Terms & Conditions

HyperMAX (‘HyperMAX, ‘we’, ‘us’, the ‘brand’) is a trading name of HyperMAX Gaming (Pty) Ltd, registered in South Africa (2021/774351/07). HyperMAX Gaming (Pty) Ltd’s registered address is 23 Zeeland Crescent, Tableview, Cape Town, 7441 South Africa.

Except as otherwise agreed to in writing, all online transactions for the supply of the VR Gaming pod time and other products by HyperMAX (‘HyperMAX Gaming (Pty) Ltd’), as well as all usage of the http://www.hypermax.co.za Website (‘Site’), shall be subject to the following terms and conditions. All terms and conditions of sale shall be interpreted subject to South Africa’s CPA and the Credit Act.

1. DEFINITIONS

1.1 “Affiliate” means any person, firm or corporation which is a subsidiary, parent or affiliate of HyperMAX Gaming (Pty) Ltd or the successor to HyperMAX Gaming (Pty) Ltd by a merger or by a transfer of a substantial amount of HyperMAX Gaming (Pty) Ltd’s assets;

1.2 ‘CPA’ shall mean the Consumer Protection Act 68 of 2008;

1.3 ‘Credit Act’ shall mean the National Credit Act 34 of 2005;

1.4 ‘Customer’, ‘User’, ‘Client’, or ‘Browser’ shall mean all persons, natural or otherwise, who purchase the Products subject to these terms and conditions and shall include all end users of the Products;

1.5 ‘Products’ shall mean all items including services presently being offered for sale online by HyperMAX including, but not limited to, VR gaming time, clothing and headwear;

1.6 ‘On-Line Portal’, ‘Website’ or ‘Site’ mean the online interface through which online purchases of the Products are facilitated, which interface is accessible at http://www.hypermax.co.za;

1.7 ‘Returns’ means any return of any Products whether for exchange or refund for whatsoever reason;

1.8 ‘Policies’ means the various HyperMAX policies, which form part of this Agreement and which will be updated from time to time.

2. APPLICATION OF THE STANDARD TERMS AND CONDITIONS

2.1 All Customers shall be bound by these standard terms and conditions of sale in all transactions relating to all purchases of the Products using the On-Line Portal, as well as any other activity or usage related to the Site.

3. CUSTOMER USAGE

3.1 The Customer’s use of the Site grants the Customer no rights concerning any copyright, designs, trademarks and other intellectual property and material rights relating to the Content. All Content is protected by national and international intellectual property laws and regulations.

3.2 The Customer is permitted to use the Content only as authorised by HyperMAX in writing. Any reproduction or redistribution of the above listed Content is prohibited.

3.3 HyperMAX does its best to ensure that the information on the Site is accurate, however HyperMAX does not promise that the Content is error-free. HyperMAX does not promise that the functional aspects of the Site or HyperMAX’s Content will be error free or that this Site, HyperMAX Content or the server that makes it available are free of viruses or other harmful components. HyperMAX strongly recommends that the Customer and any Users have current anti-virus measures in place.

3.4 Opinions expressed on http://www.hypermax.co.za or via the HyperMAX newsletters and emails are the personal opinions of the authors and do not reflect the views of HyperMAX.

3.4 The HyperMAX website is for non-commercial use only. None of the content may be copied, modified, displayed, reproduced, published, transmitted or licensed, the Customer or User may not create derivative works from the Site and none of the Content may be used for the purposes of advertising and/or generating revenue of any kind without written permission from HyperMAX Gaming (Pty) Ltd.

3.5 The Customer and/or User consents to be personally responsible for their use of the Site in every way. Violation of these Terms and Conditions, and any other activity considered misconduct or abuse at the discretion of HyperMAX may result in the Customer being banned temporarily or permanently from the Site. This ban may extend to any HyperMAX physical shops if HyperMAX Gaming (Pty) Ltd deems this necessary.

