MH Hub STANDARD TERMS AND CONDITIONS

1. INTERPRETATION

1.1. In these Terms and Conditions, unless the context indicates
otherwise –

1.1.1. “Business Day” means a day which is not
a Saturday, Sunday or gazetted public holiday in South Africa;

1.1.2. “ECTA” means the Electronic
Communications and Transactions Act, No 25 of 2002, as amended from time to
time;

1.1.3. “MH Hub Za” means MH Hub PTY LTD
trading as MH Hub Za, registration number 2024/311018/07),
a close corporation duly incorporated in terms of the laws of South Africa;

1.1.4. “Goods” means products to be sold to
the Users from time to time in terms of these Terms and Conditions,
including, but not limited to Special Order Goods;

1.1.5. “Parties” means MH Hub Za and the User
and “Party” shall mean any one of them as the context may
indicate;

1.1.6. “Services” means the services provided
by MH Hub Za to Users, including but not limited to events, Podcast and
media, studio and online shop;

1.1.7. “South Africa” means the Republic of
South Africa;

1.1.8. “Special Conditions” means the terms
and conditions provided in the product description of the Goods as
indicated on the Website;

1.1.9. “Special Order Goods” means Goods as
contemplated in paragraph 16 below;

1.1.10. “Terms and Conditions” means these terms
and conditions together with any Special Conditions, which the Parties
agree are expressly incorporated herein;

1.1.11. “User” means every person that accesses or
uses the Website, including without limitation each user who registers as
contemplated below;

1.1.12. “VAT” means value-added tax in terms of
the Value-Added Tax Act, No 89 of 1991, as amended from time to time; and

1.1.13. “Website” means the internet website
located at www.gnrsa.co.za or any subsequent URL which may replace it.

1.2. Any reference to the singular includes the plural and vice
versa.

1.3. Any law means the relevant law as at the date hereof and as
judiciously interpreted, amended or re-enacted from time to time.

1.4. A Party shall include a reference to that Party’s successors
in title and assigns allowed in law.

1.5. Where the signature of a Party is required in terms of these
Terms and Conditions, such signature must be a handwritten signature
although an electronic representation of such handwritten signature may
also be used.

2. IMPORTANT NOTICE

2.1. These Terms and Conditions apply to Users who are consumers
for purposes of the Consumer Protection Act, No 68 of 2008 (“CPA“).

2.2.

These Terms and Conditions contain provisions that appear in similar
text and style to this clause and which –

2.2.1.

may limit the risk or liability of MH Hub Za; and/or

2.2.2. may create risk or liability for the Users; and/or

2.2.3. may compel the User to indemnify MH Hub ZA; and/or

2.2.4.

serves as an acknowledgement, by the Users, of a fact.

2.3.

Your attention is drawn to these Terms and Conditions because they are
important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that
you do not understand, it is your responsibility to ask MH Hub Za to
explain it to you before you accept the Terms and Conditions or continue
using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be
understood to unlawfully restrict, limit or avoid any right of obligation,
as the case may be, created for either you or Mh Hub Za in terms of the
CPA.

2.6. Mh Hub Za permits the use of the Website subject to the Terms
and Conditions. By using the Website in any way, you shall be deemed to
have accepted all the Terms and Conditions unconditionally. You must not
use the Website if you do not agree to the Terms and Conditions.

2.7. These Terms and Conditions are divided into four sections, as
follows:

2.7.1. Part A: Online Sales;

2.7.2. Part B: Provision of Services;

2.7.3. Part C: Privacy Policy; and

2.7.4. Part D: General Legal Terms.

PART A: ONLINE SALES

3. REGISTRATION AND USE OF THE WEBSITE

3.1. Only registered Users may order Goods on the Website. Upon
registration, Users will be allocated an online shopping account.

3.2. To register as a User, you must provide your email address and
password and provide certain information and personal details to MH Hub Za.
You will need to use your email address and password to access the Website
in order to purchase Goods online.

3.3. You agree and warrant that your email address and password
shall:

3.3.1. be used for personal use only; and

3.3.2. not be disclosed by you to any third party.

3.4. MH Hub Za shall be entitled to monitor the User’s password
and, at its sole discretion, require the User to change it and/or terminate
such User’s account.

