TERMS

GLOSSARY OF TERMS:
In this document the following terms in bold means the following:
Items – Item, groceries, beverages, viewing of vendors listings, car wash services, event listings and other services listed on the KGORO APP

Registered user – Customer registered with the online App

Retail outlet – Retail outlets selling on the KGORO APP

1. Introduction
   The KGORO software application and website at www.kgoroonline.com. (the “App”) is available for download from various app stores identified by Swigs (Pty) Ltd from time to time, on compatible electronic devices, or accessible through the website. KGORO is owned and operated Swigs(Pty) Ltd (SWIGS). KGORO allows users to order and purchase a variety of retail outlets from various retail outlets. These terms and conditions govern the ordering, purchasing, sale, delivery, and collection of items listed on KGORO. These Terms and Conditions are binding and enforceable against every person that accesses or uses KGORO. 
2. 2. Important Notice By using KGORO, you acknowledge that you have read and agree to be bound by these Terms and Conditions. Users must not utilize KGORO or Telephone Service if you do not agree to the Terms and Conditions. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”). If you do not understand any provision in these Terms and Conditions, it is your responsibility to contact KGORO to explain it to you before you accept the Terms and Conditions by continuing to use KGORO.Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, asthe case may be, created for either you or SWIGS (Pty) Ltd in terms of the CPA. How it works: You may order items and other services via KGORO. Before completing the order, you are required to specify your address. You will only be allowed to order items and other services, which fall within the pre-arranged area (as determined by SWIGS) surrounding your given address. Where you have ordered using KGORO the items and/or other services listed on KGORO will be delivered to you by SWIGS its duly authorised nominee or the specific retail store you ordered from, i.e a courier. You can only order items other services from one Retail store at a time,

in each order that you place.
You can only place orders for items and other services from a vendor, or
retail outlet provided that it is open for business and active on KGORO.
You may only place orders for liquor products during the hours permitted
by law. We reserve the right to suspend or terminate the availability of
any item listed on KGORO.
You acknowledge that, notwithstanding that the items may be ordered
via KGORO, you place such order with the relevant Vendor and/or
vendor. The sale of any item (formed on acceptance of an order, as set
out in bellow) is solely between the registered user and the relevant
Vendor and/or vendor. Neither SWIGS nor any party attending to the
Courier Delivery is a party to that sale of the item. SWIGS only provides

the platform to facilitate transactions between Vendors and registered
users in relation to the items listed on KGORO. KGORO is neither the
buyer nor the seller of the items listed on KGORO. Any claims the
registered user may have in respect of the items shall be against the
relevant Vendor and/or vendor.

Dispute
In the event of any complaints that a registered user may have in
connection with the sale of any item listed on KGORO, SWIGS will be
your first point of contact. Although SWIGS is entitled to become
involved in an attempt to resolve it, SWIGS is not obliged to do so and
any disputes must be resolved between the registered user and the
relevant Vendor and/or vendor.

4. Registration and use of KGORO
   Only registered users may order/utilize items via KGORO.
   Prior to registering on KGORO, you must provide SWIGS with your
   email address or telephone number, personal details and any other
   relevant information required.
   The authorised user will then be requested to select a unique username
   and a password.
   The authorised user will need to use the unique username and
   password to place an order via KGORO. The registered user will submit
   his/her username and password whenever ordering any item via
   KGORO, failing which SWIGS will not process your order.
   REGISTERED USER INDEMNITY
   The registered user agrees and warrants that his or her username and
   password (if applicable) shall:
   o not be disclosed by him/her to any third party;
   The registered user agrees that, once his/her correct username and
   password have been entered (in relation to KGORO), irrespective of

whether the use of the username and/or password is unauthorized or
fraudulent, you will be liable for payment of any resulting order;
The registered user is obliged to notify SWIGS immediately upon
becoming aware of or reasonably suspecting any unauthorised access
to or use of his/her username and/or password and to take steps to
minimise any resultant loss or harm.
The registered user may use KGORO only for lawful purposes and may
not in any way (including without limitation by use of any robot, spider,
other automatic device, or manual process) monitor, distribute, display,
publish, copy, print, post, modify or otherwise use KGORO and/or the
information contained therein without the express prior written consent of
SWIGS.

