POWERBALL PRO COMPETITION
TERMS AND CONDITIONS
TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
Jimstu Telecomms (Pty) Ltd, with Reg.no: 201/6004391/07, Plum Park 1, 25
Gabriel Road, Cape Town, Western Cape, South Africa (hereafter referred to as “JS Mobile”) is organising a competition referred to as the “Powerball Pro I” Competition (hereafter “the Promotional Competition”).
All persons entering JS Mobile’s Promotional Competition ("the Entrants") agree that the competition rules (“the Rules”) as set out in these terms and conditions are binding on them.
2. IMPORTANT NOTICE
1. These terms and conditions and Rules contain certain terms and conditions which appear in similar text style to this clause and which:
may limit the risk or liability of the promoter or a third party; and/or
may create risk or liability for the Entrant; and/or
may compel the Entrant to indemnify JS Mobile or a third party; and/or
serves as an acknowledgement, by the Entrant, of a fact.
the Entrant cannot be a juristic entity and must be an individual.
2. The Entrant’s attention is drawn to these terms and conditions because they are important and should be carefully noted.
3. Nothing in these terms and conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Entrant or JS Mobile in terms of the Consumer Protection Act, 68 of 2008 ("the CPA").
4. The Entrant acknowledges that by submitting his or her entry to the Promotional Competition he/she has been given an appropriate opportunity to first read these terms and conditions before entering and the he/she understands and agrees to the terms and conditions.
5. All Entrants to this Promotional Competition participate entirely at their own risk. By reading and accepting these terms and conditions, the Entrant gives consent to these risks and hereby indemnifies and holds harmless JS Mobile and all entities in the JS Mobile group; their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Promotional Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any
3. RULES OF THE COMPETITION
1. This Promotional Competition starts on 1 September 2017 and closes on 31 August 2018 at midnight, both days inclusive (the “Closing Date”).
2. Entries must be received by the Closing Date. Any entries received after the Closing Date and time will be invalid and will not be considered, nor will JS Mobile have any obligation with respect to such Entrants.
3. Multiple entries are permitted but the prize will be limited to one (1) per Entrant.
4. [ Where / If applicable :] Entries which are unclear, illegible, are submitted via an incorrect entry mechanism or contain errors or from Disqualified Persons will be declared invalid.
5. Participants who entered any JS Mobile competition and have won any prizes in the last 3 (three) months from the last day of the Promotional Competition, will not be able to win again and will be ineligible from participating in this Promotional Competition.
6. In order to qualify as an Entrant for this Promotional Competition:
1. the Entrant must be a resident in the Republic of South Africa;
2. the Entrant must provide correct and full personal details, as required;
3. the Entrant must be 18 years old or older, in possession of a valid South African Identity Document and have a bank account in their own name;
4. the Entrant cannot be a juristic entity and must be an individual;
5. JS Mobile, any entity in the JS Mobile Group or Company, their directors, members, partners, employees, agents or consultants, the suppliers of goods or services in connection with this promotional competition, or any other person who directly or indirectly controls or is controlled by the above named parties and their respective spouses, life partners, business partners or immediate family members are not permitted to participate in this promotional competition (“Disqualified Persons”).
7. Any false information provided by Entrants and/or winners will result in disqualification
8. The prize:
1. A share in any winning lottery ticket purchased by JS Mobile.
9. Prizes are not transferable.
10. Any prize not taken up for any reason within one (1) month of the Closing Date will be forfeited and shall revert to JS Mobile.
11. The Rules may be amended and the prizes substituted by reasonable notification at any time during the Promotional Competition, and the amended Rules will be applied and interpreted at the sole discretion of JS Mobile.
12. Such altered Rules and/or substituted prizes shall become effective immediately after being altered or on such date as may be determined by JS Mobile.