3.5. You agree to notify MH Hub Za immediately upon becoming aware
of or reasonably suspecting any unauthorised access to your online shopping
account and to take the necessary steps to mitigate any loss or damage
which you may suffer as a result of such unauthorised or fraudulent access
of your online shopping account.

3.6. By using the Website you warrant that you are 18 (eighteen)
years old or older and of full legal capacity. If you are under the age
of 18 (eighteen) or if you are not legally permitted to enter into a
binding agreement, then you may use the Website only with the involvement
and supervision of your parents or legal guardian. If your parents or
legal guardian supervises you and gives his/her consent, then such person
agrees to be bound to these Terms and Conditions and to be liable and
responsible for you and all your obligations under these Terms and
Conditions.

3.7. The use or distribution of tools designed for compromising
security (for example, password guessing programmes, hacking tools or
network probing tools) is strictly prohibited.

3.8. MH Hub Za reserves the right to investigate any suspected
violation of these Terms and Conditions.

4. ORDERS AND STOCK AVAILABILITY

4.1. Registered Users may place orders for Goods, which MH Hub Za
may accept or reject, within its sole discretion. Whether or not MH Hub
Za accepts an order depends on the availability of Goods and receipt of
payment or a payment authorisation by MH Hub Za for the Goods.

4.2. An agreement of purchase and sale between the User and MH Hub
Za will only come into effect upon the receipt of payment or a payment
authorisation by MH Hub Za for the Goods.

4.3. You acknowledge that stock of all Goods on offer is limited.
MH Hub Za will take all reasonable efforts to monitor stock levels and
ensure that when stock is no longer available, that the Website indicates
that such Goods are “out of stock”. MH Hub Za provides no guarantees with
regards to the availability of stock.

5. CANCELLATION OF ORDERS

5.1. Users may cancel an order at any time prior to the delivery of
such Goods to the User. MH Hub Za shall be entitled to require the User
to pay a reasonable penalty fee in respect of such cancellation.

5.2. After delivery of the Goods to the address indicated by the
User for such purpose, Users may only cancel the online order within 7
(seven) days of such delivery. Any costs incurred by the User in respect
of the return of such Goods to MH Hub Za, shall be for the Users’ own
account.

5.3. In the event of the User having made payment for such Goods
prior to the cancellation of the online order, MH Hub Za shall refund the
full purchase price to the User within 30 (thirty) days of the cancellation
of the order.

6. DELIVERY OF ORDERS

6.1. MH Hub ZA shall use its best endeavours to ensure that the
orders are delivered within 30 (thirty) days after the payment for such
order has cleared in MH Hub ZA banking account unless MH Hub ZA has
indicated a specific delivery period to the User on the Website or such
Goods are required to be imported into or out of South Africa.

6.2. If MH Hub ZA are unable to provide the User with the order on
the grounds that the Goods ordered are unavailable, MH Hub ZA shall
immediately notify the User of this fact and refund any payments received
by it from the User within 30 (thirty) days after the date of such notice.

6.3. Users shall be entitled to track the delivery of their order
by contacting MH Hub ZA on +27 615828057 or alternatively, via email on

[email protected]

7. PROVISION OF SERVICES

7.1. In addition to making available the Goods for sale, MH Hub ZA
may also render the Services to Users who wish to make use of them.

7.2. In respect of events, –

7.2.1 Events: Led by Yaniv Sebbag, he brings our events to life! Yaniv
creates events from small private gatherings to large-scale festivals and
concerts, ensuring every detail is meticulously planned and executed,
delivering exceptional and memorable results.

7.3. In respect of Podcast –

7.3.1 Podcasting & Multimedia Marketing: With Kermit Erasmus’s Plugged
podcast and multimedia marketing expertise, as well as his large social
media following, kermit helps your brand to connect with diverse audiences
and elevates your brand’s messaging.

PART C: PRIVACY POLICY

8.PRIVACY POLICY

8.1. Should you decide to register as a User on the Website or
purchase Goods, we may require you to provide us with your personal
information which includes, but is not limited to:

8.1.1. your name and surname;

8.1.2. your email address;

8.1.3. your physical address; and

8.1.4. your telephone number.

8.2. MH Hub ZA may, within its sole discretion, request Users to
provide certain additional information which it requires.

