These Terms of Service constitute a legally binding agreement between you (“you” or “your”) and  FiveWest OTC Desk Pty Ltd and its affiliates (“FiveWest”, “we”, “our'' and “us”). The Terms govern your use of FiveWest Services made available to you through the Portal or otherwise. By accessing FiveWest’s Site, registering a FiveWest Account, accessing the FiveWest Portal and/or using the FiveWest Services, you agree that you have read, understood and accepted these Terms together with any additional documents or terms, referred to in these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time. If you do not understand and accept these Terms in their entirety, you should not register for a FiveWest account or access or use the Portal or any FiveWest Service.  

1. Additional Documents

1. These Terms refer to a number of additional documents which also apply to your use of the FiveWest Services. This includes:

1. Our Privacy Notice, which details the terms on which FiveWest collects, uses and processes Personal Information and the safety precautions implemented to protect your Personal Information;
2. Our Risk Warning, which sets out important information on the risks of utilising FiveWest’s Services;
3. API Documentation, which sets out the process for obtaining the FiveWest API Keys and Secrets, as well as details about all the APIs that you can have access to;  and
4. Product Terms, which set out additional terms and conditions that will apply to your use of specific FiveWest Services:

5. Product Terms are only applicable to you in respect of the FiveWest Service that you utilise.
6. You acknowledge that you will be bound by, and agree that you will comply with the Additional Documents, including the terms and conditions that apply to your use of the FiveWest Service applicable to you.  

2. Eligibility

1. In order to register for a FiveWest Account and use the FiveWest Services, you must:

1. be an individual, corporation, legal person, entity or other organisation with full power, authority and capacity to access and use the FiveWest Services and to enter into and comply with your obligations under these Terms;
2. if you are an individual, be at least 18 (eighteen) years or older;
3. if you are utilising the Arbitrage Service, you must be a South African citizen or hold permanent residency in South Africa;
4. if you act as an authorised representative of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
5. not be dealing with or providing services directly to any prohibited countries including but not limited to Iran, Syria, Cuba, North Korea, Russia, Myanmar and Sudan;
6. not be in a jurisdiction where it would be illegal under the applicable law for you to access or use the FiveWest Services, or cause us or any third party to contravene any applicable law;
7. be approved on the FiveWest Portal and/or comply with any additional Compliance Policies implemented by FiveWest;
8. maintain your FiveWest Account by complying with any Compliance Policies implemented by FiveWest.  

2. FiveWest may amend our eligibility criteria at any time in our sole discretion.

3. Creating and Maintaining a FiveWest Account

1. You will be required to create and maintain a FiveWest Account in order to access the FiveWest Services and the FiveWest Portal.
2. FiveWest Accounts are activated at our absolute discretion. We reserve the right to refuse any application for a FiveWest Account without reason or to limit the number of FiveWest Accounts that you may hold.
3. By opening a FiveWest account you agree that:

1. where you are an individual user, you will use your FiveWest Account only for yourself and not on behalf of any third party, unless you have obtained our prior written consent to do so; and
2. where you are a business user, your Authorised Individual/s will use the FiveWest Account only for the benefit of the business and not on behalf of any third party, unless prior written consent has been obtained.

4. You are solely responsible for all activity on your FiveWest Account.
5. FiveWest implements and maintains the highest stands of “Know your Customer” processes and controls and is committed to combating fraud and assisting in the prevention of money laundering and terrorist financing. In order to meet these standards you are required to provide documentation and/or personal information and details prior to opening and creating your FiveWest Account and utilising FiveWest Services in accordance to comply with the applicable laws as well as FiveWest’s Risk Management and Compliance and any additional policies implemented by FiveWest.
6. FiveWest may require additional information or documentation for the purposes of complying with any applicable law or identity verification or any other valid reason during the business relationship. You agree to provide us with any such information we request. Should you fail or refuse to provide additional information and documentation upon FiveWest’s request or the additional information or the information and documentation does not meet FiveWest’s compliance policies, FiveWest has the sole discretion to suspend or terminate its business relationship with you. In addition, FiveWest has the sole discretion to suspend or terminate its business relationship with you at any time if you do not comply with FiveWest’s Compliance Policies.
7. You represent and warrant that any and all information and documentation provided is true, accurate, legitimate and not misleading or falsified in any respect. It is your responsibility to immediately notify FiveWest if any of your information needs to be updated and changed.
8. You are required to update your information and documentation on a regular basis to ensure your FiveWest Profile on the FiveWest Portal is up to date.
9. You acknowledge that FiveWest may utilise third parties or third party software in order to assist with the Know Your Customer process and your information and/or details may be shared or inputted with such third parties or third parties in accordance with the Privacy Notice and you consent thereof.
10. You can review our Privacy Notice to have more information about how your personal information is reviewed, processed and stored.