3.6 HyperMAX may include links, content or resources created or managed by third parties. HyperMAX does not guarantee that it has monitored and checked this content prior to posting, sharing, publishing or referring to it and accepts no responsibility for the content, safety, privacy or accuracy of this content and hyperlinks. By including third-party content, HyperMAX does not endorse the views, ideology, history, imagery or practices of the relevant third party.

3.7 The Customer agrees that no joint venture, partnership, employment, or agency relationship exists between them and HyperMAX as a result of the Terms and Conditions or use of this Site. The Customer agrees not to consider or portray themselves as a representative, agent, or employee of HyperMAX, and HyperMAX Gaming (Pty) Ltd shall not be liable for any representation, act, or omission on the Customer and/or User’s part.

4. REGISTRATION, GUEST USERS & ACCOUNT SECURITY

4.1 Some of the services provided on this website require the Customer to register. Even when using the website and its services as a Guest User, the Customer is required to provide information about themselves that is true, accurate, current and complete in all respects. Should any of this information change, it is the Customer’s responsibility to notify HyperMAX via info@hypermax.co.za.

4.2 HyperMAX reserves the right to alter registration and Guest User requirements as and when needed. Any account passwords created and utilized are the Customer’s responsibility to keep safe and secure. If a Customer is concerned about their account security or fear it may be breached, it their responsibility to advise of this via info@hypermax.co.za .

4.3 As a user of the website, in any way that engages with HyperMAX, the Customer agrees that they are over 18 years of age, and are the account or card holder of any payment facilities provided. The Customer also agrees to having a valid email address that they monitor regularly, and to being able to provide any information requested by HyperMAX in order to complete/confirm a function on the site.

5. ORDERS & PRICING

5.1 All orders are subject to acceptance and availability, and items in a Customer’s shopping basket (eg a Pod Booking slot) may be purchased by other customers until final payment has been processed and a confirmation email has been received from HyperMAX.

5.2 HyperMAX may offer products that are out of stock, or that have recently become out of stock and have not yet been clearly displayed as so. Therefore there is the possibility of making an Advance Payment for some items. Advance Purchases will be subject to unique delivery lead times dependent on when stock becomes available, which will vary from product to product. A Customer’s rights regarding Advance Purchase are the same as those for any other purchase at HyperMAX.

5.3 HyperMAX may, on occasion, be unable to deliver Advance Payment merchandise. In these circumstances the Customer will be notified by email and refunded the Advance Payment.

6. ACCEPTANCE OF YOUR ORDER

6.1 Once a Customer has placed an order, the Customer will be sent an email acknowledging receipt of the order details. This email does not serve to confirm the Customer’s order, merely acknowledge receipt of the order request placed.

6.2 Where possible, dependent on the interval between order placement and booking slot, unless the Customer cancels their order within the accepted five-day ‘Cooling Off’ period, acceptance of the Customer’s order and completion of the contract between the Customers and HyperMAX will be completed on receipt of payment in full and HyperMAX has emailed to confirm completion of payment. Neither HyperMAX’s third party payment processor nor our nominated courier has the authority to accept an order on behalf of HyperMAX.

6.3 HyperMAX reserves the right not to accept a Customer’s order at HyperMAX’s sole discretion. HyperMAX will not be liable to a Customer or any third party by reason of HyperMAX withdrawing any merchandise from the Site.

6.4 Whilst every effort is made to make sure details are correct, may discover an error in the pricing, description or imagery of products, as well as delivery costings and lead times. HyperMAX will inform the Customer of an error directly via email, and HyperMAX shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. In this instance, the Customer has the right to cancel their purchase, and will be refunded the full amount paid. In the event that Products are recalled in transit, HyperMAX will process the Customer refund on safe return of Products.

7. CANCELLATION OF ORDERS

7.1 HyperMAX reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply ordered Products to the Customer subject to the reimbursement of any purchase price already advanced by the Customer in the event of non-delivery.