8.3. You agree that any personal information provided to MH Hub ZA
is accurate and current at the time of providing such personal information
to MH Hub ZA and that such personal information may be processed by MH Hub
ZA as contemplated in these Terms and Conditions. In the event of a
change in the personal information provided, you agree to inform MH Hub ZA
of such change as soon as reasonably possible.

8.4. Upon written request to MH Hub ZA, the User may request that
its personal information which is incorrect, or which has changed, be
corrected or amended.

8.5. Users may be requested to confirm the correctness of certain
personal information provided by them to MH Hub ZA, including but not
limited to a user’s identity, physical address and/or contact information.
Such confirmation is required for security and verification purposes and
may result in a User providing MH Hub ZA with (but not limited to) copies of
their identity document/passport, utility bills, licenses, rights to sell or
distribute a particular item or product, legal or financial document or any
other documentation related to the User’s use of MH Hub ZA ‘ online store.

8.6. MH Hub ZA shall not process a User’s personal information
without their express consent and any processing shall be limited to the
purpose for which such personal information was collected from the User.

8.7. MH Hub ZA shall not disclose your personal information to any
third party without your prior consent, other than:

8.7.1. to their employees and/or third party service providers
in respect of the delivery or order of Goods or management of the Website,
and as such need to know your personal information in order to communicate
with you properly and efficiently; and

8.7.2. to their suppliers in order for them to liaise directly
with Users in the event of the submission of a warranty claim regarding any
Goods which Users have purchased, and which may require such Users
involvement.

8.8. Notwithstanding any provision in this paragraph 8, MH Hub ZA
shall be entitled to use or disclose a User’s personal information if such
use or disclosure is required in order to comply with any applicable law,
order of court or legal process served on them, or to protect and defend
their rights or property.

8.9. MH Hub ZA will not, without a User’s consent, provide you with
communications concerning its services and/or developments in its product
offerings. A User may, however, at any time request MH Hub ZA to cease
sending such information to them or deregister from the relevant social
media platform, as the case may be.

8.10. Users may at any time request MH Hub ZA to provide them with a
copy of such User’s personal information which is within their possession.
The access to such personal information is governed by the Promotion of
Access to Information Act, No 2 of 2000 as read with the Protection of
Personal Information Act, No 4 of 2013.

8.11. MH Hub ZA hereby undertakes to –

8.11.1. treat a User’s personal information as strictly
confidential;

8.11.2. take appropriate measures to ensure that a User’s personal
information is kept secure and is protected against unauthorised or
unlawful processing, accidental loss, destruction or damage, alteration,
disclosure or access;

8.11.3. promptly notify a User if it becomes aware of any
unauthorised use, disclosure or processing of the User’s personal
information;

8.11.4. provide a User with reasonable evidence of its compliance
with the obligations imposed on it in terms of this privacy policy on
reasonable notice and request;

8.11.5. upon a User’s request, promptly return or destroy any and
all of such User’s personal information within its possession or control;
and

8.11.6. not to retain a User’s personal information longer than the
period for which it was originally needed, unless it is required or
authorised by law to do so, or a User has provided consent to it retaining
such information for a longer period.

8.12. MH Hub ZA

undertakes never to sell or make a User’s personal information
available to any third party other than as provided for in this policy,
unless it is compelled to do so by law. In particular, in the event
of any fraudulent payment, MH Hub ZA reserves the right to disclose
relevant personal information for criminal investigation purposes or in
line with any other legal obligation for disclosure of the personal
information which may be required of it.

8.13.

Whilst MH Hub ZA reasonably takes the necessary precautions to protect
a User’s rights of privacy, it cannot guarantee or accept any liability
whatsoever for unauthorised or unlawful disclosures of such User’s
personal information, whilst in its possession, made by third parties
who are not subject to their control, unless such disclosures are as a
result of MH Hub ZA

‘ gross negligence or wilful misconduct.

8.14. The Website makes use of “cookies” to automatically collect
information and data through the standard operation of the internet
servers. “Cookies” are small text files a website can use (and which MH
Hub ZA may use) to recognise repeat users, facilitate the user’s on-going
access to and use of a website and allow a website to track usage behaviour
and compile aggregate data that will allow the website operator to improve
the functionality of the website and its content. The type of information
collected by cookies is not used to personally identify a User. If a User
does not want information collected through the use of cookies, there is a
simple procedure in most browsers that allows a User to deny or accept the
cookie feature

. If a User accepts a “cookie”, it thereby consents to MH Hub ZA use
of any personal information collected by it using that cookie subject
to the provisions of this paragraph 8.

