLAUSE 6.1 , ALL CONDITIONS, WARRANTIES, REPRESENTATIONS,
INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER
GOODS OR SERVICES THAT MAY BE PROVIDED BY IN THE GAP CLOTHING, THAT WOULD
OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS
BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-
INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
6.5. No representation or reliance:
6.5.1. The User and/or Client acknowledges that neither In the Gap Clothing, nor any person
acting on In the Gap Clothing’s behalf, has made any representation or other inducement
to the User and/or Client to enter into these Terms and Conditions.
6.5.2. The User and/or Client acknowledges and confirms that the User and/or Client does not
enter into this contract subject to these Terms and Conditions, in reliance on any
representation or other inducement by or on behalf of In the Gap Clothing, except for
representations or inducements expressly set out in these Terms and Conditions.

7 EXCLUSION AND LIMITATION OF LIABILITY:
7.1. Subject to law:
7.1.1. Nothing contained in these Terms and Conditions excludes, restricts, limits or modifies
any:
7.1.1.1. Implied condition, warranty or other term of these Terms and Conditions where
pursuant to applicable law to do so, is unlawful or void; or
7.1.1.2. Liability in respect of a breach of these Terms and Conditions where pursuant to
applicable law to do so is unlawful or void; or

7.1.1.3. Liability for fraud or deceit; or
7.1.1.4. Liability for death or personal injury caused by the negligence of either party.

7.2. Exclusion of liability:
7.2.1. Clause 7.2 is subject only to Clause 7.1 .
7.2.2. In no event shall In the Gap Clothing be liable to the User or any person, under these
Terms and Conditions, or in connection with these Terms and Conditions, in respect of the
use of (or failure or performance of) the In the Gap Clothing website and/or a request for
In the Gap Clothing’s services, including but not limited to, in the following instances:
7.2.2.1. Malfunctions, failures, defects, acts or omissions or any other default or liability
caused, directly or indirectly, by:
7.2.2.1.1. any third party;
7.2.2.1.2. actions of the User that were not expressly authorised by In the Gap
Clothing;
7.2.2.1.3. accidents, power surge or failure, events of force majeure, or events
outside In the Gap Clothing’s direct control;
7.2.2.1.4. misuse or abuse by anyone other than In the Gap Clothing;
7.2.2.1.5. alteration or modification of the In the Gap Clothing website and/or the
services provided by In the Gap Clothing;
7.2.2.1.6. any component or part of the In the Gap Clothing website and/or the
services provided, by anyone other than In the Gap Clothing;
7.2.2.1.7. products (including any hardware or software) or services not licensed or
supplied by In the Gap Clothing; or
7.2.2.1.8. any other condition not arising under normal operating conditions.
7.2.2.2. Any loss, cost, damage or expense, of any nature arising out of, or caused,
directly or indirectly, by any breach of the User’s obligations, responsibilities or
warranties set out in these Terms and Conditions;
7.2.2.3. Any loss of profit, interruption of business, loss of or damage to goodwill, and/or
any expectation of benefit;
7.2.2.4. The User’s liability to any person; or
7.2.2.5. Incidental, indirect, consequential, special, exemplary or punitive damages of any
nature, whether such liability is asserted on the basis of common or civil law, or
in equity, including pursuant to any statute, contract, delict (including negligence
or strict liability) or otherwise and notwithstanding that In the Gap Clothing has
been advised of the possibility of any particular loss or damage.

7.3. Links:
7.3.1. In the Gap Clothing may, in its sole and unfettered discretion, and without the User’s
consent, place links on the In the Gap Clothing website to other websites that are owned
or operated by other persons.
7.3.2. In the Gap Clothing cannot, and does not, warrant that the content of such websites is
accurate, complete, legal and/or inoffensive.
7.3.3. The User expressly acknowledges and agrees:
7.3.3.1. To clauses 7.3.1 and 7.3.2 above;
7.3.3.2. That In the Gap Clothing is not responsible for the operation of, or content
located on, any such website; and
7.3.3.3. That by choosing to link to these other websites, the User acknowledges and
agrees the User may not make any claim against In the Gap Clothing for any
damages or losses of any kind arising from the other website(s) and/or link(s).

7.4. Limitation of liability:
7.4.1. Clause 7.4 is subject only to clauses 7.1 , 7.2 and In the Gap Clothing’s express approval of
the User’s request for In the Gap Clothing’s services as per clause 2.2 .
7.4.2. In the Gap Clothing's sole liability to the Client for any and all breaches of any terms of
these Terms and Conditions, whether express or implied, shall be limited to the
substitution, or replacement, of any product or service that has been ordered using the
In the Gap Clothing website and paid for by the Client after In the Gap Clothing’s express
approval of the User’s request for In the Gap Clothing’s services.
7.5. Indemnity:
7.5.1. The User shall indemnify and hereby releases In the Gap Clothing unconditionally, without
set off or adjustment, against and from any liability, loss, cost, expense or damage,
including all legal fees, arising from or relating to:
7.5.1.1. The User’s use of the In the Gap Clothing website, and/or request for In the Gap
Clothing’s services, and/or the media or content posted or uploaded by the User,
including any alleged or actual violation of any law directly or indirectly arising
from such use;
7.5.1.2. Any breach or alleged breach by the User of these Terms and Conditions;
7.5.1.3. The misuse or misappropriation of the media or content referred to in clause
7.5.1.1 above; and
7.5.1.4. Any infringement, or alleged infringement, by the User of any person’s
Intellectual Property Rights, including but not limited to copyright rights,
trademark rights or patent rights, rights of privacy, anywhere in the world.