5. Conclusion of Sales and availability of items
   Registered users may place orders for Item, which the Vendor
   and/or may accept or reject. The placing of an order will happen when
   payment is made by any of the acceptable payment methods explained
   and is confirmed on KGORO. Whether or not the Vendor and/or
   Item accepts an order depends on various factors, including but not
   limited to, the availability of Item, capacity for Courier Delivery,
   correctness of the information relating to the item (such as the price) and
   receipt of payment or payment authorisation (if applicable) by SWIGS for
   the Item.
   Upon conclusion of the above KGORO will indicate the acceptance of
   your order by way of notification on KGORO or email and only at that
   point will agreements of sale come into effect between the registered
   user, the vendor, any retail outlets (if applicable), and SWIGS in respect
   of the Courier Delivery services (if you requested Courier Delivery of the
   Item).
   In the event of the registered user’s order being rejected by the vendor,
   any retail outlet, SWIGS will indicate the rejection of your order by
   cancelling it, notifying you thereof and credit your Credit Wallet, for the
   amount you already paid. You can then use this credit either
   immediately to place another order at another vendor or retail outlet or at
   a later date when you place your next order with SWIGS.
   In the event of the registered user wishing to cancel an order, he/she
   must contact SWIGS via telephone immediately, and SWIGS will use its
   reasonable endeavours to effect such cancellation. You will not be able
   to cancel your order via KGORO, or after an Acceptance Notice has

been generated. You will not be able to change your order after placing
it, but may be able to cancel (subject to the above), and place a new
one.
Items placed in your shopping basket on KGORO without completing the
purchase cycle does not constitute an order for any items, and as such,
items may be removed from the shopping basket if stock is no longer
available or the price thereof might change without notice to you. You
cannot hold SWIGS and/or the Vendor liable if such Item is not available
or is not available at a particular price when you complete or attempt to
complete the purchase cycle at a later stage.
SWIGS relies on information supplied to it by the Vendors relating to the
Item, and SWIGS accordingly bears no liability for any inaccuracies in
such information supplied to it. Stock of all Item on offer may be limited.  
When Item is no longer available after you have placed an order or the
Vendor does not accept your order, SWIGS will notify you thereof and
reject your order or cancel the Sale.

SWIGS will credit your Credit Wallet for the amount you paid in respect
of the Failed Order. You can use this credit either immediately or at a
later date when you place your next order with SWIGS.
You also acknowledge that the pricing of Item may change at any time
without notice to you, but no price change will affect any Item ordered in
respect of which you have received an Acceptance Notice, except in the
case of an obvious pricing error.
Any dispute regarding inaccurate information relating to a Vendor or
Item, Item pricing errors or sold-out Item should be resolved between
you and the relevant Vendor; your respective rights and obligations
being as set out in these Terms and Conditions.
It is your responsibility to establish from the relevant Vendor which
ingredients will be used when preparing the Item and make the
necessary arrangements with such Vendor to exclude any ingredients if
you have any allergies or special requirements (unless such exclusions
can be made by you on KGORO). We cannot and do not guarantee that
the Item will be free of allergens and we disclaim any liability relating to
any ingredients or allergens contained in Item.

Before placing an order with SWIGS for delivery services relating to any
prescriptions and medication ordered from any pharmacy please refer to
the FAQ section for the steps to be followed.

