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Terms & Conditions

TERMS & CONDITIONS

STAND A CHANCE TO WIN 1 OF 10 R10,000 SNEAKER SQUAD VOUCHERS!!

By entering the ‘Sneaker Squad” competition at any Footgear Store, all participants are to be bound by these terms and conditions.

By submitting your information to Footgear, you consent to Footgear processing your personal information in for the purposes of entering into the competition and receiving such information relating to the competition. For more information see below.

Process:

In order to be eligible to enter the competition, a participant:

  • Must be a Footgear customer who has made a valid purchase from a participating Footgear store during the competition period
  • Must consent to providing a Footgear cashier at the participating stores with your name, mobile number, e-mail address & gender for the purposes of being entered into the competition
  • Must be residing in the Republic of South Africa
  • Must have a valid South African mobile number
  • Must be able to produce official identification for the winner

Entrants under the age of 18 must obtain the permission of their parents or guardians before entering this competition.

All participants who meet the eligibility requirements set out above will be automatically entered into the draw.

All participants, by entering into this competition expressly acknowledge that they have been given an appropriate opportunity to first read these terms and conditions and confirm that they understand and agree to be bound by these terms.

The following persons and entities are not eligible to participate in the competition:

Directors, member, partners, employees or agent of or consultant for the Footgear Group of companies as well as their immediate family and/or partners or such other person who directly or indirectly controls or is controlled by Footgear or the suppliers of the goods and/or services in connection with this competition.

How to enter: 

By providing the cashier at the participating stores with your name, mobile number, e-mail address & gender, you have gained an automatic entrant into the competition.

Customers may enter more than once during the competition period.

The competition period: 

The competition opens on 02 November 2021 – 31 January 2022. Entrants received after 31 January 2022 will not be considered. There are no entry fees to participate in this competition.

The prize: 

The prize is the following:

1 x R10,000 Footgear voucher for each winner.

Vouchers will be issued in the form of a Wicode.

10 x winners will be drawn by random selection on 9 February 2022.  The judge’s decision is final and no correspondence in this regard will be entered into. The draw will be under the supervision of an independent attorney and/or accountant.

Call us on 021 914 6393 for queries regarding the competition.

The prizes are not transferable and cannot be exchanged for cash or any other item.

If for any reason Footgear is unable to provide any of the prizes or should the prize become unavailable for any reason whatsoever, Footgear will, in its sole discretion award the winners with an alternative of a similar value.

The participants will not be required to present at the premises of Footgear or any other venue at the time of the draw taking place or when the winners are announced.

We do not make any representations or give any warranties as to the prize and in particular, we make no representations and give warranty that your entry or participation in this competition will necessarily result in you winning a prize, that the prize or any aspect thereof will meet your requirements, preferences, standards or expectations or that the prize or any aspect thereof will be satisfactory, punctual, free from defects, safe and reliable.

The Winner: 

The winner will be contacted telephonically and/or via  SMS or email. Footgear reserves the right to disqualify the winner if he/she does not respond to the telephone call/e-mail within 5 working days of being contacted. Footgear will then be entitled to draw another winner.

The winner may contact Shawna on shawna@footgear.co.za for further information.

Should a minor be selected as the winner, the legal guardians or parents of the minor is required to provide proof of their identification in order to receive the prize on behalf of the minor.

You may not win a prize if it is unlawful for Footgear to provide such a prize to you. If you do win, the prize will be forfeited, and Footgear will be entitled to draw another winner.  Footgear reserves the right to audit the winners to verify their eligibility to win the prize.

The winners will be invited to participate in publicity related to the competition, this includes the publication and announcement of their names and photos as winners of the competition on the official Footgear social media accounts and websites, including the official Facebook page, Instagram page and/or Twitter Page as linked below –

https://www.footgear.co.za/

https://www.facebook.com/Footgear

http://instagram.com/footgearza

https://twitter.com/FootgearZA

Winners will be informed beforehand of Footgear’s intention to make use of their names and photos for the purposes of posting official winner announcements to the abovementioned social media accounts and the Footgear website and the winners may decline such invitation to participate in the publicity of the competition.

The winners will not be entitled to any remuneration, fee or royalty for their participation in such publicity activities.

This promotion is in no way sponsored, endorsed or administered by, or associated with the Facebook group of companies and their respective websites and social networking platforms or on any social media platform on which this competition may be advertised.