13. No Entrants shall have any recourse against JS Mobile as a result of the alterations of the Rules or prizes.
14. Cash prizes will be delivered to the winners via electronic funds transfer (EFT) to a validated bank account in the Entrant’s own name. The winners’ names must match that of the bank details provided. If a winner does not have an active bank account, then the winner will be deemed to have
forfeited the prize and JS Mobile shall select a replacement winner in the same manner as stated here in below to deliver the prize to.
15. JS Mobile bear no responsibility for any delayed nullification, change or substitution, or partial or total inability to execute any of the obligations
deriving from the conditions of the event respecting the winners due to “ force majeure ”, including war, acts of terrorism, accident, fire, flood or any other natural disaster, strike or any other political crisis.
16. An Entrant is automatically entered into the Promotional Competition once an Entrant subscribes for the [VAS].
17. By entering the Promotional Competition the Entrants and winners agree that they enter the Promotional Competition at their own risk and to indemnify and hold JS Mobile harmless against any claims arising out of damages, including physical damages and death, caused by or to such Entrant/winner during the entire duration of the Promotional Competition.
4. SELECTION OF WINNERS
1. Winners will be selected on 31 August 2018 (this date is subject to change without notice).
2. Entrants to whom prizes will be awarded will be selected through a random draw.
3. Winners will be responsible for being reachable by telephone between 3pm and 5pm on Fridays from 1 November 2016 to 15 March 207 so that JS Mobile may contact the relevant winner. Entrants must have a valid
personal bank account in their own name, and must have full bank details available when JS Mobile calls. In the event that the Entrants are unreachable, or do not have a personal bank account in their own name, or don’t have full bank account details handy at the time that JS Mobile calls, the relevant winner will be considered as not having accepted his/her prize and the prize will be forfeited and shall revert back to JS
Mobile. A redraw will need to take place immediately.
4. Once the winners have been selected and notified, the winners will be published on the JS Mobile website as well as be announced in various promotional material (SMS, Facebook, websites), subject to the winner’s
5. JS Mobile will require the winners to complete and submit an information disclosure agreement and indemnification to enable JS Mobile to ensure compliance with these Rules and the CPA. Should any winner refuse or be unable to comply with this rule for any reason, such winner will be deemed to have rejected the prize and it shall revert back to JS Mobile. A
redraw will need to take place immediately.
6. JS Mobile reserves the right to extend, shorten or suspend the time period of the Promotional Competition or to nullify it whenever it should so choose for technical, commercial, or operation reasons, or for the greater public good, or due to a “ force majeure ” or a decision made by a telecommunications, or other carrier or authority that orders the suspension of the operation, or generally for any reason of comparable magnitude as long as it notifies the Entrants beforehand in a manner that is expedient according to its best judgment.
7. JS Mobile reserves the right to amend the terms and conditions and Rules as well as terminate the Promotional Competition at any time. In the event of such termination, all participants agree to waive any rights that they
may have in terms of the Promotional Competition and acknowledge that they will have no recourse against JS Mobile, its advertising agencies, advisors, suppliers and nominated agents.
8. The terms and conditions and Rules and any amendments thereto will be interpreted by JS Mobile only.
1. By entering the competition in accordance with its terms, you are entering a promotional competition for the purposes of the Consumer Protection Act, 2008 ("CPA") and the promotional competition will be conducted in accordance with the relevant provisions of the CPA. Should you win a prize in the competition, you undertake to expeditiously do all things necessary to enable the promoter/sponsor/organiser to comply with its obligations under the CPA including, but not limited to:
1. providing such personal information as may be required in order to facilitate handing over the prize (including, but not limited to, providing proof of address and identity number) and
2. signing receipt of the prize upon its delivery.
2. JS Mobile bears no responsibility with regard to the quality,
appropriateness and/or use of the prizes.
3. In the event of a dispute arising regarding the Promotional Competition, JS Mobile’s decision is final and binding and no correspondence will be entered into.