6. Minors, liquor and tobacco:
   By using KGORO you warrant that you are 18 years of age or older and
   of full legal capacity. If you are under the age of 18 or if you are not
   legally permitted to enter into a binding agreement, then you may use
   KGORO only with the involvement and supervision of your parent or
   legal guardian.
   If your parent or legal guardian supervises you and gives his/her
   consent, then he/she 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.
   You may be requested to provide proof of your age before receiving any
   liquor or tobacco products ordered via KGORO. Vendors may not sell
   liquor or tobacco products to you if you are under the age of 18
   (regardless of any supervision by a parent or guardian).The Courier
   Delivery or Self-collection of any liquor or tobacco products may be
   refused and you will be held liable for all charges relating to such order,
   should you fail to provide adequate proof that you are 18 years of age or
   older, or if you appear to be under the influence of drugs or alcohol at
   the time of delivery or collection of such products.
7. Conclusion of Sales and availability of Item
   For each order, you will be charged as follows:
   o the total Item price by the relevant Vendor;
   o where you have selected Courier Delivery, a Courier Delivery fee by
   SWIGS
   o where you have ordered from certain Vendors as listed on KGORO, a
   personal shopper fee by SWIGS may be charged in addition to the
   Courier Delivery fee.
   If specifically requested by you, SWIGS will provide you with a valid
   invoice for any fees charged by it in respect of the Courier Delivery. The
   invoice will be sent to you by email and will also reflect the price of the

purchased Item as a line item. Please contact the relevant Vendor
directly if you require a valid invoice in respect of the purchased Item. If
any Vendor fails to provide you with the invoice within 5 business days
after your request, you may notify us thereof and we will endeavour to
obtain and provide you with the required invoice as soon as possible.

8. Payment
   SWIGS will receive payment of all order charges including any item
   orders and will pay the Item-related portion thereof to the relevant
   Vendor and/or retail outlet.
   If a Cloud Driver is used pursuant to a Courier Deliver, SWIGS will
   receive payment and will pay the delivery-related portion thereof to the
   relevant Cloud Driver.
   Payment for your order can be made in one of the following ways (only
   one payment method may be used to settle the amount due and not a
   combination of payment methods, except when Credit Wallet is used in
   combination of another payment method):
   o  Credit Card Payment by credit card may only be made when an order is
   placed via KGORO. Where payment is made by credit card, we may
   require additional information in order to authorise and/or verify the
   validity of payment. You will be redirected to the secure site of our
   payment gateway, which is not owned by SWIGS or under SWIG’S
   control, and for which you acknowledge SWIGS is not responsible in
   law. Such payment gateway is however committed to upholding strict
   security standards, and at no stage will SWIGS store your credit card
   details (save for the last four digits for payment purposes). We are
   entitled to withhold processing the order until such time as the additional
   information is received by us and authorisation is obtained by us for the
   amounts. You confirm that you are fully authorised to use the credit card
   supplied for purposes of paying the order charges. You also warrant that
   your credit card has sufficient available funds to cover all the order
   charges; and
   o  Cash on delivery: Cash payments may only be made to SWIGS or its
   nominee upon receipt of the Item by means of Courier Delivery (not Self-
   collection). By selecting this option, you undertake to ensure that you

have sufficient cash on hand at the time of delivery to cover the order
charges.

o  Instant EFT: Where payment is made by EFT, we may require
additional information in order to authorise and/or verify the validity of
payment. You will be redirected to the secure site of our payment
gateway, which is not owned by SWIGS or under SWIGS’ control, and
for which you acknowledge SWIGS is not responsible in law. Such
payment gateway is however committed to upholding strict security
standards, and at no stage will SWIGS store your banking details. We
are entitled to withhold processing the order until such time as the
relevant information is received by us and authorisation is obtained by
us for the transaction. If we do not receive authorisation, your order for
the Item will be cancelled. You warrant that you are fully authorised to
use the bank details supplied for purposes of paying the order charges.
You also warrant that your bank account has sufficient available funds to
cover all the order charges;
o  Credit Wallet: Please refer to our FAQ for more details on this payment
option.
The above payment options are explained in more detail in our FAQ
section, which is incorporated by reference (which means that it is
deemed to form part of these Terms and Conditions)