Terms and Conditions Relating to Advertised Products:

R100 OFF ALL ROCKY, BRONX & RENEGADE FOOTWEAR | 10 MAY – 6 JUNE 2022

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores, including online.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.

20% OFF CLASSIC FOOTWEAR | 10 MAY – 6 JUNE 2022

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores, including online.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.

50% OFF SELECT VIVA FOOTWEAR | LIMITED PERIOD ONLY

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores, excluding online.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.

DAILY DEALS

  • Promotion is valid during the specified date range (dates communicated on social media posts)
  • Promotion available online for one day only. While stocks last.
  • Promo price will automatically scan at check out
  • Applicable to genders and colours as specified on advertised material
  • Not applicable to items already on promotion.
  • Lay-buys are not accepted.
  • Limited stock available
  • Management reserves the right to limit quantity.

VIVA COMBO DEALS | WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores. Including online.
  • System will automatically scan discount price at check out.
  • Applicable to all genders within the specified brand.
  • Applicable to select Viva footwear.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store

GUESS GOLFERS 2 FOR R600 | 14 SEPT – WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores. Excluding online.
  • System will automatically scan discount price at check out.
  • Applicable to all genders within the specified brand.
  • Applicable to select guess golfers.
  • Not applicable to items already on promotion.
  • Lay-buys are not accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.

40% OFF SELECT FOOTWEAR | WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores. Excludes online sales.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion & exclude Converse Core styles.
  • Lay-buys not accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
  • Savings are based on retail recommended selling price.

UP TO 60% OFF SELECT CLOTHING | WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores. Excludes online sales.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion & exclude Converse Core styles.
  • Lay-buys not accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
  • Savings are based on retail recommended selling price.

40% OFF SELECT ACCESSORIES | WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores. Excludes online sales.
  • System will automatically scan discount price at check out.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion & exclude Converse Core styles.
  • Lay-buys not accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
  • Savings are based on retail recommended selling price.

Marketing and Promotional Material: 

We invite the participants to participate in any of Footgear’s marketing activities including receiving electronic communications from the company advertising forthcoming promotions, newsletters and future competitions for which no fee, royalty or compensation will be payable You may decline such an invitation or opt out of receipt of such marketing material at any time.

Should the participants consent to receive any marketing and promotional material, such information will be communicated by way of electronic means including via SMS or email. In this respect, participants must provide correct and up to date personal details at the time of entering into this competition.

Should any participant no longer wish to receive such marketing communications must send an email to info@footgear.co.za.

General Terms and Conditions 

Footgear (Pty) Ltd provides the information contained on this website and the pages comprising the website (“website”) and advertises the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Footgear or the services made available from time to time via the website.

Content of the Website Whilst every effort is made to update the information provided on this website on a regular basis, Footgear makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Footgear reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

Footgear collects and uses the personal information of participants to allow them to enter the competitions, comply with the audit requirements as set out in the Consumer Protect Act and to determine the winners of the competition.

Footgear, as a responsible party as defined in the Protection of Personal Information Act may not share any personal information relating to the participants and/or winners with any third parties without the consent of such participants. The personal information of the participants will only be processed for the purposes of fulfilling the requirements of the competition and for the purposes of providing marketing and promotional material to the participants as set out in our Privacy Policy. The privacy notice is available here: Privacy Policy.

By participating in the competition, the participants and winners agree to indemnify Footgear, and release and hold Footgear harmless against any and all losses, damages, rights, claims and actions of any kind in connection with this competition or resulting from acceptance and participation in the competition including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy.

Footgear reserves the right to terminate or suspend this competition immediately and without notice for any reason which we deem necessary. In the event of such termination or suspension, all participants agree to waive any rights, interests, or expectations that they may have had in terms of this competition and acknowledge that they will have no recourse against Footgear or its affiliates.

The
winner agrees that by entering this competition they give authorization that
Footgear may send marketing communication to them.

The
winner agrees that Footgear may publish his or her name and photo on the
official Facebook page, Instagram page and website of Footgear.

https://www.footgear.co.za/

https://www.facebook.com/Footgear

http://instagram.com/footgearza

https://twitter.com/FootgearZA

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

GENERAL TERMS AND CONDITIONS:

Footgear(Pty) Ltd provides the information contained on this website and the pages comprising the website (“website”) and advertises the products to
you, subject to the terms and conditions set out herein and as may be
referenced herein (“the terms”) unless otherwise stated. For the
purposes of these terms, “products” means those items offered for
sale by Footgear or the services made available from time to time via the
website.