4. In the event that any part of these Rules is deemed by a court of competent jurisdiction or by any authorised authority to be invalid, illegal or unnecessary, then the relevant part will not be applied and will be considered invalid while the said Rules will continue to be valid and in force to the greatest allowable degree by law.
6. JS Mobile shall keep all Entrants’ personal information safe and confidential. JS Mobile will not keep/use an Entrant’s personal information for any purpose other than the Promotional Competition. JS Mobile will not sell or transfer an Entrant’s personal information to any third party, except
to its affiliates or agents, without an Entrant’s express consent.
7. By submitting your data when entering the Promotional Competition an Entrant gives his/her consent to JS Mobile as data controller(s) to collect and process the Entrant’s personal data for the purposes of the Promotional Competition.
8. Winners may be requested to take part in JS Mobile’s publicity campaigns or to allow their names and likenesses to be used by JS Mobile for promotional purposes. Winners are, however, entitled to decline such request.
9. JS Mobile shall conduct the Promotional Competition, and JS Mobile’s decision on any matter related to the Promotional Competition, including the selection of prize winners is final and no correspondence will be entered into.
10. By entering the Promotional Competition, Entrants agree to be bound by these Rules.
11. A copy of these Rules can be downloaded in printable form by sending a request to: throughout the period of the Promotional Competition.
1. JS Mobile shall take all reasonable steps to protect the personal information of Entrants and for the purpose of this clause, “ personal information ” shall be defined as set out in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: .
2. JS Mobile may electronically collect, store and use the following personal information of Entrants:
1. Name and surname;
2. Contact numbers;
3. Non-personal browsing habits and click patterns;
4. E-mail address; and
5. IP address.
3. JS Mobile collects, stores and uses the abovementioned information for the following purposes:
1. Communicate requested information to the Entrant; and
2. To compile non-personal statistical information about browsing habits and click-patterns.
4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the Entrant. Entrants may determine cookie use independently through their browser settings.
5. JS Mobile may collect, maintain, save, compile, share, disclose and sell any information collected from Entrants, subject to the following provisions:
1. JS Mobile shall not disclose personal information from Entrants unless the Entrant consents thereto;
2. JS Mobile shall disclose information without the Entrant’s consent only through due legal process; and
3. JS Mobile may compile, use and share any information that does not relate to any specific individual.
6. JS Mobile owns and retains all rights to non-personal statistical information collected and compiled by it.
This document sets out the Terms and Conditions (the “Terms and Conditions”) governing access to and use of the Powerball Pro Mobile service. These services (the “Services”) are provided by Jimstu Telecoms with registration number 2010/139183/23 hereinafter, JSM. The use of the Services is subject to acceptance of, and compliance with, these Terms and Conditions. Users must not use the Services in breach of these Terms and Conditions. The Terms and Conditions in force are those available from time to time on the Website. In the event of amendment, users of the Website (“Users”) shall be informed of the changes and continued use of the Website shall be confirmation of acceptance to the changes. Any special conditions, notices, regulations or operating instructions notified to users in relation to specific Services and/or Contents which supplement the provisions of these Terms and Conditions shall also to users.
JSM provides a Powerball Pro service. Subscribers to this service receive the Powerball Pro Draw Results after each Tuesday and Friday draw via text message.
Use of these services implies consent to these terms and conditions. To use the mobile version you need to have a WAP enabled handset and be set up for WAP. JSM is not liable for any delivery delays due to network operators. Errors will be billed for.
Price of the Services
Subscribers to the service will be charged R5/day. Mobile operators may charge additional browsing costs, independently from the services provided by JSM, for downloading products. JSM accepts no liability for the cost of browsing charged by the various mobile phone operators. . Disclaimer Regarding Users’ use of the Service Users must be over 18 years of age, with full capacity to use the Services. Those under 18 years of age may only use the Services with prior authorisation from their parents, guardians or legal
representatives, who shall be responsible for the actions carried out by the persons under their charge. Since these facts may not be verified by JSM, JSM reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access.