 

8 TERMINATION:
8.1. In the Gap Clothing may immediately terminate this contract at any time, with or without
cause, without providing a reason and/or explanation to the User and the Client.
8.2. Upon such termination by In the Gap Clothing, any or all rights and privileges granted to User
and/or Client in terms of these Terms and Conditions shall be terminated, including but not
limited to:
8.2.1. Suspending the User and/or Client’s access to and/or use of the In the Gap Clothing
website; and
8.2.2. Suspending the User and/or Client’s ability to request the services provided by In the Gap
Clothing.

8.3. In no event shall any such termination by In the Gap Clothing relieve the User and/or Client of
any obligation that has accrued under these Terms and Conditions prior to the date of such
termination.
8.4. The User may terminate the contract at any time by ceasing to enter the In the Gap Clothing
website and requesting to use In the Gap Clothing’s services.
8.5. Cooling-Off Right:
Should a Client have entered into a contract for In the Gap Clothing’s services as a result of
direct marketing as defined in the Consumer Protection Act 2008, the Client’s attention is

drawn to the rights inferred upon them in terms of section 16(3) of the Consumer Protection
Act, in terms of which the Client may terminate this agreement, without reason or penalty, by
written notice to In the Gap Clothing within a 5 (five) business day period after the date on
which the Client accepted In the Gap Clothing’s quotation, and to have any amount already
paid by them in terms hereof refunded in the event of such termination.
8.6. Effect of termination:
8.6.1. On any expiry or termination of the Contract and these Terms and Conditions:
8.6.1.1. In the Gap Clothing may delete any websites, web pages, files, graphics, media or
other content or material relating to User and/or Client’s use of the In the Gap
Clothing website and/or In the Gap Clothing’s services; and
8.6.1.2. In the Gap Clothing shall have no liability to User and/or Client and/or any person
for doing so.

8.6.2. The expiry or termination of the Contract and these Terms and Conditions shall not
prejudice or affect any cause of action, right, remedy or defence which shall have accrued
or shall thereafter accrue to either party.

9 GENERAL:
9.1.1. Quotations provided by In the Gap Clothing to the Client are valid for a period of 21 calendar
days.
9.1.2. It is expressly agreed by the Client that goods remain the property of In the Gap Clothing until
paid for by the Client in full, and will only be dispatched by In the Gap Clothing after successful
payment is received.
9.1.3. In the Gap Clothing works on a made-to-order basis and some items could take up to two (2)
weeks to be ready for delivery to the Client.
9.1.4. In the Gap Clothing products are individually hand printed, and slight variations may occur in
colour and style of clothing and prints. Cotton-rich products may show signs of shrinkage after
wash.
9.2. Severability:
9.2.1. If a clause, or any part of any clause, of these Terms and Conditions, or a right or remedy
of a party under these Terms of Use, is found to be void, invalid or unenforceable by any
court or tribunal having jurisdiction in respect of this Contract, then:
9.2.1.1. Such a clause, or part of a clause, shall be read down or severed in that
jurisdiction only to the extent that it is void, invalid or unenforceable; and
9.2.1.2. Such a reading down or severing does not affect the validity or enforceability of:
9.2.1.2.1. the remaining terms or clauses in the contract; and
9.2.1.2.2. that term or clause in other jurisdictions.

9.3. Variation:
9.3.1. In the Gap Clothing may unilaterally, in its sole and unfettered discretion, amend these
Terms and Conditions at any time, and the User and Client hereby agrees to abide by and
be fully bound by such amended terms.
9.3.2. The amended terms shall be effective automatically and immediately once they are
posted on In the Gap Clothing’s website.
9.3.3. The User’s continued access and use of In the Gap Clothing’s website, and the User’s
request for In the Gap Clothing’s services, after such posting on In the Gap Clothing’s
website constitutes the User’s unequivocal and unconditional acceptance of the amended
terms and conditions.
9.3.4. These Terms and Conditions may not be otherwise amended.
9.3.5. If the User does not agree to any amendments to these Terms and Conditions, or to any of
the current terms and conditions, the User’s only right and remedy is to cease using In the
Gap Clothing’s website and to cease requesting the use of In the Gap Clothing’s services.
9.4. Waiver:
A waiver, consent, election or acquiescence given by In the Gap Clothing to a party under
these Terms and Conditions, is only effective and binding if it is in writing.
9.5. Assignment:
In the Gap Clothing may at any time transfer, assign, novate or otherwise dispose of any part
of, or all of, its rights or obligations under this Contract and these Terms and Conditions,
provided that In the Gap Clothing gives the User and/or Client five (5) calendar days’ notice
in writing.
9.6. Governing Law and Jurisdiction:
9.6.1. This Contract and its termination shall be governed by, and construed in accordance with,
the laws of the Republic of South Africa.
9.6.2. In the Gap Clothing and the User and/or Client agree that all legal action based on any
claim arising under or out of this contract must be determined in accordance with South
African law, and filed and prosecuted in a court of competent jurisdiction located in the
Republic of South Africa.
9.6.3. In the Gap Clothing and the User and/or Client hereby expressly consent and irrevocably
submit to the jurisdiction of such court in respect of all legal action or proceedings arising
out of or in connection with this Contract, its implementation, interpretation and/or
termination.
9.6.4. The User and/or Client hereby expressly consents to the jurisdiction of the Magistrate’s
Court in respect of any action or proceedings which may be brought in connection with
this Contract, notwithstanding that such action or proceedings would otherwise be
beyond such jurisdiction, without prejudice to In the Gap Clothing’s right to institute
action in the High Court having jurisdiction.

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