4. FiveWest Wallet

1. In order to have access to and utilise FiveWest Services, you will be required to deposit funds (supported fiat and/or crypto assets (which includes stablecoins) into your FiveWest Wallet which is connected to FiveWest’s Client Bank Account and/or the Ceffu Platform. Through this Wallet, you will be able to deposit and manage various types of supported fiat and crypto assets deemed acceptable by FiveWest from time to time.
2. After successfully creating a FiveWest account, you will be permitted to use the following Wallet functionalities:

1. to open and maintain your FiveWest Wallet as well as top up and save fiat and crypto assets (including stablecoins) that may be accepted by FiveWest from time to time;
2. to track and check your balances of your FiveWest Wallet;
3. withdraw your balance of your FiveWest Wallet either as a direct withdrawal into your nominated and approved bank account or by using a FiveWest Service to convert the crypto assets held in your FiveWest Wallet to fiat which will be deposited into your nominated bank account;
4. withdraw the crypto assets into your nominated and approved wallet address;
5. download a statement of account of your FiveWest Wallet activity;
6. other functionalities, FiveWest may provide from time to time as set forth and updated on the FiveWest Portal or Site.

5. Deposit, Withdrawal and Payments Policy

1. It is imperative that you only utilise the unique reference code that is provided to you on the FiveWest Portal when you deposit fiat into your FiveWest Wallet in order to ensure that the fiat is allocated correctly to your FiveWest Wallet. In order to ensure that the fiat is correctly allocated, proof of payment can be sent to [email protected].
2. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your FiveWest Account, you may give instructions to FiveWest to withdraw the balance or a portion thereof in your FiveWest Wallet by submitting a withdrawal request on the Portal. FiveWest will only transfer the fiat into a bank account that has been approved by FiveWest. In the event that you require the withdrawal to be made into a bank account of a third party, you will be required to submit further documentation as requested and required by Fivewest prior to the processing of the withdrawal.
3. FiveWest has complete discretion to refuse to process your request and transfer the balance into a bank account that has not be correctly KYC’d in terms of FiveWest’s compliance policies or if the requested documents have not provided to FiveWest and in no such event shall FiveWest, its affiliates (including representatives, directors, members, employees or agents) be liable for any damages or loss of any kind suffered by you as a result of such refusal or failure.  
4. If you are holding crypto assets in your Wallet and wish to withdraw the balance of your FiveWest Wallet, you may utilise one of FiveWest’s Services in order to convert the crypto assets into fiat and thereafter the same procedure and terms above shall apply, alternatively the crypto assets may be withdrawn to a wallet address once it has been approved by FiveWest.
5. If you want to withdraw the balance held in your FiveWest Wallet, you must issue a request to FiveWest through the Portal. FiveWest shall endeavor to process all withdrawals in a timely manner and within a 2 (two) Business Days period, however FiveWest cannot provide this as a guarantee and you indemnify FiveWest in the event there are any delays in payment fully in this regard. In certain exceptional circumstances, FiveWest will expedite withdrawal requests at the request of a client, however this is at FiveWest’s sole discretion and upon arrangement with the client.
6. Standard banking hours are applicable for withdrawals. FiveWest reserves the right to process crypto asset or fiat withdrawals during non-banking hours, however this is not guaranteed and FiveWest shall not be held liable for failure to act upon a withdrawal request during non-banking hours.
7. FiveWest will process withdrawals in accordance with the information/documentation provided by you and FiveWest shall not be held liable in the event that you have erroneously or incorrectly provided withdrawal instructions that contain any errors.

