APPLICATION OF THE CONSUMER PROTECTION ACT Sample Clauses

APPLICATION OF THE CONSUMER PROTECTION ACT. 17.1. A transaction (as defined in the CPA) between the Customer and Centracom may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 14.2 in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into. 17.2. The Threshold Values are the Customer's asset value or annual turnover, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time. 17.3. Centracom duties towards the Customer may vary depending upon whether the transaction in question is subject to the CPA, and Centracom will act upon the information given to it by the Customer in this regard. Consequently: 17.3.1. The Customer warrants that any statement made to Centracom in respect of its Threshold Values is accurate 17.3.2. If the Customer claims that all the Threshold Values are below the relevant value, or otherwise that the CPA applies to the transaction in question, Centracom may at its instance require the Customer to provide it with financial statements as proof thereof. 17.3.3. If the Customer misstates the Threshold Values in such a way that Centracom considers for a period that the transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to transactions subject to the CPA shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by Centracom resulting from
Sample 1See All (5)
AutoNDA by SimpleDocs
APPLICATION OF THE CONSUMER PROTECTION ACT. 48.1 It is recorded that for the purposes of this Agreement the Seller is acting in the ordinary course of business. 48.2 The Purchaser records that he was first introduced to the Property through one of the following: 48.2.1 newspaper advertisement; 48.2.2 recommendation by a person other than the Seller or its agent; 48.2.3 the Purchaser first approached the Seller or its agent; 48.2.4 the Seller or its agent first approached the Purchaser via ordinary mail, email, sms or in person; 48.2.5 other, namely: _ . 48.3 After due consideration, and by his signature hereto the Purchaser or his representative, as the case might be, hereby acknowledge and record that: 48.3.1 he has entered into this Agreement freely and of his own accord and that no circumstances exists that would entitle him to allege, now or in future, that he was at a disadvantage or unequal bargaining position to the Seller in negotiating and concluding the terms and conditions contained in this Agreement; 48.3.2 he has carried out his own investigations with respect to whether or not to enter into this Agreement and that he has done so without any under influence, pressure, duress, harassment or unfair tactics from the Seller; 48.3.3 he understands the context, significance and import of the terms of this Agreement without undue effort, having regard to: 48.3.3.1 the context, comprehensiveness and consistency of the Agreement; 48.3.3.2 the organization, form and style of the Agreement; 48.3.3.3 the vocabulary, use of language and sentence structure of the Agreement; 48.3.3.4 the use of illustrations, headings, examples or other aids to reading and understand the Agreement. 48.4 If the Purchaser is a natural person or a juristic person with an annual turnover or asset value less than the threshold determined by the Minister as defined in terms of Section 6 of the Consumer Protection Act No. 68 of 2008, as amended (“the CPA”) (currently R2 000 000.00 (TWO MILLION RAND)) at the time of entering into this Agreement, then the CPA applies to this transaction. 48.5 If the Purchaser is a juristic person, it hereby warrants to the Seller that its asset value or annual turnover, at the Date of Signature, shall equal or exceed the threshold determined by the Minister as defined in terms of the CPA and, as a consequence, the sale of the Property to the Purchaser in terms of this Agreement, is exempt from the provisions of that Act (save for the provisions of Sections 60 and 61 thereof). 48.6 The Purchase...
Sample 1
APPLICATION OF THE CONSUMER PROTECTION ACT. 20.1 A transaction (as defined in the CPA) between the Subscriber and Service Provider may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 20.2 in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into. 20.2 The Threshold Values are the Subscriber's asset value or annual turnover, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time. 20.3 Service Provider’s duties towards the Subscriber may vary depending upon whether the transaction in question is subject to the CPA, and Service Provider will act upon the information given to it by the Subscriber in this regard. Consequently: 20.3.1 The Subscriber warrants that any statement made to Service Provider in respect of its Threshold Values is accurate. 20.3.2 If the Subscriber claims that all the Threshold Values are below the relevant value, or otherwise that the CPA applies to the transaction in question, Service Provider may at its instance require the Subscriber to provide it with financial statements as proof thereof. 20.3.3 If the Subscriber misstates the Threshold Values in such a way that Service Provider considers for a period that the transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to transactions subject to the CPA shall retroactively apply to the transaction in question, and the Subscriber shall be liable for any damage sustained by Service Provide resulting from such misstatement. 20.4 To the extent that the provisions of the CPA are applicable to this Agreement, in the event that the Subscriber alleges that there is a defect in the quality of the Services, the only remedy that the Subscriber will have against Service Provider, is to require Service Provider to remedy the defect in the quality of the Services performed. 20.4.1 If Service Provider has supplied Equipment to enable the Subscriber to utilise the Services in the circumstances set out in clause 20.4, defects in the Equipment will be dealt with as described in clause 20.5. 20.5 If the provisions of the CPA are applicable to this Agreement, to the extent that Equipment is supplied to a Subscriber, the Equipment is warranted in respect of quality, suitability and durability for a period of 6 (six) months of the Effective Date in respect of the Equipment concerned. Provi...