CONTENT OF THE WEBSITE:

Whilst every effort is made to update the information provided on this website on a
regular basis, Footgear makes no representations or warranties, whether
express, implied in law or residual, as to the accuracy, completeness or
reliability of any information, data and/or content on the website from time to
time. Footgear reserves the right at any time to change or discontinue without
notice, any aspect or feature of the website and any information, data and/or
content on the website.

://instagram.com/footgearza
https://twitter.com/FootgearZA

 

 

Introduction

This website can be accessed at www.footgear.co.za (“the Website”).

These Website Terms and Conditions (“Terms”) governs the advertising and sale of an extensive range of services, goods and products including apparel, footwear, and all items found in a Footgear store (“Products”) as may be offered by Footgear on the Website from time to time.

These Terms are binding and applies to every person that accesses or uses the Website or registers as a user (“you” or “your”). By using the Website and/or by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.

If there is any provision in these Terms that you do not understand, it is your responsibility to ask Footgear to explain it to you before you accept the Terms or continue using the Website. Footgear permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.

Important Notice

These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”) and contain provisions that appear in similar text and style to this clause and which

  • may limit the risk or liability of Footgear or a third party; and/or
  • may create risk or liability for you; and/or
  • may compel you to indemnify Footgear or a third party; and/or
  • serves as an acknowledgement, by you, of a fact.

Your attention is drawn to these Terms because they are important and should be carefully noted. Nothing in these Terms 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 Footgear in terms of the CPA.

Acceptance of these Terms

By accessing and/or using the Website, you agree to be bound by the Terms.

Footgear may at any time modify any of the Terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the Website and each time that you access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.

Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, Footgear makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Footgear reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Registration and Use of Website

Only registered users may purchase Products on the Website

If you use the “quick” / “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“password”)

Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password (“password”) or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your “Access Codes”.

You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.

On receipt of such notice from you, Footgear reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Footgear and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Footgear.

Footgear may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.

You agree that Footgear will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.

By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Footgear representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Footgear representative.

Verification

You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Footgear electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Footgear and you will be bound by such instruction with no liability of whatever nature attaching to Footgear in regard thereto. You waive any rights that you may have or obtain against Footgear arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Footgear acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Footgear against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Footgear has acted on your instructions/orders or instructions/orders which purported to emanate from you.

Orders, Confirmation & Delivery

The advertising of Products via the Website merely constitutes an invitation by Footgear for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.

As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Footgear cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Footgear, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to info@www.footgear.co.za or by contacting the head office on +27 21 914 6393.

Once you have selected the Product you wish to purchase and submitted your order to Footgear, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “proceed” or “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the Product/s selected by you (“order”) and the order can be withdrawn by you.

Footgear reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Footgear to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.

Please note: A transaction will only be deemed to have been concluded once the product/service in question has been delivered in accordance with the selected delivery option or agreed process. Footgear will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Footgear come into effect (the “Sale”). This is regardless of any communication from Footgear stating that your order or payment has been confirmed. Footgear will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

We reserve the right to withhold approval and / or cancel orders at our sole discretion.

Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products. If your chosen item is the last in stock, it is reserved in your cart for 30 mins, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Footgear liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

Delivery times are estimated times only and we are not liable for any late deliveries.

We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Footgear approves your application you may be required to sign additional terms & conditions, which will form the basis of Footgear’s agreement with you. A copy of these terms can be obtained by calling our helpdesk on +27 21 914 6393. If you do not agree to these additional terms & conditions, then your application will be cancelled, and you will not be entitled to use or access the product or service you have subscribed to. Risk in the products shall pass to you or your authorized representative on delivery.

Delivery Policy

Delivery of the product will be to the delivery address entered at the time of placing your order. Please note that we can only deliver to physical addresses within the borders of South Africa.

Deliveries will take place between 09h00 and 17h00 from Mondays to Fridays, excluding public holidays.

Currently we only offer a Standard Delivery service of 5 – 10 business days upon acceptance of your order. Our ability to deliver is always subject to certain factors, including the availability of products and the supply of accurate delivery address details, which may from time to time result in a delayed delivery. Delivery times quoted are therefore a guide only.

All orders over R650.00 qualify for FREE delivery, and is applicable to all areas within South Africa.