7.2 According to the South African Consumer Act, the Customer has the right to a five-day ‘Cooling Off’ period, during which the Customer may cancel their purchase without giving an explanation or incurring loss. This ‘Cooling Off’ period begins from the time that the Customer receives an email from HyperMAX confirming receipt of an order. The five days in the ‘Cooling Off’ period are counted as business days.

7.3 HyperMAX reserves the right to monitor repeated cancellations from one Customer and to refuse to service to a Customer who cancels orders repeatedly, at HyperMAX’s discretion.

7.4 Refunds on legitimately cancelled orders will be made at the earliest convenience of HyperMAX, and never before any dispatched Product has been returned in good order. Product returned as a result of Cancellation are subject to the same terms of being returned in perfect condition as per all Returns laid out in these Terms and Conditions.

7.5 Cancelations of VR Gaming Pod bookings, must take place a minimum of 3 HOURS prior to the booking slot, if the Customer fails to cancel the booking slot either by phone to 021 565 0700, by email to info@hypermax.co.za or in person at the HyperMAX shop (Shop 5, Parklands Health Care Centre, 11 Village Walk, Parklands, Cape Town, South Africa, 7441) and a cancellation reference must be received, HyperMAX will not entertain any refund or re-booking of said slot.

8. PAYMENTS

8.1 HyperMAX accepts Visa, MasterCard and Maestro cards, and any other methods which may be clearly advertised on the Site. Cheques are not accepted.

8.2 The Customer confirms that the credit/debit card or any other form of payment being used theirs or that they have been specifically authorised by the owner to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

8.3 If the issuer of your payment card refuses to authorise payment to HyperMAX, HyperMAX will not be liable for any delay or non-delivery.

8.4 HyperMAX takes reasonable care to make our Site secure. All payment transactions on this site are processed using PayFast, a secure online payment gateway that encrypts Customers’ card details in a secure host environment.

8.5 If a Customer is a registered HyperMAX Site user, HyperMAX will securely store their contact details on our systems. These details will be fully encrypted and only be used to contact the Customer.

8.6 HyperMAX takes reasonable care, in so far as it is in HyperMAX’s power to do so, to keep the details of a Customer’s order and payment secure, but in the absence of negligence on HyperMAX’s part, HyperMAX cannot be held liable for any loss the Customer may suffer if a third party procures unauthorised access to any data the Customer provides when accessing or ordering from the Site.

9. GIFT CARDS & PROMOTIONAL CODES

9.1 Where available, Gift Cards are valid for 12 months from date of purchase unless otherwise specified on the Gift Card.

9.2 Gift Cards can be redeemed against all products on the http://www.hypermax.co.za Site and at the HyperMAX Shop (Shop 5, Parklands Health Care Centre, 11 Village Walk, Parklands, Cape Town, South Africa, 7441).

9.3 Gift Cards are non-transferable and may not be returned or redeemed for cash.

9.4 If the Customer’s order total is less than the value of the Gift Card, the unused balance will remain on the Customer’s Gift Card account and can be redeemed against subsequent orders. The Customer will not receive change in the form of cash or any other kind of payment.

9.5 If the Customer’s order exceeds the value of the Gift Card, all remaining balances exceeding the value of the Customer’s Gift Card must be paid by credit or debit card, or by cash for purchases are made at the HyperMAX shop.

9.6 Only one Gift Card may be used per purchase on http://www.hypermax.co.za

9.7 If the Customer returns products purchased using a Gift Card, the Customer will receive refund credit via a Gift Card only.

9.8 Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.

9.9 HyperMAX is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

9.10 HyperMAX is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

9.11 HyperMAX reserves the right to cancel a Gift Card if HyperMAX deems such action necessary.

9.12 Promotional codes cannot be applied to the purchase of Gift Cards.

9.13 Sales tax and shipping is applicable on any products purchased with a Gift Card.

9.14 Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

10. DELIVERY

10.1 Ordering your HyperMAX merchandise online is easy, and we’ll deliver to you Our aim is to ensure that orders are delivered within 7-14 working days, depending on your location and Product availability.