PART D: GENERAL LEGAL TERMS

9. PRICES AND PAYMENT

9.1. All prices displayed on the Website are in South African Rands
and include VAT, unless indicated otherwise and exclude delivery charges,
import duties and other taxes (if applicable).

9.2. Payments for orders via the Website shall proceed through
the First National Bank account and accordingly, shall be subject to
the aforesaid entity’s terms and conditions.

9.3. In addition to paragraph 9.2, payments may be made:

9.3.1. via electronic transfer of funds (“EFT“)
into MH HUB ZA banking account with the following details:

9.4. Transactions of a large quantity as contemplated in paragraph
11 below may involve additional screening, which will result in MH Hub ZA
requiring confirmation of certain key details before proceeding to fulfil
such order. In such instances, MH Hub ZA shall contact the User directly.
However, this may result in a delay in the delivery of the order.

10.DELIVERY CHARGES

10.1.

Sale items shall incur a standard delivery fee of R300.00 for South
Africa.

10.2.

Purchase for Africa will have a different delivery fee and shall be
dealt directly between MH Hub ZA and client via quote.

10.3. In the event of the User electing to collect the Goods directly
from MH Hub ZA, no delivery fee shall be payable by such User.

10.4. MH Hub ZA reserves the right to provide Users with amended quotes
taking into consideration the delivery charges contemplated in this
paragraph 10.

MH Hub ZA hereby brings to the User’s attention that its online system
is not able to take the aforesaid delivery charges into consideration
during checkout.

In the event of MH Hub ZA determining that an order placed by a User is
subject to extra delivery charges after checkout, it shall promptly inform
the User of such additional delivery charge.

10.5.

MH Hub ZA shall provide the User with an opportunity to either pay the
difference owed to it or to cancel the order.

10.6.

In the event of a refund in respect of an EFT payment, the funds may
only reflect in the User’s account 2 (two) or 3 (three) Business Days
after the actual refund has taken place.

10.7. MH Hub ZA makes use of reputable couriers to attend to its
deliveries. As such, the delivery of Goods by the aforesaid couriers shall
be subject to the courier’s terms and conditions. A copy of such terms and
conditions may be obtained from the couriers directly.

10.8. Users are advised that MH Hub ZA shall not take out insurance in
respect of the delivery of the Goods to the Users. Users are entitled to
arrange such insurance directly with the courier company used by MH Hub ZA
for such delivery to the User or to arrange their own insurance.

10.9. The User hereby indemnifies MH Hub ZA against any loss or damage
which may arise as a result of the delivery or transportation of the Goods
to the User or any claim which may be instituted against the User by the
abovementioned courier or such courier’s insurance company.

11.LARGE
QUANTITY ORDERS

11.1. Large quantity orders cannot be ordered online via the Website.
However, MH Hub ZA may be contacted directly to provide a quote and
estimated delivery time for such Goods.

11.2. In the event of large quantity orders being required to Africa,
the User will be required to pay a 100% deposit in order to secure the
order.

11.3. In the event of the cancellation of a large quantity order, MH Hub
ZA reserves its rights to require the User to pay a reasonable cancellation
fee in respect of such order, provided that MH Hub ZA shall not impose a
cancellation fee where the User is unable to honour the order as a result
of death or hospitalisation of the person for whom, or for whose benefit
the order was made.

12.CHANGE OR CANCELLATION OF ANY ORDER

12.1. MH Hub ZA has a 7-day money back guarantee for Users within
South Africa. As such, Users are entitled to return the Goods
purchased by them within 7 (seven) days of delivery thereof and obtain
a full refund and/or credit on their account with MH Hub ZA.

12.2. Such Goods must be returned in their entirety and in the same
condition as when they were delivered. The Goods must not have been
installed, removed and then returned and must be in their original,
undamaged packaging.

12.3.

MH Hub ZA shall be entitled to inspect the Goods prior to the return
thereof in order to determine whether such Goods are in a resalable
condition. An inspection report shall be prepared by MH Hub ZA in
this regard.