For orders less than R650.00 the following delivery fees will be charged at checkout per order, and are determined based on the delivery address:

Local (Cape Town):         R60.00

Main Centre:                  R80.00

Regional/Township:      R130.00

Remote:                       R250.00

We reserve the right to amend the delivery fees from time to time.

Please note that delivery fees are non-refundable.

Your delivery will be made through Dawnwing. To track your order or for information on their Terms & Conditions please refer to www.dawnwing.co.za

We reserve the right to contact you and arrange alternative delivery methods and timelines should the delivery be unfeasible for whatever reason.

You need to ensure that you or your authorised representative is available to accept delivery at the arranged date, time and address, and that the courier can access the delivery premises.

Should no one be at the delivery address to accept delivery, we will contact you to arrange an alternative time. If, after 3 attempts we are unable to deliver, or should we deem it necessary under the circumstances, we reserve the right to cancel the order and to deduct any additional charges incurred in respect of the failed delivery attempts from any refund due to you.

Upon delivery, you or your authorised representative will be required to produce identification and to sign the waybill confirming the parcel/carton has been received undamaged and in good condition.

In the unlikely event that the parcel/carton is damaged then you can either:

  • Not accept delivery and note the reason for non-acceptable on the waybill, which must be counter signed by the courier.
  • Open and check the parcel in front of the courier and note any damage or missing items on the waybill, which must be counter signed by the courier.

Should there be no notes on the waybill/delivery slip, we are entitled to regard the goods as having being delivered in undamaged and good condition.

All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the contract, risk shall pass at the date when delivery would have occurred but for the breach.  From the time when risk passes to you, we will not be liable for loss or damage of the product.

You must take care opening the packaging so as not to damage the product, particularly when using sharp instruments.

It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual specifications. You acknowledge that the products are standard and are not bespoke to fit any particular requirements that you may have.

For any queries regarding delivery, please call 087 291 4701 or email onlinesales@www.footgear.co.za for assistance. Please have your order number accessible.

Footgear has outsourced all delivery services and shall not be liable for any damage suffered or losses incurred arising out of any act or omission by the deliverer, its’ directors, employees, sub-contractors, agents or representatives. Footgear reserves the right to refuse service, cancel orders and terminate accounts at the company’s discretion.

Performance and Availability of Products

Footgear endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Footgear in these instances.

You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.

When Products are no longer available Footgear will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Footgear will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you. For information on guarantees applicable to Products purchased by you, please see our warranties / guarantee policy.

Payments

We accept payments via EFT, credit card, debit card.

Debit/Credit card payments:

We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.

Payment will be effected on acceptance of your order and prior to delivery.

By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.

EFT / Instant EFT payments:

If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.

Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

Full Name: Footgear (PTY) Ltd.

Physical address: Unit F10, Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300.

Telefax number: +27 21 914 6549

Telephone number: +27 21 914 6393

Website address: http://www.footgear.co.za

E-mail address: info@www.footgear.co.za

Company Registration Number: 2001/029722/07

Credit Provider Number: NA

Vat Registration Number: 4390174235

Country of Incorporation: South Africa

Director Details: Available at info@www.footgear.co.za

Physical Address for Receipt of Service: Unit F10, Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300. A full record of your transactions can be accessed by clicking here. You may request a record of your transaction for up to 90 (ninety) days after which we will not be obligated to keep any records of your transactions.

Returns

Please refer to the refunds policy, which sets out our policy regarding returns or exchanges. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.

Cancellations

You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event:

  • you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order, excluding delivery charge where applicable;
  • you undertake not to utilise the Products;
  • your agreement of purchase will be deemed to have been cancelled, and
  • you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.

If for any reason you would like to cancel an order this may be done by emailing onlinesales@www.footgear.co.za or by telephone on +27 21 271 0323. You will only be able to cancel orders prior to them being dispatched to the courier. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.

Vouchers

Vouchers are issued in Footgear’s sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.

As a general rule, and unless specified otherwise on the specific Voucher itself:

  • Each Voucher can only be used once
  • Only one Voucher can be used per person per promotion/campaign on the Website;
  • A Voucher must be used at check-out.
  • It cannot be used later on existing orders; and
  • The value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
  • All vouchers can only be used in-store.
  • Only one voucher can be used per transaction. This applies to vouchers issued by Footgear or third party campaigns.