Sample 1
APPLICATION OF THE CONSUMER PROTECTION ACT. 3.1 If the CPA is applicable to this AGREEMENT, the provisions of the CPA will be applied and take precedence where they contradict any provision of this AGREEMENT 3.2 Whether the CPA applies to this AGREEMENT depends on whether certain values in the Customer’s business (the“Threshold Values”) are above or below the threshold. 3.3 The Threshold Values are the Customer’s asset value or annual turnover. If either of these values exceed R 2 000 000 (Two Million) on the date the parties agree that ORIGINBLU will sell GOODS, the CPA will not apply to this AGREEMENT. 3.4 The values measured and the threshold itself will be amended from time to time, in which case the Parties agree that the new measurements will apply to this AGREEMENT from the date of amendment. 3.5 ORIGINBLU’S duties under this AGREEMENT may vary depending on whether the CPA applies to it, and ORIGINBLU will act upon the information given by the CUSTOMER in the credit application form. Consequently: 3.5.1 The CUSTOMER warrants that any statement made to ORIGINBLU in respect of its Threshold Value is accurate. 3.5.2 If the CUSTOMER claims that all the Threshold Values are below R 2 000 000 (Two Million), or otherwise that the CPA applies to this AGREEMENT, ORIGINBLU may at its instance require the CUSTOMER to provide it with financial statements as proof thereof. 3.5.3 If the CUSTOMER misstates the Treshhold Values are below in such a way the ORIGINBLU believes that this AGREEMENT is subject to the CPA when it is not, then ORIGINBLU may retroactively apply any provisions of this AGREEMENT that were not applied as a result of this belief. 3.5.4 The CUSTOMER will be liable for any costs or damage sustained by ORIGINBLU resulting from such misstatement.
Sample 1
APPLICATION OF THE CONSUMER PROTECTION ACT. 2008 29.1 The Seller does not require the Buyer either as a condition for sale of the property here under sale or as a condition for entering into this agreement, except as provided herein, to: 29.1.1 to buy any particular other property or services of the Seller; 29.1.2 to conclude an additional agreement or transaction with the Seller or a designated third party; 29.1.3 agree to purchase any particular property or services of a designated third party. 29.2 If this agreement is the result of direct marketing: 29.2.1 the Purchaser may, in addition to and without the exclusion of any other rights between the parties hereby agreed or which may by law be terminated, terminate this agreement without reason or penalty by written notice or other similar means of notice and form within 5 (five) days after the date of conclusion of this agreement or delivery of the property (whichever is the last); 29.2.2 Should the Purchaser choose to terminate this Agreement, Seller shall be obliged to repay any Purchaser's payment within 15 (fifteen) days: 29.2.3.1 if delivery of the property has not yet taken place, after date of receipt of such notice of termination; or 29.2.2.2 upon receipt of delivery of the property from the Purchaser. 29.3 The Purchaser shall bear the risk and reasonable costs and expenses in connection with the delivery of the property to the Seller if the Seller would exercise the option to terminate this agreement in terms of the terms of this clause. 29.4 The Purchaser confirms that he has been given a reasonable opportunity to inspect the property that the property is the type and quality reasonably provided for in this agreement and that the property is in all material respects and features consistent with that to which the Purchaser is entitled is to be expected after such investigation. 29.5 The Purchaser confirms that: 29.5.1 understand the content, scope and importance of this agreement; 29.5.2 the price payable to the Seller in terms of this agreement is fair, fair and fair; 29.5.3 the terms of this agreement are not unfair, unreasonable or unfair; 29.5.4 not through the worker or any person on behalf of the Seller expects or is required to waive any rights or obligations on him or waive any liability of the Seller in this agreement under terms that are unfair, unreasonable or unfair 29.
Sample 1
APPLICATION OF THE CONSUMER PROTECTION ACT. A transaction (as defined in the CPA) between the Customerand Centracom may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 14.2 in respect of the Custo mer (“ Threshold Values”) are below a certain value at the time the transaction is entered into.
Sample 1

Related to APPLICATION OF THE CONSUMER PROTECTION ACT

  • CONSUMER PROTECTION ACT 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.

