Common use of DOMICILIUM AND NOTICES Clause in Contracts

DOMICILIUM AND NOTICES. 24.1 The Parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any legal notice or the serving of any process, as follows: 24.1.1 Club Med – Offices 212-214 Design Quarter, corner ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ road, Fourways, 2128, Gauteng. 24.1.2 You – Your physical address as advised by Yourself at the time of reservation/Your registered head office or the place of business, where applicable. 24.2 Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante. 24.3 Any notice given by either party to the other (“the Addressee”) which: 24.2.1 Is delivered by hand during the normal business hours of the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee at the time of delivery; 24.2.2 Is posted by prepaid registered post to the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by 25.1 Subject to clause 25.1.1 Below this Agreement, read together with Club Med’s Booking Conditions in its brochure or website, and the invoices, will constitute the sole agreement between the parties and shall supersede all other agreements and/or representations whether written, oral and/or implied between the parties. 25.2 Neither party shall be bound by any express or implied term, representation, promise, warranty or the like not recorded herein. 25.3 No addition to, variation, or agreed cancellation of this Agreement, including this clause, shall be of any force or effect unless in writing and signed by or on behalf of the parties. For purposes hereof “in writing” shall exclude any written document that is in the form, either wholly or Partly, of a data message as defined in the Electronic Communications and Transactions Act 25 of 2002, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention. 25.4 No indulgence which either party (“the grantor”) may grant to the other (“the grantee”)shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future. 25.5 Nothing in this Agreement shall constitute a partnership, joint venture, agency or employment between the parties hereto, and neither party shall have the authority or power to bind, or agreement in the name of, or to create a liability against, the other in any way for any purpose. 25.6 Any invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity, enforceability or legality of any other of its provisions.