Vouchers cannot be used to buy other Vouchers, and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Footgear to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order. Footgear is not responsible for any loss or unauthorised use of a Voucher.

Privacy and Security

All personal information obtained by Footgear by virtue of your use of this Website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Footgear to protect information transmitted via the Website are also set out in the privacy and security policy.

Protection of Personal Information

When you share your information with Footgear, we will not share your information with a third party. However, in some instances, you may also be sharing your information with other companies that help us provide services to you e.g. the company that delivers your online shopping.

We use your personal information to create a profile for you. We keep your personal information private, and only disclose it to other companies if you ask us to, or if they need it to help us provide services to you. To learn more about how we use your personal information, please see our Privacy Policy here.

By creating an account, you consent to letting us process your personal information for the purposes of sending you information, keeping up to date with customer trends and improving your customer experience.

Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively “the materials”) are owned by Footgear alternatively, Footgear is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material.

Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Footgear.

Where any of the materials has been licensed to Footgear 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.

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on Website are registered and unregistered trademarks of Footgear. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Footgear.

External Links

External links may be provided for your convenience, but they are beyond the control of Footgear and no representation is made as to their content. Use or reliance on any external links provided is at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such external links or your reliance on any information contained thereon.

When visiting external links, you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Footgear.

Unlawful Use

You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Footgear against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Footgear or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.

Warranties, Disclaimers and Limitation of Liability

Save as set out in the Terms, Footgear makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website are provided “as is”.

Neither Footgear or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Products. Without limiting the generality of the foregoing, neither Footgear nor its directors shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third-party service provider to render any service which are necessary to ensure the availability of the Website.

You hereby indemnify Footgear or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Footgear shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the Products.

Without limiting the generality of the aforegoing, Footgear shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

By accessing the Website, you warrant and represent to Footgear that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Footgear or that you have obtained legal status in another manner.

Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Footgear, Footgear shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that Footgear will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible. In addition to the disclaimers contained elsewhere in these Terms, Footgear also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of the Company, its employees, agents or authorised representatives. Footgear thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Use of the Website

Footgear does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Footgear that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.

Address for Service

The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out above and the telefax number set out in the same paragraph. Footgear shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

General

Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Footgear in relation to your use of this Website. No indulgence or extension of time which either you or Footgear may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Footgear shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.

All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.

Should Footgear be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Footgear is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Footgear shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

For purposes of calculating any time periods GMT +2 shall be used.

These Terms and conditions shall apply to all transactions you conclude via this Website.

A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.

When you visit the Website, or send emails to us, you consent to receiving communications from us electronically. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Footgear on delivery/collection of the product or service.

Footgear (Pty) Ltd provides the information contained on this website and the pages comprising the website (“website”) and advertises the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Footgear or the services made available from time to time via the website.

Dispute Resolution

These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Footgear, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

That arbitration will be held with only you and Footgear and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Footgear. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.

Terms and Conditions for Competitions

As much as we love competitions, we need to adhere to the rules set out below. If you are unclear about the mechanics, prizes, entry requirements, or any other terms and conditions regarding the competitions offered by Footgear, please select a relevant accordion for more information.

Conclusion of Sales and Availability of Stock

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

FOOTGEAR
WIFI TERMS AND CONDITIONS OF USE

  1. Footgear
    (the “Company”) provides its customers with free wireless internet access (the
    “Services” or “WIFI”)for a period of 20 (twenty) minutes per customer
    per campaign.
  2. The
    Company offers the Services to you for activities such as the use of electronic
    mails, instant messaging, social media applications, browsing of the internet
    and such other activities to enhance your shopping experience.
  3. This
    agreement (“Agreement”) sets out the terms and conditions on which the
    complimentary Service is provided to you (“you” or the “user”) as a customer.
  4. The
    Service is provided to you on condition that you accept, without modification,
    the terms and conditions set out in this Agreement.
  5. By
    using the Service, you hereby expressly acknowledge and agree that; there are
    significant security, privacy and confidentiality risks inherent in accessing
    or transmitting information through the internet and that you have read and
    understood and agree to be bound by the terms of this Agreement and that by
    accessing the Services you consent to the associated risks.
  6. If
    you do not agree to be bound by the terms of this Agreement, you are required
    to immediately disconnect and/or terminate your access to the Service.
  7. Service
    availability

7.1   The
Company does not warrant that the Services will always be available to you or any
other customer or third person with access to the Services. The Services may,
at any time, be interrupted, modified, or curtailed due to maintenance and
repair work, equipment failures, power failures or such other events. The
Company is not responsible for any data, messages, or information that you
might lose, or which become misdirected due to the interruption of your access
to the Services.