6. Funds received in error

1. In the event of the inadvertent receipt of any funds (whether in fiat or crypto assets) in your FiveWest Wallet or into your bank account or wallet address due to any type of error or mistake, you explicitly acknowledge and affirm that you possess no legal entitlement to these funds or any associated benefits. Upon becoming aware of any such erroneously received funds or upon notification received from FiveWest regarding the error, you shall return the funds (whether in fiat or crypto assets) within 1 (one) calendar day from identifying the error or receiving the notification of such error.  
2. FiveWest reserves the right to debit your FiveWest Wallet at any time in order to recover any (whether in fiat or crypto assets) funds that you may have received in error or without a valid legal basis. Furthermore, FiveWest may debit your FiveWest Wallet in the event there are any outstanding liabilities owed by you to FiveWest. By accepting these terms, you acknowledge and consent to such debiting, which may be executed against any available funds held in your FiveWest Wallet.
3. Should you receive any funds erroneously and FiveWest debits your FiveWest Wallet or you are required to pay FiveWest the funds erroneously received, you hereby indemnify FiveWest and hold FiveWest harmless against any loss or damages suffered by you or any third party. .

7. Third Party Providers

1. FiveWest may utilse approved third party providers in order to provide you with the FiveWest Services. You acknowledge that your Know Your Customer information and documentation may be shared with the approved third parties in accordance with FiveWest’s Privacy Policy.
2. You acknowledge that you may be required to sign additional agreements or accept terms and conditions of these third parties in order to have access to these FiveWest Services.
3. You further acknowledge that FiveWest is independent from these third parties, therefore FiveWest has no control over the third parties actions or inactions.

8. Account Suspension/Termination

1. FiveWest reserves the right to, at any time restrict, suspend or terminate your FiveWest Account and/or FiveWest Wallet in the event that:

1. FiveWest, in our sole discretion, consider it necessary to carry out further identity verification or compliance checks;
2. If you provide, or it is suspected that you have provided, false or misleading information or refuse to provide information that we require for identity verification or to comply with FiveWest’s compliance policies;
3. If we suspect that your FiveWest Account, FiveWest Wallet and/or any FiveWest Service is the subject of an operational or other error, in which case we may be required to suspend access to your FiveWest Account and/FiveWest Wallet until such error is rectified;
4. If your FiveWest Account, FiveWest Wallet and/or a FiveWest Service has been or is being used in relation to any unlawful, fraudulent or prohibited activity or you are in breach of these Terms of Use or the Product Terms for a specific FiveWest Service;
5. If we reasonably suspect that your FiveWest Account and/FiveWest Wallet is or has been associated with, or poses a high risk of, money laundering, financing terrorism, fraud, or any other financial crime;
6. If we reasonably suspect you of taking any action that FiveWest considers to be a circumvention of FiveWest’s controls, including but not limited to opening multiple FiveWest Accounts;
7. If we reasonably suspect your involvement in any attempt to gain unauthorised access to any FiveWest Account;
8. If your transactions or yourself appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance;
9. If FiveWest has been compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority or upon a valid and reasonable request made by a regulatory body;
10. If your name appears on a government or international body sanctions list;
11. If you have breached any of the Terms of Service or Product Terms applicable to a FiveWest Service;
12. If you have breached a term of any Additional Documents;
13. If you do not comply with FiveWest’s compliance policies and obligations;
14. for any other reasonable reason.

2. You accept and agree that FiveWest is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your FiveWest Account and/or FiveWest Wallet, and shall have no liability to you in connection with the restriction, suspension or termination of your FiveWest Account.