10.2 HyperMAX ONLY ships online purchases nationally within South Africa.

10.3 Although HyperMAX Gaming (Pty) Ltd shall endeavour to deliver all Products in accordance with a Customer’s specified delivery requirements, HyperMAX Gaming (Pty) Ltd shall not be bound to such delivery requirements.

10.4 HyperMAX shall not be liable in any manner whatsoever for failure of or delay in delivery of any Products, save for the reimbursement of any purchase price already advanced by the Customer in the event of non-delivery.

10.5 HyperMAX shall, at its sole discretion, be entitled to invoice Customers for part deliveries of any Products ordered and partially delivered.

10.6 HyperMAX shall not be liable for failure to deliver Products should the failure be the result of strike action involving either HyperMAX staff or any suppliers/companies involved in the delivery of any Products, acts of God, freak weather, power failures.

10.7 When effecting delivery to the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the HyperMAX representative making delivery. Should the Customer nominate that the delivery be taken by a third party, this responsibility falls onto the third party, for which HyperMAX takes no responsibility or liability.

10.8 Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery.

10.9 If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these terms and conditions.

10.10 In the event of short delivery the Customer shall forthwith upon delivery endorse HyperMAX’s copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with HyperMAX in respect of such short delivery.

10.11 In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse HyperMAX’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within three (3) days of such delivery notify HyperMAX of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.

10.12 On compliance by the Customer with the above terms and provided HyperMAX agrees with the information supplied by the Customer, HyperMAX Design will or may apply for a credit, subject to the provisions of the Returns Policy.

10.13 Subject to the CPA, and notwithstanding the provisions of this policy, HyperMAX shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.

10.14 Should the Customer alter delivery details after placing their order, HyperMAX reserves the right to alter delivery costs accordingly.

10.15 Although reasonable care shall be taken, HyperMAX accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person, at the delivery address, accepts delivery of the order and Products.

10.16 For purposes of this clause, “HyperMAX Gaming (Pty) Ltd” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of HyperMAX, which shall also include the South African Postal service.

11. OWNERSHIP

11.1 HyperMAX Gaming (Pty) Ltd hereby reserves its right to ownership of all Products ordered, whether delivered or not, until the Products have been fully paid for by the Customer.

12. RISK

12.1 Upon delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer, notwithstanding that ownership in the Products may remain vested in HyperMAX.

13. RETURNS

HyperMAX agrees to the exchange or refund of merchandise purchased and received by the Customer, provided that the following provisions apply:

13.1 All Returns of Products to the shop will be accepted free of charge, provided that the shop continues to stock the Products being returned.

13.2 In instances where Products are being returned via the South African Post Office (SAPO) or via courier, the Customer shall be responsible for payment of any fees levied for the relevant service.

13.3 Under no circumstances shall the Customer be entitled to reimbursement of any costs incurred for initial delivery of the Products being returned.

13.4 Any refund or issuing of credit to the Customer will only take place once HyperMAX has received and processed the return of the Products.

13.5 HyperMAX shall exercise its own discretion as to the means used to refund all Customers including, but not limited to, cash, gift cards (electronic or otherwise) or by crediting the relevant Customer’s account or applicable credit or debit card.

13.6 HyperMAX shall not be liable for any delivery costs incurred by Customers returning any Products. Cost of returns will for the Customer’s account.

13.7 Returns or exchanges are not offered under any circumstance on VR Gaming Pod Time that has been booked whether utilsed or NOT if cancelation policy has not been adhered to, any cancelations of pre-paid VR Gaming Pod time must take place a minimum of 1 HOUR prior to the booking slot.