7.2   The
Company makes no warranties or representations pertaining to the accessibility,
strength, speed, connectivity, stability or security of the Service and the
Company shall not be liable for any loss or damage suffered by you due to the
unavailability of the Service.

7.3   The
Service shall not be available at all Footgear retail stores and the Company
reserves the right to limit or otherwise terminate the Services at certain
premises without notice to you or other customers.

  1. Terms
    of Access to Service

8.1   Your
access to the service is at the sole discretion of the Company. Your access to
the service may be blocked, suspended, or otherwise terminated at any time for
any reason including, but not limited to –

8.1.1      any
breach of the terms of this Agreement on the part of the user;

8.1.2      actions
that may lead to liability for the Company or such actions giving rise to
special, direct, indirect, consequential, or incidental damages or loses
suffered by the Company;

8.1.3      disruption
or attempted disruption by the user of access to the Service for other users or
networks;

8.1.4      a
violation of applicable laws and regulations including –

8.1.4.1
transmitting information without authorisation
from the receiving party. This refers to the “spamming” of users and/or third
parties with unsolicited information, and/or committing an act that may
constitute an invasion of their privacy; or

8.1.4.2
sending of unsolicited bulk,
junk and/or commercial messages over the internet using the Service;

8.1.5      violating
or attempting to violate the intellectual property rights of the Company or any
other third party including, engaging in any activity that infringes or
misappropriates the intellectual property rights of others including patents,
copyrights, trade marks, service marks, trade secrets or any other proprietary
right of the Company and/or any third party;

8.1.6      accessing
any computers, accounts, equipment, or networks belonging to another party, or
attempting to penetrate or circumvent security measures of another system
without authorisation or consent. This includes any activity that may be used
as a precursor to an attempted system penetration, commonly referred to as
“hacking.” Examples of such activity include using port scans, stealth scans,
or other illegal or unauthorised information gathering activity;

8.1.7      the
transfer, download, duplication or “pirating” of technology, software, or other
materials in violation of applicable laws including property laws, copyright
laws, export laws and the relevant regulations;

8.1.8      making
use of threatening, intimidating, inflammatory, discriminatory, or abusive
conduct or language towards other users of the Service, customers, employees of
the Company or any third person whilst using the Services or while in the
vicinity of the Company’s premises;

8.1.9      using
the Service in violation of applicable laws and regulations, including, but not
limited to the unauthorised advertising or marketing to third parties; and

8.1.10    the
distribution, downloading or transfer of obscene or illegal content through the
Services.

8.2   The
Services are provided to you with the expectation that you will utilise it in a
lawful, professional, and responsible manner. The Company has the sole
discretion to terminate your access to the Services should it believe that your
conduct breaches the terms of this Agreement or any applicable law, regulation,
or public policy.

8.3   You
will only be able to access the Services if you are within range of the WIFI signal
within the select Footgear stores.

8.4   You
agree not to sell or re-broadcast any aspect of the Services, whether for
profit or otherwise.

8.5   Your
use of the Services is limited to your personal use only and the complimentary
Service is not refundable and/or transferable and cannot be redeemed for cash
or any other service.

8.6   The
Company shall not be required to provide you with any information, equipment, advice,
or assistance in respect of the use of the Services. You are responsible for
providing your own computer or mobile device capable of connecting to the
Services.

  1. Unacceptable
    Uses

9.1   The
Service may not be used to conduct the following activities –

9.1.1      high
bandwidth operations, such as large file transfers and media sharing with peer-to-peer
programs (i.e., torrents);

9.1.2      accessing
obscene or indecent materials;

9.1.3      using
the Service to transmit, post, upload, or otherwise make available defamatory,
abusive and/or intimidating material or language that encourages bodily harm,
destruction of property, constitutes the harassment of a natural or juristic
person or is intended to incite or encourage others to commit illegal acts;

9.1.4      distributing,
advertising, or transmitting malicious software (including viruses, worms,
trojan horses, pinging, flooding, mail-bombing, or denial of service attacks, etc)
and/or the distribution of information to educate others on the creation of
such malicious software for the purposes of gaining unauthorised access to the
Service or other systems, networks or devices operated or controlled by the
Company or any third party;