9. Delivery of Items
   Delivery of Item provisions during National Covid-19 Lockdown:
   When you place an order for Item utilizing a Courier Delivery by SWIGS
   or its Courier (as defined below), it is your responsibility to select a
   physical address to which the Item should be delivered that is in
   compliance with the current Government lockdown restrictions. SWIGS
   accepts no responsibility and/or liability of any nature whatsoever for
   your selection of delivery address which is not in compliance with any
   Government lockdown restrictions. Should your Delivery address not be
   in compliance with any Government lockdown restrictions, SWIGS would
   be entitled to cancel your order at any time, without any refund to you.
   When you order item for Courier Delivery by SWIGS or its nominee (i.e.
   a SWIGS appointed driver an independent contractor or Cloud Driver)

you are required to indicate the physical address to which the Item
should be delivered and you are not allowed to change the Delivery
Address after submitting your order; and (iii) you will only be allowed to
order Item from Vendors within the prescribed range as determined from
time to time from your Delivery Address.
When ordering Item for Self-collection you must provide a physical
address in order for SWIGS to provide you with a selection of Vendors in
such area and you will only be allowed to order Item from such Vendors.
Where you have requested the Item to be delivered to you by way of
Courier Delivery and you have received an Acceptance Notice:
o the Courier will endeavour to deliver the Item to you by the estimated
delivery time specified in the Acceptance Notice, however, delivery times
are not guaranteed and may be subject to external factors including but
limited to force majeure, events outside of the Courier’s control such as
traffic, and delays by the vendor in relation to your order may result in a
delay of the delivery of the item, but the Courier will continue with its
efforts to deliver the items to you as soon as possible in the
circumstances; and
o SWIGS’ obligation to the registered user is fulfilled when the Courier
delivers the Items to the Delivery Address as provided by the registered
user. The Courier is only responsible for the delivery of the items to the
Delivery Address.

o Upon arrival at the delivery address it is your responsibility as a
registered user to open the door or respond to the courier’s telephone
calls within 10 minutes failing which the Courier may leave the premises,
taking the Item with it, and you will remain liable for payment of all order
charges. 

o If you are not able to be present at the Delivery Address to accept
delivery of the Item, it is your responsibility to arrange for someone else
to accept the delivery at such address and pay for the order on your
behalf if payment has not yet been made. Neither SWIGS nor the
Vendor is responsible for any loss or unauthorised consumption or use
of item, after the Courier has delivered the Item to the Delivery Address.
Where you have ordered Items for Self-collection from the vendor and
you have received an Acceptance Notice:

o you or your nominee should display a copy of the Acceptance Notice to
the vendor upon collection of the Item; and
o the Vendor is responsible for making the Item available for collection by
you or your nominee at its premises, at the estimated collection time set
out in the Acceptance Notice.
o Any dispute regarding the vendor failing to make the Item available at
the collection time or within 60 minutes thereafter, should be resolved
between you and the relevant vendor; your respective rights and
obligations being as set out in these Terms and Conditions.
For more information about delivery, please see our FAQ section.

11. Complaints
    In instances of any complaints in relation to the following; a problem with
    your Item quality and/or temperature, if you receive the wrong order or if
    you receive order which is not as described on KGORO we would like
    for you to contact us at SWIGS by telephone or email as soon as
    possible.
    After receipt of such complaint and after considering in its sole discretion
    that the cause for the complaint was due to the fault of the vendor, we
    will communicate your complaint to the relevant vendor, and thereafter
    the matter will need to be resolved by the parties to the Sale of items,
    being you and the vendor.