Notwithstanding the foregoing, parents, guardians or legal
representatives may restrict access to the Club easily and directly using the “Parental Control”. Parental control allows Mobile phone owners to restrict access to their mobile or their minor's mobile to Club JSM services. This can be easily switched on by accessing our website. JSM cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of JSM or third party rights holders. In addition, unless JSM has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, JSM forbids any downloads copies or reproductions of content made by a User unless specifically permitted by JSM. JSM accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal or unlawful use by Users of the Services provided by the Club and the contents offered on the Website.
Regarding the sending and receipt of the Service
Services must be requested in accordance with the instructions communicated by JSM to Users and, in particular, must include the exact text stipulated by JSM for each Service from time to time. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology
required for, each Service (see the “Compatible Mobiles” section).
JSM accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services. In addition, JSM accepts no liability
for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond JSM's control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other Users. Notwithstanding the foregoing, JSM shall use all
reasonable endeavours to ensure that content reaches Users at the time it is requested.
Regarding mobile phone ownership
By using any JSM mobile service, JSM only receives the mobile phone number associated to that service it is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at
least that he or she has the owner's authorisation to register with the Club. JSM accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone.
Regarding the content supplied by Users
The User warrants to JSM that he or she owns each and all of the rights to the content or has the rights, authorisations, permissions, licences and/or consents required to provide the content to JSM and to third parties through the Website. JSM in no event accepts any liability for any harm or infringement caused by any User affecting other Users' or third parties' industrial and intellectual property rights,
right to privacy and self image, right to protection of personal data, or any others. The User must employ all due care and diligence to avoid causing any damage or risk of damage to JSM, the Website, other Users, the Services or any third parties. In addition, in the case of content containing images or photographs of people, the User
warrants to JSM that such images or photographs were taken or recorded with such persons' consent and that they are aware of theassignment to be made to JSM by the User and that making suchimages or photographs available to third parties does not constitute an infringement of the applicable law. In addition, in the case of content containing images or photographs of people, the User warrants to JSM that such images or photographs were taken or recorded with such persons' consent and that they are aware of the
assignment to be made to JSM by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law.
Assignment of Contents
The User assigns to JSM all assignable intellectual property rights in the content it provides which are necessary for the proper provision of the Services by JSM, particularly the abilities required to copy, load, host, store, transmit, modify and/or adapt according to the required format, create summaries of, advertise and promote on television, the press and its websites, reproduce, publicly communicate and supply to third party users. The assignment of the
content to JSM is non-exclusive, and is applicable to the whole world and for as long as the content is available to third parties. No rights in the content other than those necessary for the proper operation of the Services are assigned pursuant to these General Conditions.
Withdrawal of Content / Inappropriate Content
JSM does not warrant the lawfulness, reliability or usefulness of messages, content or any other materials to which the User may have access in connection with the provision of the Services where they are supplied by third parties and other Users at their sole responsibility. Users shall be solely responsible for any messages and content they decide to
store, communicate or exchange with other Users of the Services. Regardless of any methods which may be used by JSM to detect messages or content which are potentially unlawful or in breach of third party rights, if believe that any of the messages or contents to which have access through the Service infringe any third party rights or involve an infringement of current legislation, can contact us by
writing to JSM's registered address or by sending an e-mail to mail to: info@clubJSM.com, including the following details: Name, address, telephone number and e-mail address (optional) Clear identification of the potentially infringing content or content which is potentially detrimental to or third party rights. Indication of the grounds on which the content referred to in the preceding section
may be potentially infringing or detrimental to or third party rights. An express statement, signed by , that the information supplied in the notification is accurate to the best of knowledge. JSM excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content supplied by Users
and made available to other Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by:
1. 1.Infringement of the law, moral standards and generally accepted decency or public order by third parties