9.1.5      activities
that disrupt the use of or interfere with or attempt to dispute or interfere with
the ability of others to effectively use the Service or any connected network,
system, service, or equipment;

9.1.6      unlawfully
seeking information on passwords or data belonging to another user including
their personal information;

9.1.7      harm,
infringement or attempted harm or infringement of the rights of others;

9.1.8      unauthorised
use, variation, modification, reproduction, or distribution of the Company’s
intellectual property including its copyright, trade mark or other intellectual
property rights embodied in any logo, text, images, video, or other content
available to you through your use of the Services;

9.1.9      making
unauthorised copies or replications of proprietary software or offering
unauthorised copies of proprietary software to others; and/or

9.1.10    intercepting
or examining the content of messages, files, or communications in transit on a
data network that does not belong to you or was not reasonably intended to be
accessed or intercepted by you.

9.2   Where
the user engages in any of the activities listed above, the Company shall have
the right, where applicable and where such conduct constitutes unlawful
activity punishable under the laws of the Republic of South Africa, to report
the user and/or related parties to the South African Police Services.

9.3   Notwithstanding
the above, the listed activities constitute a breach of this Agreement, and the
Company shall be entitled to exercise its rights in respect of such breach
including but not limited to, seeking damages, specific performance, or such
other remedies available to it in terms of the law.

  1. Security

10.1 The
Company shall make every reasonable endeavour to provide safe and secure Services
however the Company makes no representations or warranties regarding the
security of the use of the Services or the security of any data, information or
messages transmitted by you or to you while using the Services.

10.2 The
Company cannot be held liable for any breach in security of the device that you
use to access the Services or any information you transmit while using the
Services.

10.3 You
are solely responsible for the security of your device, your information or
other data downloaded or transmitted using the Services.

  1. Website
    restrictions

11.1 Footgear
reserves the right to restrict access to any website accessible by you or other
customers when using the Service.

  1. Limitation
    of Liability

12.1 The
user agrees that the Company shall not be held liable, whether in contract,
delict or in terms of any applicable law for any direct, indirect, incidental,
special or consequential loss or damage of any kind whatsoever arising from
your use of the Services. This includes–

12.1.1    the
use or attempted of the Service;

12.1.2    The
user’s device or devices being exposed to any viruses, harmful applications,
software, or technology through the use of the Service; or

12.1.3    damage
or harm that arises from any issues with the security of the Service,
including, but not limited to, security breaches.

  1. Indemnity

13.1 You
hereby irrevocably and unconditionally indemnify the Company, its successors in
title, assignees, representatives, and related entities and agree to hold the Company
free from all loss, claims, damages, or costs arising out of or related to your
use of the Service.

  1. Privacy
    and Confidentiality

14.1 This
privacy notice forms a part of the Agreement and must be read in conjunction
with the Company’s Privacy Policy, available here.

14.2 Your
use of the Service and any information provided by you or processed by the
Company during any visit to a Footgear store providing the Service or use of
the Service is governed by the Company’s Privacy Policy and any applicable data
processing laws including but not limited to the Protection of Personal
information Act no. 4 of 2013.

14.3 Should
you provide the Company with your name, email address or cell number, this
information shall only be used for the purposes of –

14.3.1    connecting
the user to the Services provided; and

14.3.2    marketing
of the Company’s products or sharing information with you on upcoming promotions
and competitions via email or SMS. ‘

14.4 Please
refer to the terms of the privacy policy should you no longer wish to receive
marketing material, alternatively please contact us on info@footgear.co.za
should you wish to have your information modified or deleted from our database.

  1. General

15.1 The
wireless network is provided “as is” without warranties of any kind, either
expressed or implied.

15.2 The
parties agree and acknowledge that this Agreement sets out the whole of the
agreement between them and that there are no other agreements, guarantees, or
representations, either verbal or in writing, upon which any party is relying
in concluding this agreement.

15.3 The
Company reserves the right to amend the terms of this Agreement from time to
time including without prior written notice to the user.

This Agreement is
governed by the laws of the Republic of South Africa. Any dispute arising in
respect of this Agreement shall be referred to arbitration to be held in Cape
Town in accordance with the rules of the Arbitration Foundation of Southern
Africa provided that the Company shall be entitled in its sole discretion to
institute proceedings in the Magistrate’s Court or the High Court of South
Africa.o