9. Service Availability and Account Security

1. While FiveWest will do everything possible to provide continuous and uninterrupted operations, FiveWest does not provide any warranty in relation to FiveWest Services, Portal or Site. We do not guarantee that you will have continuous access or access without interruptions, delays, errors or loss of transmitted information, however FiveWest will continue to strive to provide you with seamless access to and usage of FiveWest’s Services, Portal and Site.  We do not guarantee that FiveWest Services will be available at any particular time or that FiveWest Services will not be subject to unplanned service outages, network congestion, maintenance or system error.
2. FiveWest shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic or other catastrophe or any other occurrence which is beyond our reasonable control.
3. FiveWest is entitled to suspend trading on any assets or pairs in its sole discretion. In the event that FiveWest suspends any trading indefinitely, the withdrawal facility will still be available to you, however you hereby indemnify FiveWest against any loss or claims and hold FiveWest harmless in this regard.
4. FiveWest is committed to maintaining security and has implemented industry standard protection for FiveWest Services, however in the event of a breach of the security of the Service, FiveWest Site or FiveWest Portal, you fully indemnify and hold FiveWest harmless in this regard.  
5. You are solely responsible for the safekeeping of your FiveWest Account and password. At all times, you and any Authorised Individual/s must maintain adequate security and control of your username and password as well as any additional security measures utilised to gain access to your FiveWest account. You are required to notify us if you have knowledge or have reason for suspecting that the security of your email account, username or password has been compromised or if there has been any unauthorised use.
6. FiveWest assumes no liability for any loss or consequences caused by authorised or unauthorised use of your FiveWest Account or transactions performed whilst utilising the Service/s.
7. It is imperative for you to understand that whoever has access to your FiveWest Account will have the ability to utilise certain FiveWest Services or provide certain instructions to FiveWest through the Portal, therefore it is your responsibility to ensure that whoever has access to your FiveWest Account is an Authorised Individual or has the necessary authority or approval to have access to the FiveWest Account or FiveWest Services.

10. Regulatory Changes

1. You acknowledge that regulatory changes may impact your ability to utilise Services.

11. Obligations and Liabilities

1. By opening a FiveWest Account and utilising any of the Services or carrying out any transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you and any Authorised Individual/s will not:

1. breach these Terms or any agreement entered into, or in connection with, these Terms, including but not limited to any Product Terms;
2. use FiveWest Services in a manner that violates public interests, public morals or the legitimate interests of others;
3. use FiveWest Services in a manner that will interfere, disrupt, negatively affect, or prevent other users from using FiveWest Services;
4. engage in fraudulent activities, or cause us to suspect that you or any Authorised Individuals have engaged in fraudulent activities and/or Transactions;
5. engage in any activity that is a violation or contravention of the laws of the Republic of South Africa or international laws;
6. provide false, inaccurate or misleading information in connection with your use of the FiveWest Services, in communications with us, or otherwise connected with these Terms.

2. You are solely responsible for determining whether a strategy or any transaction is appropriate for you according to your own personal objectives or the objectives of the legal entity, financial circumstances and risk tolerance and you acknowledge that you are solely responsible for any loss or liability therefrom.
3. You acknowledge and agree that the use of FiveWest’s Services is entirely at your own risk and accordingly, you assume full responsibility and risk of loss resulting from or relating to such use of the Services.  
4. You warrant and acknowledge that:

1. you are fully acquainted and are aware of the tax consequences arising from your use of the Services, including any tax remittances that you are liable to pay to any receiver of revenue;
2. you are solely responsible for your tax obligations arising from your use of the Services;
3. you are fully acquainted and are aware of any capital or exchange control restrictions arising from your use of the Services, including limitations on exporting capital or rights to capital without the necessary regulatory approval;
4. you will not use or take advantage of the Services to circumvent any capital or exchange control restrictions that you may be subject to.
5. You will provide us:

1. with all necessary co-operation concerning these Terms;
2. with all necessary access to information as may be required by us to provide the Services;
3. ensure that your network and systems comply with any specifications provided by us to you from time to time.