13.8 Exchanges on items that are sized (garments that are not One Size Fits All) may be exchanged should they not fit the Customer, however the cost of delivery to return the original Purchase will be for the Customer’s account, and delivery costs incurred to deliver a new Product in a new size will be charged to the Customer as per a new or separate order. Exchanges must be conducted via email to info@hypermax.co.za. Customers must liaise via email regarding their exchange or return before returning their Product in order to confirm that their exchange or return will be accepted. It is the Customer’s responsibility to this in advance in order to avoid unnecessary costs, rejected exchanges or returns and disappointment.

13.9 According to The Consumer Protection Act, you have the right to cancel your order within five business days after placing it, known as the ‘Cooling Off’ Period without providing a reason or incurring loss. This ‘Cooling Off’ Period begins from the first business day after which you receive via email confirmation of your order. To exercise your right to cancel, you must inform HyperMAX in writing by email to info@hypermax.co.za, clearly stating your order information. The email must be sent within the ‘Cooling Off’ Period to be valid.

13.10 Items should be returned unused and with all HyperMAX tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the Customer at the Customer’s cost and/or a refund refused. Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with the Customer’s return.

13.11 HyperMAX reserves the right to monitor repeated returns from the same Customers and to refuse to service Customers with a repeat-return history.

14. WARRANTY

14.1 HyperMAX makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.

14.2 All Products supplied by HyperMAX shall be suitable only for the purpose designed and intended and the Customer warrants that he/she shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a proper manner and where applicable, in a manner consistent with the instructions given by HyperMAX .

14.3 No claim shall lie against HyperMAX arising out of or in connection with any defects in, or unsuitability of the Products.

15. INDEMNITY

15.1 Without derogating from the generality of any of the provisions hereof, HyperMAX Gaming (Pty) Ltd shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer or any other person in connection with the use of the Products and the Customer hereby indemnifies HyperMAX Gaming (Pty) Ltd against all such claims.

16. PROHIBITION OF SET OFF

16.1 The Customer waives any right of set off the Customer might have against HyperMAX Gaming (Pty) Ltd in respect of any amount which may now or in the future be or become owing by HyperMAX Gaming (Pty) Ltd to the Customer.

16.2 The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which HyperMAX Gaming (Pty) Ltd may bring against the Customer for the enforcement of its rights, whether in respect of credit facilities extended by HyperMAX Gaming (Pty) Ltd to the Customer or otherwise.

17. SECURITY

17.1 Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to HyperMAX Gaming (Pty) Ltd as security for the Customer’s obligations hereunder.

18. NON-VARIATION

18.1 No agreement, whether to supplement, vary, add to or cancel these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of the both parties subject to these terms and conditions.

18.2 These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or otherwise contained in any Customer documents.

19. INDULGENCE

19.1 No indulgence which HyperMAX Gaming (Pty) Ltd may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of HyperMAX Gaming (Pty) Ltd, nor shall such indulgence constitute a waiver or novation of any of the rights of HyperMAX Gaming (Pty) Ltd which shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.

20. CONFIDENTIAL INFORMATION

20.1 HyperMAX Gaming (Pty) Ltd and the Customer agree to keep information that they receive from one another confidential by using the same degree of care that they would otherwise use to protect their own confidential information. HyperMAX will not disclose any Customer’s confidential information to anyone else, unless the Customer allows HyperMAX to do so. The Customer agrees to do the same with any confidential information received about HyperMAX. HyperMAX can, however, disclose the Customer’s confidential information to HyperMAX’s employees and contractors who require the information in order to perform their obligations in terms of this agreement. This includes disclosing a Customer’s information to third parties for the purposes of background and credit checks prior to authorizing orders.

20.2 By visiting, browsing and using http://www.hypermax.co.za, the Customer consents to HyperMAX’s use of Cookies, and when a Customer places an order, they are agreeing that they are over the age of 18 and have permission to use the payment method they submit to HyperMAX.

20.3 Submission of any contact details by a Customer is done so with the understanding that the Customer has read and consented to these Terms and Conditions in full.