2. 2.Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people's right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party
3. 3.The carrying out of acts of unfair competition and unlawful advertising
4. 4.Messages and/or content not being truthful, accurate,
comprehensive, relevant and/or up-to-date 5. 5.Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content 6. 6.Faults and defects in any kind of content JSM reserves the right at any time to reject or remove any content which is in breach of current legislation, these General Conditions, and any subsequent versions which are notified to Users
from time to time. JSM may at any time and without prior warning suspend and/or unsubscribe from the Services any User who repeatedly supplies inappropriate content or breaches these General Conditions. The use of content and the period during which they are part of the Services are at JSM's sole discretion, although Users may at any time withdraw their content from the Services. Such
withdrawal shall automatically cancel the assignment of rights provided to JSM under these General Conditions. In any event, JSM does not, and cannot, control the use made of content by third party Users while content is included in the Services or after the User has withdrawn content. Without prejudice to the above, JSM reserves the right to decide which content it is appropriate for Users to supply and make available to third party Users for downloading and/or viewing. Consequently, JSM may at its own discretion reject and/or remove any content, particularly those which partly or wholly:
1. Are illegal, offensive, violent, defamatory, pornographic or racist
2. Are protected by copyright
3.Are in breach of the current legislation regarding intellectual and industrial property rights, particularly if the content
infringes trademark, patent, domain name and other rights
4. Refer to or include, without limitation, third party trademarks, trade names or domain names, among others
5. Are protected by business and/or commercial secrecy, and their disclosure is not permitted
6. Include third parties' personal data, such as name and surnames, telephone
number and e-mail address, among others, without their consent
7. Include images or photographs of third parties without their consent
8. Are in breach of laws or regulations regarding the secrecy of communications, protection of personal data, and the rights to honour, image, personal and family privacy
9. I Induce promote or incite discriminatory attitudes based on gender, race, religion, beliefs
10. Induce or incite behaviours which are illegal, unlawful or contrary to morality, public order or security
11. In any other way involve an infringement of third parties' privacy 1
2. Include any images of minors (under 18 year olds) without their parents' or guardians' necessary authorisation
13. Advertise, promote, or induce the contracting of, products which do not belong to JSM In addition,
JSM reminds Users of the Services that, pursuant to its duty to cooperate with law enforcement agencies, it shall furnish information regarding its Users and any content supplied by them to any law enforcement agency that requires it to do so in connection with the investigation of a crime or misdemeanour
Intellectual and Industrial Property
When receiving any content in accordance with a download request, the User is only authorised to make one copy of the content in the memory of his or her mobile phone handset or computer and use it for strictly personal purposes and not for collective purposes or for profit. The receipt of a JSM product (the “Product(s)”) or Service by a User following a request does not constitute a waiver, transfer or total
or partial assignment in the User's favour of the ownership of the intellectual or industrial property rights in a Product or Service. All Products and content marketed under the names TFC®, JSM®, Pumpets® and/or JSMstatiOn©, as well as the names, brands, software, advertising creations, websites, text, graphics, photographs, images, games and any other sound or audiovisual content, among others, relating to such Products and content are the industrial and/or intellectual property of JSM or third parties. JSMstatiOn is a piece of software created by JSM which enables paying Users and Users who have been given a trial or test version
to access a set of services such as e-mail, blog and Messenger, among others. The use of the trial versions is restricted to the promotional period specified by JSM from time to time. In addition, and except where expressly authorised by JSM, the following are prohibited in accordance with, and subject to the penalties provided
by, the applicable legislation currently in force: deleting or altering the rights management information and technology measures contained in the Website, as well as the distribution, importing for distribution, public performance, broadcasting, public communication in any form,
or making available to the public, of the Website or copies or transmissions thereof in which any information has been deleted or altered without JSM's consent. Some of the Products and Service belonging to JSM are subject to temporary licences granted by third parties. JSM therefore reserves the right to withdraw such Products and Services from the catalogue of Club Products on expiry of the third party licence or contract. The establishment of any kind of link (such as hyperlinks) to the Website is prohibited. Anyone wishing to set up a link must first request JSM's express authorisation in writing. Without prejudice to the foregoing, the establishment of any link and/or similar mechanism by third parties directing Users to specific content and/or Services offered by JSM (i.e. deep linking) is expressly prohibited.