5. You acknowledge that various third parties, including but not limited to cryptocurrency platforms or exchanges, banking partners or any other legitimate third parties may be utilised in the provision of providing you with the FiveWest Services.  In no event shall FiveWest, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be held liable for any damages or losses of any kind and of whatsoever nature suffered by you as a result of an action or inaction caused by a third party. You further indemnify and hold FiveWest harmless in the event that the third party is liquidated, placed in business rescue, curatorship, hold or any other similar event or any change of structure or business model or breach of security and confirm that any claim will be directed towards the third party directly.
6. Notwithstanding any other clause in these Terms, in no event will FiveWest be responsible or liable to you or any other person or entity for:

1. any direct or indirect losses, including loss of profits, business or opportunities, damages or costs arising out of or in connection with these Terms, including but not limited:

1. any risk identified in the Risk Warning, as updated from time to time;
2. the operation of the protocols underlying any digital asset, their functionality, security or availability;
3. whether backed digital assets hold their value as against any asset, or if the issuer of the backed digital asset holds sufficient reserves in relation to any backed digital asset;
4. FiveWest’s reliance upon information received from you or that result from mistakes, omissions or interruptions;
5. any breach of these Terms of Product Terms;
6. regular or unscheduled maintenance or system error carried out including any service interruption and change resulting from such maintenance including system failure;
7. your inability to use or unavailability to use the Site, Portal or any FiveWest Service;
8. our decision to suspend or reject your application to open a FiveWest Account;
9. any suspension, termination, hold or restriction of access to any FiveWest Account or FiveWest Services;
10. any election by us to support or not support digital assets;
11. any breach of security of your email account or password;
12. losses caused to you by third party fraud or scams.

2. any loss of business, profits, special, punitive, aggravated, incidental or consequential damages whether arising out of or in connection with your FiveWest Account, the Site, the Portal, these Terms, the Product Terms, the Privacy Notice and/or any agreements entered into pursuant to, or in connection with, these Terms or otherwise.

7. In no event shall FiveWest’s total liability (if any) to you for any claim arising out of or as a result of these Terms or the Product Terms applicable exceed (in aggregate) the fees earned by FiveWest in connection with your use of your FiveWest Account in the six month period immediately preceding the event giving rise to the claim for liability.
8. The above restrictions or limitations of liability shall not apply in cases where FiveWest has acted fraudulently or negligently.

12. Standard Fees

1. Deposit Fees

1. FiveWest does not charge deposit fees for crypto or fiat deposits.

2. Withdrawal Fees

1. You will be charged a R50.00 withdrawal fee in respect of fiat withdrawals, which is subject to change.

3. You may be charged a 2% fee as an inter-exchange or switching chains fee.
4. All fees are subject to change and additional fees may be added to the FiveWest Services.

13. Intellectual Property

1. The Intellectual Property of FiveWest shall remain vested in FiveWest.
2. Intellectual Property means any creation of the mind that is recognised and/or capable of being protected by law from use by any other person, whether in terms of South African law or foreign intellectual property law, including but not limited to source code, methodologies, specifications and formulae, procedures, processes, plans, data, diagrams, photographs, know-how, marketing and production techniques and designs, models, systems, reports, statements, templates, products, services, software, software tools, utilities, memoranda, reports, prototypes and computer modeling, trade names, the Domain Names, the Software trade secrets, inventions, trade marks, designs, API and API Documentation, copyrightable works, whether registrable, registered or the subject matter of an application for registration or not; and all statutory intellectual property, including all patents, design and trade mark registrations and copyrighted works, owned by Fivewest or used by the Fivewest in connection with its business.
3. FiveWest grants you a non-exclusive license, limited, non-transferrable, non-sublicensable for the duration of these Terms, or until we suspend or terminate your access to the FiveWest Services, whichever is sooner, to use the FiveWest Intellectual Property, excluding any trademarks, solely as necessary to allow you to receive the FiveWest Services for non-commercial personal or internal business use, in accordance with these Terms. You are prohibited to use FiveWest’s Intellectual Property for resale or commercial purposes and from using FiveWest’s Intellectual Property in any way not expressly authorised by these Terms.
4. You shall have no right to alter, amend, replicate or otherwise use for commercial gain any of the Intellectual Property belonging to FiveWest without the express prior written consent.
5. FiveWest does not transfer any rights to or against FiveWest’s Intellectual Property to you or any third party. All the text, graphics, user interfaces, visual interfaces, photos, sounds, processes, API, computer code, programs, software and content is exclusively owned, controlled and/or licensed by FiveWest.