  • Consumer Protection 1. The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices in electronic commerce. 2. To this end, the Parties shall exchange information on their experiences in protecting consumers engaged in electronic commerce.

  • Telephone Consumer Protection Act Consent Each Member expressly consents to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from the Administrator, its affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that the Member has provided to the Company or Masterworks (including any cellular telephone numbers). Member’s cellular or mobile telephone provider will charge Member according to the type of plan Member carries. Any Member may unsubscribe from receiving text messages or promotional calls at any time by (i) replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any text message such Member receives from the Company or Masterworks or (ii) email to sxxxxxx@Xxxxxxxxxxx.xx with one of the forgoing words in the subject line. Each Member acknowledges and consents that following such a request to unsubscribe, such Member may receive one final text message from Masterworks confirming such request.

  • Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.

  • TEACHER PROTECTION A. The teachers shall have the right to review those things in his/her personnel file to which he/she is entitled by Law. At the option of the teacher, a representative of the Association may be present for such review. Each file shall contain a record indicating reviewer and date of review, excluding school personnel official access for record maintenance. B. The teacher may submit a written notation regarding any material and the same will be attached to the file copy of the material in question. If the teacher is asked to sign material placed in his/her file, such signature will be understood to indicate his/her awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. X. Any serious complaint made against a teacher by any parent, student, and other person will be promptly called to the attention of the teacher. D. If a teacher is to be disciplined or reprimanded by the Board or its designee, he/she shall be entitled to have a representative of the Association present. That representative shall be the teacher's choice between the building representative or another Association officer. E. Each teacher has the responsibility for maintaining proper student control and discipline throughout the school day as well as at school-sponsored activities where he/she is serving as a sponsor or chaperone. The teacher, however, has the primary responsibility for maintaining control and discipline in his/her classroom. The Board will give reasonable support and assistance to teachers with respect to maintenance of control and discipline. Whenever is appears that a particular pupil requires special attention, reasonable steps shall be taken to provide such attention. The teachers recognize that all disciplinary actions and methods invoked by them shall be in accordance with established Board policy. F. Any case of assault upon a teacher which is related to a school-centered problem shall be promptly reported to the Board or its designated representative. If the assault was by a pupil or pupils, the Administration shall promptly investigate the matter and determine suitable discipline for the assaulting pupil. This decision shall be communicated to the teacher concerned. If the assault is by an adult, who is not a pupil, the Board its designee representative shall promptly report the incident to the proper law enforcement authorities. G. A teacher may suspend a pupil from one (1) period, when the grossness of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in that classroom intolerable. In such cases, the teacher will promptly (by the end of the school day) furnish the administrator or counselor full particulars of the incident. The teacher and the administration will cooperatively endeavor to achieve correction of student behavior through whatever avenues are reasonably available. H. School administrators and teachers will endeavor to achieve correction of the students' misbehavior through counseling and interviews with the child and his/her parents when warranted.

  • Application of Takeover Protections The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s certificate of incorporation (or similar charter documents) or the laws of its state of incorporation that is or could become applicable to the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including without limitation as a result of the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

  • Further Protection The Pledgor will promptly give notice to the Secured Party of, and defend against, any suit, action, proceeding or lien that involves Posted Credit Support Transferred by the Pledgor or that could adversely affect the security interest and lien granted by it under Paragraph 2, unless that suit, action, proceeding or lien results from the exercise of the Secured Party’s rights under Paragraph 6(c).

  • Application of Takeover Protections; Rights Agreements The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s charter documents or the laws of its state of incorporation that is or could reasonably be expected to become applicable to any of the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including, without limitation, the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

  • Whistleblower Protections The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public.

  • Application of Takeover Protections; Rights Agreement The Company and its board of directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, interested stockholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), stockholder rights plan or other similar anti-takeover provision under the Certificate of Incorporation, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to any Buyer as a result of the transactions contemplated by this Agreement, including, without limitation, the Company’s issuance of the Securities and any Buyer’s ownership of the Securities. The Company and its board of directors have taken all necessary action, if any, in order to render inapplicable any stockholder rights plan or similar arrangement relating to accumulations of beneficial ownership of shares of Common Stock or a change in control of the Company or any of its Subsidiaries.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!