12.4. MH Hub ZA will process all refunds within 7 (seven) to 10 (ten)
Business Days from date of final inspection report contemplated in
paragraph 12.3 above.

12.5. A 10% handling fee may be charged by

MH Hub ZA in respect of cancelled orders, irrespective of whether such
Goods have been delivered or not. The aforesaid handling fee shall not
be charged in respect of Goods which have been returned as a result of
such Goods being defective, damaged or the Goods delivered to the User
being not the same as that ordered by the User.

12.6. The guarantee contemplated in paragraph12.1

above does not apply to any custom made, special order and/or sale
Goods.

12.7. In the event of a User wishing to change or cancel an order, such
User must contact MH Hub ZA on

[email protected]

, Monday to Friday. The invoice number and date of purchase must be
provided to MH Hub ZA upon change or cancellation of the order. Returns
shall be delivered to MH Hub ZA office situated at 88 Newmarket Street,
Woodstock. The aforesaid office is open from Monday to Friday, 09h00 to
16h00.

12.8.

MH Hub ZA will not accept returns of any Goods to its office without
prior authorisation and before a returned merchandise number issued to
a User.

12.9. Notwithstanding the provisions of this paragraph 12, nothing in
these Terms and Conditions shall detract from the provisions of the CPA
pertaining, in particular, to the implied warranty contemplated in section
56.

13. PRODUCT DESCRIPTIONS ON WEBSITE

13.1.

The Goods purchased by Users are subject to these Terms and Conditions
as well as to the specific conditions indicated within the product
description of such Goods and includes, but is not limited to,
provisions pertaining to delivery dates and times, warranties,
after-sales service and guarantees.

13.2. MH Hub Za will take all reasonable steps to ensure that the
details and product descriptions appearing on the Website are correct at
the time when the relevant information was entered onto the system.

13.3. MH Hub Za reserves the right to amend such information appearing
on the Website from time to time.

14.SPECIAL ORDER GOODS

14.1. In the event of the User requiring Goods to be made or procured
according to the User’s specifications and/or requirements and accordingly;
to be specially sourced by MH Hub ZA for the User, the User shall be
required to indicate such specifications upon placing its order. The User
shall not be entitled to refuse to accept, for whatsoever reason, delivery
of the Special Order Goods to the User, save in instances where such
Special Order Goods are defective or damaged as contemplated in these Terms
and Conditions.

14.2. Where Special Order Goods have already been delivered and the
User provides MH Hub ZA with written notification that it/he/she, for
whatsoever reason, no longer requires the Special Order Goods, MH Hub
ZA shall be entitled to refuse to accept the return of such Special
Order Goods and accordingly not refund the User any payments made by it
in respect of the Special Order Goods, provided that the provisions of
this paragraph

14.2 shall not apply in instances where the Special Order Goods are
defective.

14.3. In the case of Special-Order Goods,

MH Hub ZA


shall use its reasonable endeavours to ensure that the Special Order
Goods meet the specifications and/or requirements of the User as
expressed to


MH Hub ZA, it being understood that since MH Hub ZA is not the
manufacturer of the Special Order Goods, this cannot be guaranteed by
MH Hub ZA to the User.

15. PROMOTIONAL OFFERS

15.1. MH Hub ZA may make promotional offers available to Users through
various outlets and media formats. Each outlet and/or media format will
be subject to its own specific terms and conditions as stipulated by MH Hub
ZA.

15.2. Such promotional offers may be terminated by MH Hub ZA at any time
without advance notice having been provided. If terminated, a promotional
offer will continue to apply to Goods which were ordered prior to the
termination thereof, but which Goods will only be delivered after the
aforesaid termination.

16. DAMAGED, INCORRECT OR MISSING GOODS

16.1. Users are to contact MH Hub ZA within 7 days of delivery of goods
of any damages or incorrect products delivered. Such damaged or incorrect
Goods are not to be installed as this may void a warranty or damage claim.