12. Coupons
SWIGS may from time to time make Coupons available for use on
KGORO towards the purchase of Item. Coupons can only be redeemed
while they are valid and their expiry dates cannot be extended.
Coupons are issued in SWIGS’ sole discretion and we are entitled at any
time to correct, cancel or reject a Coupon for any reason. Users do not
have a right to Coupons, and Coupons cannot be earned. Coupons are
issued under specific terms and conditions regulating when and how
they may be used.
Unless otherwise stated under the specific terms and conditions
regulating the Coupon:

o  each Coupon can only be used once;
o  only one Coupon can be used per order;
o  only one Coupon can be used per person per promotion/campaign on
KGORO;
o  a Coupon must be used at check-out – it cannot be used later on
existing orders;
o  Coupons with a percentage discount offer may only be redeemed on
purchases with a total cart value less than R2,000; and
o  the value of the Coupon will be set off against the value of your
shopping basket and the balance remaining, if any, will be payable by
you.
Coupons cannot be used to buy other Coupons, and cannot be
exchanged or refunded for cash or credit. However, if you use a Coupon
and your order is rejected or your Sale is cancelled, your Coupon will be
made available for use again.
These Terms and Conditions contain provisions that appear in similar
text and style to this clause and which –
o  May limit the risk or liability of SWIGS or a third party; and/or
o  May create risk or liability for the user; and/or
o  May compel the user to indemnify SWIGS or a third party; and/or
o  Serve as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are
important and should be carefully noted.

14. Changes to these Terms and Conditions
    SWIGS may, in its sole discretion, change any of these Terms and
    Conditions at any time. It is your responsibility to regularly check these
    Terms and Conditions and make sure that you are satisfied with the
    changes. Should you not be satisfied, you must not place any further
    orders on, or in any other way use, KGORO.
    Any such change will only apply to your use of KGORO after the change
    is displayed in these Terms and Conditions. If you use KGORO or
    Telephone Service after such amended Terms and Conditions have
    been displayed, you will be deemed to have accepted such changes.
15. Electronic communications
    When you use KGORO or send emails to us, you consent to receiving
    communications from us or any of our divisions, affiliates, or partners

electronically in accordance with our Privacy Policy as set out in Part B
above.

16. Ownership and copyright
    The contents of KGORO, including any material, information, data,
    software, icons, text, graphics, lay-outs, images, sound clips,
    advertisements, video clips, trade names, logos, trade-marks, designs
    and service marks which are displayed on or incorporated in KGORO
    are protected by law, including but not limited to copyright and trade
    mark law. KGORO Content is the property of SWIGS, its advertisers
    and/or sponsors, and/or is licensed to SWIGS.
    You will not acquire any right, title, or interest in or to KGORO or
    KGORO Content.
    Any use, distribution or reproduction of KGORO Content is prohibited
    unless expressly authorised by an authorised SWIGS representative or
    otherwise provided for in law.
17. Disclaimer
    The use of KGORO is entirely at your own risk and you assume full
    responsibility for any risk or loss resulting from such use or reliance on
    any information on KGORO.
    Whilst SWIGS takes reasonable measures to ensure that the content of
    KGORO is accurate and complete, SWIGS makes no representations or
    warranties, whether express or implied, as to the quality, timeliness,
    operation, integrity, availability or functionality of KGORO, or as to the
    accuracy, completeness or reliability of any information on KGORO. If
    any such representations or warranties are made by SWIGS’
    representatives, SWIGS shall not be bound thereby.
    SWIGS disclaims liability for all damage, loss or expense, whether
    direct, indirect or consequential in nature, arising out of or in connection
    with your access to or use of KGORO and/or any content therein, unless
    otherwise provided by law.
    Any views or statements made or expressed on KGORO are not
    necessarily the views of SWIGS, its directors, employees and/or agents.
    In addition to the disclaimers contained elsewhere in these Terms and
    Conditions,  also makes no warranty or representation, whether express

or implied, that the information or files available on KGORO 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 your computer
system, computer network, hardware or software in any way. You accept
all risk associated with the existence of such viruses, destructive
materials or any other data or code which is able to corrupt,
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 your hardware or software,
save where such risks arise due to the gross negligence or wilful
misconduct of SWIGS, its employees, agents or authorised
representatives. SWIGS thus disclaims all liability for any damage, loss
or liability of any nature whatsoever arising out of or in connection with
your access to or use of KGORO.