20.4 By providing personal information of any kind, the Customer consents to the storage of this information by HyperMAX. Should a customer wish to revoke this, the Customer should make a written request to info@hypermax.co.za

20.6 Any telephone calls made to HyperMAX may be recorded for the purposes of quality control, record keeping and training. By telephoning HyperMAX, the Customer consents to the storing of this information.

20.7 The HyperMAX Site uses Cookies as a device to measure and analyze visits to the Site and Customer behaviour, to regularly improve the Customer’s shopping experience, to monitor the success of sales and marketing tools and devices, to remember the Customer’s preferences for when they return to the Site, and for targeted advertising relevant to the Customer. By using the Site, the Customer consents to the Site’s use of Cookies. Any Customer can control Cookies by visiting www.AboutCookies.org at their own discretion. When a Customer alters or deletes Cookies, they Customer is liable for any lost information.

20.8 All marketing and newsletter functions on the HyperMAX Site offer opt-out or unsubscribe functions that the Customer is free to utilize at their discretion.

20.9 HyperMAX reserves the right to share the Customer’s private information, both within the HyperMAX company and to third parties, for the purposes of processing, managing and delivering an order, tracking an order, refunding or returning or exchanging an order, following up on an order, for fraud, when there is a legal obligation to do so, to collate site traffic and sales information and trends, and for marketing and demographic studies conducted for internal purposes.

20.10 HyperMAX will never sell the Customer’s personal information to third party marketing agencies or companies.

21. BREACH

21.1 Either party shall be entitled to cancel any contract concluded between them which contract is subject to these terms and conditions summarily if the other party commits a material breach of its obligations and, provided the breach is capable of being remedied, fails to remedy the breach within 7 (seven) days of receiving written notice to do so.

21.2 Neither party’s remedies under the above clause shall be exhaustive and each such remedy shall be in addition and without prejudice to any of the remedies which the party may have whether or not expressly provided for in these terms and conditions.

21.3 The cancellation or termination of any contract concluded between the parties which contract is subject to these terms and conditions for any reason shall be without prejudice to any obligation by either party to the other which shall have accrued and become owing at the time of the cancellation or termination

21.4 If the Customer breaches the Terms and Conditions and HyperMAX takes no action against the Customer, HyperMAX will still be entitled to use their rights and remedies in any other situation where the Customer breaches the Terms and Conditions.

22. LEGAL COSTS

22.1 In the event that any legal action is taken by HyperMAX against any Customer and HyperMAX is required to instruct a firm of attorneys to implement such legal action the Customer shall be liable for the payment of all legal costs incurred by HyperMAX in instituting such legal action.

23. COMPLAINTS

23.1 All complaints can be directed via email to complaints@hypermax.co.za, via telephone to 021 565 0700 or in writing to Complaints Dept.at HyperMAX Gaming (Pty) Ltd, Shop 5, Parklands Health Care Centre, 11 Village Walk, Parklands, Cape Town, South Africa, 7441.

24. APPLICABLE LAW

24.1 These terms and conditions and all transactions concluded in accordance with them will in all respects be governed by and construed under the laws of the Republic of South Africa.

24.2 In terms of section 45 of the Magistrate’s Court Act (MCA), the Customer agrees and consents to the jurisdiction of any Magistrates’ Court having jurisdiction in respect of the Customer or the claim in terms of section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by HyperMAX Gaming (Pty) Ltd in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrates’ Court, provided that HyperMAX Gaming (Pty) Ltd may, in its discretion, be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the Western Cape Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by HyperMAX Gaming (Pty) Ltd in the event of HyperMAX Gaming (Pty) Ltd exercising its rights in terms hereof.

25. DOMICILIUM

25.1 The Customer chooses his/her domicilium citandi et execut andi at the shipping or delivery address as reflected in any invoice, failing which any other physical address of the Customer provided by the Customer.

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