17. FORCE MAJEURE

MH Hub ZA shall not be responsible for any failure to fulfil its obligations
under these Terms and Conditions if fulfilment has been delayed, hindered,
interfered with, curtailed or prevented by –

17.1. any circumstances beyond its reasonable control including but not
limited to insurrection, war, terrorism, an explosion, bombing, revolution,
riot, civil commotion, legal and illegal strikes, lock-outs, an inability
to obtain labour or materials, fire, flood, storm or other acts or elements
of God, accident, government restrictions or appropriation or other causes
whether like or unlike the a foregoing;

17.2. any shortage, curtailment, failure or cessation of supply of any
Goods;

17.3. compliance with any order, demand or request of any international,
national, port, transportation, local or other authority or agency or
anybody or person purporting to be or to act for such authority or agency;
or

17.4. any strike, lock-out, stayaway, go-slow or labour dispute, whether
or not MH Hub ZA is a party thereto or would be able to influence or
procure the settlement thereof and whether or not alternative labour is
provided or could have been provided, or the cause is only partial.

18. CHANGES TO THESE TERMS AND CONDITIONS

18.1. MH Hub ZA may, in its sole discretion, change these Terms and
Conditions at any time. It is the Users responsibility to regularly check
these Terms and Conditions and to make sure that it/he/she is satisfied
with the changes. Should the User not be satisfied, it/he/she must not
place any further orders on, or in any other way use the Website.

18.2.

Any such change will only apply to the User’s use of the Website after
the change is displayed on the Website. If the User uses the Website
after such amended Terms and Conditions have been displayed on the
Website, the User will be deemed to have accepted such changes.

19. OWNERSHIP AND COPYRIGHT

19.1. The Website is operated by MH Hub ZA.

19.2. The copyright to all information, material and logos vesting in MH
Hub ZA and appearing on the Website shall continue to vest in MH Hub ZA.

19.3. No right, title or interest in any proprietary material or
information contained on the Website is granted to the User hereunder.

19.4. The material and content accessible from the Website (“Website
Content“) and any other internet site owned, operated, licensed or
controlled by MH Hub ZA is their proprietary information and MH Hub ZA
retains all right, title and interest in and to the Website Content.

19.5. As such the Website Content may not be copied, distributed,
republished, uploaded, posted or transmitted in any way without the prior
written consent of MH Hub ZA or unless authorised in writing elsewhere on
the Website, provided that the User may print out a copy of the Website
Content solely for personal use. In doing so, the User may not remove or
alter, or cause to be removed or altered, any copyright, trademark, trade
name, service mark or any other proprietary notice or legend appearing on
any of the Website Content.

19.6. Modifications or use of the Website Content otherwise than as
expressly provided for in these Terms and Conditions violates MH Hub ZA
intellectual property rights.

19.7. Neither title in or to the intellectual property rights are
transferred to the User by its use of the Website.

20. RESTRICTIONS OF USE OF WEBSITE

20.1. The User may use the Website for purposes expressly permitted
thereon and only in terms of these Terms and conditions.

20.2. The User may not use the Website for any other purpose, including
any commercial purpose, without the prior written consent of MH Hub ZA.
For example, the User may not (and may not authorise any other party to)
(i) co-brand the Website; or (ii) frame the Website; or (iii) hyperlink the
Website, without the prior written consent of an authorised representative
of MH Hub ZA.

20.3. For purposes of these Terms and Conditions, “co-brand” means to
display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to
give a user thereof the impression that such other party has the right to
display, publish, or distribute the Website or content accessible within
the Website.

20.4. The User agrees to provide its co-operation in assisting MH Hub ZA
with preventing any unauthorised co-branding, framing or hyperlinking.

20.5.

The Website Content is provided as is and without warranties of any
kind, whether expressed or implied.

20.6. MH Hub ZA

does not warrant that the functions or that access to the Website
Content will be uninterrupted or error free or that the Website or the
server that makes the Website available to the public is virus (or
other harmful components) free.

20.7. MH Hub ZA

does not warrant or make any representation regarding use, or the
results of use of the Website Content in terms of accuracy, reliability
or otherwise.

21. LINKED THIRD PARTY WEBSITES

21.1. The Website may contain hyperlinks or references to other internet
sites which are not maintained, owned or related to MH Hub ZA. These
Terms and Conditions do not apply to those third party internet sites.