14. Disclaimer

1. You acknowledge that FiveWest’s Services and any related products or services are offered strictly “as is” and “where available” basis and FiveWest expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, FiveWest Service and any related products and services are offered without any warranty.
2. FiveWest reserves the right to record all telephonic conversations and if any instructions or information is provided for FiveWest Services, the conversation will be recorded.

15. Compliance with Laws

1. It is your responsibility to abide by the laws in relation to the legal usage of FiveWest’s Services in its local jurisdiction as well as other laws and regulations applicable to you. You agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of your jurisdiction that may be applicable to the use of the Service, including but not limited to, those related to taxation, export or import activity or foreign currency transactions.
2. You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through FiveWest’s Services and for collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

16. Privacy Notice

1. Please refer to the Privacy Notice to review how FiveWest collects, processes and stores your Personal Information through the FiveWest Site, Portal and through the FiveWest Services.

17. Marketing Material

1. During the term of the business relationship, you authorise Fivewest the right to use names, trade names, trademarks, service marks or copyrighted material for the marketing material of Fivewest. Fivewest undertakes to inform you prior to such usage and you have the right to dispute or reject such authorisation.

18. Disputes and Complaints

1. In the event that there is a dispute or claim, you agree to notify FiveWest in writing within 30 (thirty) days of such complaint or dispute arising.
2. To the maximum extent permissible by law, you agree to waive any right to commence or participate in any class action or other representative action or proceeding against FiveWest and you agree to only bring any dispute or claim in your individual capacity.
3. As a financial service provider, FiveWest is required to maintain an internal complaints resolution system and procedures for those who are not satisfied with FiveWest’s Services rendered and wish to lodge a complaint. Any client who wishes to lodge a complaint in terms of FiveWest’s Complaints Resolution Policy, can email [email protected] and request a copy of the Complaints Resolution Policy in order to lodge a complaint.

19. API Documentation

1. Subject to the provisions of these Terms, FiveWest may provide you the non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable authorisation to use FiveWest’s API in accordance with these Terms.
2. FiveWest shall provide you with the following support in respect of the API:

1. notification if there a substantial program change;
2. shall verify and attempt to correct any such error immediately after the date of notification or discovery in order to prevent or mitigate any potential loss which may occur.

3. You agree and undertake not to:

1. use the API in ways other than as specified in these Terms and the Product Terms and associated with the API documentation;
2. distribute, rent, lease, sell, transfer or sublicense the API;
3. use the API in any manner or for any purpose that infringes, abuses, misappropriates or otherwise violates any Intellectual Property or other right of FiveWest or is not used for the intended purpose of the API.

4. You acknowledge and agree that FiveWest is the sole and exclusive owner of all right, title and interest in and to the API and API Documentation including all Intellectual Property rights relating thereto. FiveWest is entitled to amend or improve the API at any given time.
5. In the event that there are errors in the API, you agree to notify FiveWest and undertake to not take advantage of any errors.
6. The FiveWest API Documentation must be read as if specifically incorporated herein and can be found at https://docs.fivewest.co.za/introduction.

20. General

1. The Terms, together with the applicable Product Terms and Additional Documents constitute the whole agreement between you and us with respect to the FiveWest Services.
2. The Product Terms are only applicable to you in the event that you utilise the FiveWest Service associated with such Product Terms.
3. In the event that additional agreements have been signed with FiveWest in respect of the Services, such agreements must be read in conjunction with the Terms of Use and Additional Documents.
4. If at any time, any clause or sub-clause of the Terms is or becomes illegal, invalid or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.
5. All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.
6. No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of future exercise of that right or remedy or of any other rights or remedies under the Terms or Product Terms. The rights and remedies provided in the Terms and Product Terms are cumulative and not exclusive of any rights or remedies by the applicable laws.
7. These Terms, including the Additional Documents shall be governed by, and construed in accordance with the laws of South Africa.