By using the Services or sending us a request for Services consent to our processing personal information in accordance with these Terms and Conditions. For the purposes of the Data Protection Act 1998, the data controller is JSM South Africa Ltd, Pier House 10th floor, Studio 2 Heerengracht Street, Cape Town 8001 (South Africa).
Information we may collect from Visiting the Website does not plTFCUsers under any obligation to provide any personal
information, except where Users apply to join the Club or using the Services provided by JSM. When register to join the Club or any of the Services provided by JSM, JSM may collect and process the following information about : the information provide on registration and by completing other forms and requests on the Website (including: name and surname, mobile telephone number and/or e-mail) If contact us JSM may keep a record of that correspondence
Details of the transactions carry out through the Website Details of visits to our site including but not limited to: traffic data, location data; other communication data and the resources that access. Please also see the information under “Cookies” below. Use of data JSM is committed to the privacy of its Users. acknowledge that JSM collects
and processes personal information on use of the Services for the following purposes: to deliver the Services to (which may include providing personal information to the relevant mobile telephone operator to enable the operator to invoice the Club for billing purposes) to develop the Services to market current and future Services to ; and for site administration purposes In addition, JSM
may send commercial information relating to JSM's promotions, competitions and products or services similar to those of the Club which may be marketed by JSM at any time by electronic means (e-mail and/or SMS). This purpose shall continue to apply after the end of the contractual relationship – i.e. the Service – until revoke consent to that end, if ever). may refuse to allow information to be
processed for promotional and commercial purposes [at any time] by sending an email to firstname.lastname@example.org JSM will not send unwanted messages to email address or to mobile phone. JSM will not pass on email address and mobile phone number details to any third parties except those set out above without explicit consent.
JSM will only disclose personal information to JSM's business partners, law enforcement agencies, successors in title to JSM's business and suppliers that JSM engages to process data on JSM's behalf. JSM may also disclose or share personal data in order to comply with any legal obligation, or in order to apply the Terms and Conditions or to protect the rights of its customers or others. This
may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
To unsubscribe please send STOP to 42584. may exercise the rights of access, cancellation and rectification free of charge by emailing JSM at email@example.com or by sending a request to JSM by post (to the address specified above ) and including the following information: 1. 1 full name and a photocopy of an official document proving identity and, where applicable, the document must provide evidence of ability to act as a representative for another person; A description of request; mobile telephone number; An address for correspondence; and The date and the requesting party's signature. are also responsible for updating and amending personal information, which can be done by means of the procedure described above.
When visiting the Website, JSM may store information on the hard drive of computer in the form of a "cookie" (essentially a small text file). Cookies allow JSM to tailor the Website to interests and preferences. For example, a cookie might contain information about the web pages have visited on the Website, which could allow JSM to customise next visit to the Website. However, cookies do not allow
JSM access to the rest of computer and JSM does not use them to collect personal information about . Most Internet browsers enable to delete cookies or to receive a warning before a cookie is stored on hard drive. Please refer to browser instructions or help screen to learn more about how to do this. However, should decide to disable any cookies JSM places on computer may not be able to use certain
services or facilities on the Website.
As JSM operates globally, it may be necessary to transfer personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever JSM processes information JSM will strive to ensure the same level of protection as set out in these Terms and Conditions which means that personal information will be protected at all times in
accordance with strict data protection standards.
Jurisdiction and Applicable Law
These Terms and Conditions are governed by South African law. JSM and the User shall submit any dispute which may arise from the application of the Services or the construction and application of the Terms and Conditions to South African Courts save where otherwise required by law.