21.2. MH Hub ZA

has not reviewed any or all such internet sites and is not responsible
for the content of such internet sites. As such, hyperlinks are to be
accessed at the User’s own risk and

MH Hub ZA

makes no representations or warranties regarding the content,
completeness or accuracy of such hyperlinks or the internet sites
linked to such hyperlinks.

21.3. The inclusion of any hyperlink to a third-party internet site does
not necessarily imply endorsement by MH Hub ZA of such internet site.

22. BREACH

22.1. In the event of either of the Parties (“Defaulting Party“)
committing a breach of any of the terms of these Terms and Conditions and
failing to remedy such breach within a period of 10 (ten) Business Days
after receipt of a written notice from the other Party (“Aggrieved
Party“) calling upon the Defaulting Party so to remedy, then the
Aggrieved Party shall be entitled, at its sole discretion and without
prejudice to any of its other rights in law, either to claim specific
performance of the provisions of these Terms and Conditions or to cancel
the order forthwith and without further notice, and in either case to claim
and recover damages form the Defaulting Party.

22.2. The Parties agree that any costs awarded will be recoverable on an
attorney-and-own-client scale unless the Court specifically determines that
such scale shall not apply, in which event the costs will be recoverable in
accordance with the High Court tariff, determined on an attorney-and-client
scale.

23. DISCLAIMER

23.1.

The use of the Website is entirely at the User’s own risk and the User
assumes full responsibility for any risk or loss resulting from use of
the Website or reliance on any information on the Website.

23.2. Whilst MH Hub ZA takes reasonable measures to ensure that the
content of the Website is accurate and complete, it makes no
representations or warranties whether express or implied, as to the
accuracy, completeness or reliability of any information on the Website.

23.3. MH Hub ZA

shall not be held liable for any damage, loss or liability, whether
direct, indirect or consequential in nature, arising out of or in
connection with the User’s access to or use of the Website and/or any
content therein unless otherwise provided by law.

23.4. Any views or statements made or expressed on the Website are not
necessarily the view of MH Hub ZA, its members, directors, employees,
contractors and/or agents.

23.5.

In addition to the disclaimers contained elsewhere in these Terms and
Conditions,

MH Hub ZA

makes no warranty or representation, whether express or implied, that
the information or files available on the Website are free of viruses,
spyware, malware, Trojans, destructive materials or any other data or
code which is able to corrupt, destroy, compromise, disrupt, disable,
harm, jeopardise or otherwise impede in any manner the operation,
stability, security functionality or content of the User’s computer
system, computer network, hardware or software in any way.

23.6.

The User accepts all risk associated with the existence of such
viruses, destructive materials or any other data or code which is able
to corrupt, destroy, compromise, jeopardise, disrupt, disable, harm or
otherwise impede in any manner the operation or content of a computer
system, computer network, any handset or mobile device, or a User’s
hardware or software, save where such risks arise due to the gross
negligence or wilful misconduct of


MH Hub ZA, its members, directors, employees, contractors, agents or
authorised representatives. MH Hub ZA


thus disclaims all liability for any damage, loss or liability of any
nature whatsoever arising out of or in connection with the User’s
access to or use of the Website.

24. LIMITATION OF LIABILITY

24.1. MH Hub ZA

cannot be held liable for any inaccurate information published on the
Website and/or any incorrect prices displayed on the Website, save where
such liability arises from the gross negligence or wilful misconduct of


MH Hub ZA, its directors, employees, contractors, agents or authorised
representatives.

24.2. MH Hub ZA makes no warranties or representations of any kind,
whether express or implied, in relation to the Website or transaction that
may be conducted on or through the Website.

24.3. MH Hub ZA shall not be liable for any direct, indirect,
incidental, special or consequential loss or damages which may arise from a
User’s use of, or reliance upon, the Website or the content contained in
the Website, or a User’s inability to use the Website and/or unlawful
activity on the Website and/or any linked third party internet site.

24.4. Users hereby indemnify MH Hub ZA

against any loss, claim or damage which may be suffered by such Users
or any third party arising in any way from the User’s use of the Website
and/or any linked third-party internet site.

25. GUARANTEE ON GOODS

25.1. All Goods sold by MH Hub ZA are subjected to supplier’s guarantee.
This guarantee only applies to the normal usage of Goods.

25.2. MH Hub ZA does not guarantee products against any adverse weather
conditions, in particular Goods damaged as a result of wind and rain.

25.3. Users are advised to provide some form of covering for the Goods
purchased from MH Hub ZA and not for the Goods to remain exposed throughout
the year.

25.4. MH Hub ZA can provide Users with advice on how to efficiently use
and protect their Goods against harsh weather conditions.

26. AVAILABILITY AND TERMINATION

26.1. MH Hub ZA reserves the right to discontinue the provision of the
Website or any part thereof with or without notice to Users.

26.2. MH Hub ZA

may, in its sole discretion, terminate, suspend and/or modify the
Website.

26.3. MH Hub ZA

will not be held liable for any damage or loss incurred by a User as a
result of it electing to terminate, suspend and/or modify the Website.

27.GOVERNING LAW AND JURISDICTION

27.1. These Terms and Conditions and/or any dispute arising from or in
connection with these Terms and Conditions shall be governed by and
interpreted in accordance with the laws of South Africa. A Users use of
the Website constitutes its consent and submission to the jurisdiction of
the South African courts regarding all proceedings, transactions,
applications or the like instituted by either party against the other,
arising from any of these Terms and Conditions.

27.2. In the event of any dispute arising between the User and MH Hub
ZA, you hereby consent to the non-exclusive jurisdiction of the High Court
of the Republic of South Africa (Western Cape Division, Cape Town)
notwithstanding that the quantum in the action or proceedings may otherwise
fall below the monetary jurisdiction of that court.

27.3. Nothing in this paragraph 27 or these Terms and Conditions shall
limit a User’s rights to approach any court, tribunal or forum of competent
jurisdiction in terms of the CPA.

28. NOTICES

28.1. MH Hub ZA hereby elects

42, Glengariff road, Sea Point, Cape Town

as its address for the service of all formal notices and legal processes in
connection with these Terms and Conditions. MH Hub ZA may change the
aforesaid address from time to time by updating these Terms and Conditions.

28.2. The User elects the address indicated on the Goods order form as
its nominated address for the service of all formal notices and legal
processes in connection with these Terms and Conditions. The User may
change its address to any other physical address by giving MH Hub ZA 5
(five) Business Days written notice thereof.

28.3. Notices may be sent either by hand, registered post or via email
and must be in English. All notices sent –

28.3.1. by hand, will be deemed to have been received on the date of
delivery;

28.3.2. by registered post, will be deemed to have been received
within 10 (ten) days after the date of posting; and

28.3.3. by email before 17h00 on a Business Day will be deemed to
have been received on the date on which the email is successfully
transmitted. All emails sent after 17h00 shall be deemed to have been
received on the following business day.

29. MH Hub ZA INFORMATION

For the purposes of compliance with the provisions of ECTA, MH Hub ZA
information is as follows:

29.1. Full name: MH Hub Pty, registration number
2024/3111018/07;

29.2. Main business: Podcasting, media, events and retail
of music instruments and accessories;

29.3.

Physical Address for receipt of legal service (also postal and street
address)

: 42, Glengariff road, Sea Point, Cape Town

29.4. Office bearers: Yaniv Sebbag, Mornay Hoffmeester,
Kermit Erasmus

29.5. Phone number: +27 615828057; and

29.6. Official email address:

[email protected]

.

30. GENERAL

30.1. A User may not cede, assign or otherwise transfer its rights,
title and obligations in terms of these Terms and Conditions to any third
party.

30.2. Any failure on the part of a User or MH Hub ZA to enforce any
right in terms of these Terms and Conditions shall not constitute a waiver
of that right.

30.3. If any provision of these Terms and Conditions are declared
invalid, the remaining provisions will remain in full force and effect.

30.4. No variation, addition, deletion or agreed cancellation of these
Terms and Conditions will be of any force or effect unless it is in writing
and accepted by or on behalf of the parties thereto.

30.5. No indulgence, extension of time, relaxation or latitude which any
party may show, grant or allow to the other party shall constitute a waiver
by the grantor of any of the grantor’s rights and the grantor shall not
thereby be prejudiced or stopped from exercising any of its rights against
the grantee which may have arisen in the past or which might arise in the
future.

30.6. These Terms and Conditions contain the whole agreement between the
User and MH Hub ZA and no other warranty or undertaking is valid, unless
contained in this document between the parties.