18. Linked third party websites
    KGORO may contain links or references to other websites (“Third Party
    Websites”) which are outside of our control, including those of
    advertisers. These Terms and Conditions do not apply to those Third
    Party Websites and SWIGS is not responsible for the practices and/or
    privacy policies of those Third Party Websites or the “cookies” that those
    sites may use.
    Notwithstanding the fact that KGORO may refer to or provide links to
    Third Party Websites, your use of such Third Party Websites is entirely
    at your own risk and we are not responsible for any loss, expense, claim
    or damage, whether direct, indirect or consequential, arising from your
    use of such Third Party Websites or your reliance on any information
    contained thereon.
19. Availability and termination
    We will use reasonable endeavours to maintain the availability of
    KGORO, except during scheduled maintenance periods, but are entitled
    at any time to discontinue providing KGORO or any part thereof with or
    without notice to you.
    SWIGS may in its sole discretion terminate, suspend and modify
    KGORO, with or without notice to you. You agree that SWIGS will not be

liable to you in the event that it chooses to suspend, modify or terminate
KGORO, other than for processing any orders made by you prior to such
time, to the extent possible.
If you fail to comply with your obligations under these Terms and
Conditions, including any incident involving payment of the price of an
order for any Item, this may (in our sole discretion with or without notice
to you) lead to a suspension and/or termination of your access to
KGORO, without any prejudice to any claims for damages or otherwise
that we may have against you.
SWIGS is entitled, for purposes of preventing suspected fraud and/or
where it suspects that you are abusing KGORO and/or have created
multiple user profiles to take advantage of a promotion or Coupon
intended by SWIGS to be used once-off by you, to blacklist you on its
database (including suspending or terminating your access to KGORO),
refuse to accept or process payment on any order, and/or to cancel any
order concluded between you and SWIGS, in whole or in part, on notice
to you. SWIGS accepts no other liability which may arise as a result of
such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using KGORO, with or without
notice to SWIGS.

21. Force majeure events
    As between you and SWIGS, you and any Courier, Cloud Driver or any
    Vendor, no party will be liable to any other party for any delay or failure
    in performing its obligations (excluding payment obligations) in terms of
    these Terms and Conditions due to an event beyond its control,
    including but not limited to, an act of God, fire, flood, earthquake or war.
22. Governing law and jurisdiction
    These Terms and Conditions, the relationship between you and SWIGS,
    any Vendor or any Courier, and/or any dispute arising from or in
    connection with these Terms and Conditions shall be governed and
    interpreted in accordance with the laws of the Republic of South Africa.
    Your continued use of KGORO will constitute your 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.

In the event of any dispute arising between you and SWIGS, you hereby
consent to the non-exclusive jurisdiction of the Johannesburg Magistrate
Court, notwithstanding that the quantum in the action or proceedings
may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 22 or the Terms and Conditions limits your right to
approach any court, tribunal or forum of competent jurisdiction in terms
of the CPA.

23. Notices
    SWIGS hereby selects
    , which copy must be given in order for notice to be validly given) as its
    address for the service of all formal notices and legal processes in
    connection with these Terms and Conditions (“legal address”). SWIGS
    may change this address from time to time by updating these Terms and
    Conditions.
    You hereby select the email address and any delivery address specified
    with your orders as your legal address, but you may change it by giving
    SWIGS  not less than 7 days’ notice in writing.
    Notices must be sent either by hand, prepaid registered post or email
    and must be in English. All notices sent –
    o by hand will be deemed to have been received on the date of delivery;
    o by prepaid registered post, will be deemed to have been received 10
    days after the date of posting; and
    o
    o by email before 16h30 on a business day will be deemed to have been
    received, on the date of successful transmission of the email. All emails
    sent after 16h30 or on a day which is not a business day will be deemed
    to have been received on the following business day, unless the contrary
    is proved.
24. Information
    For the purposes of the Electronic Communications and Transactions
    Act 2002, SWIGS information is as follows, which should be read in
    conjunction with its product descriptions and other terms and conditions
    contained on KGORO:
    Full name: SWIGS (Pty) Ltd, a private company registered in South
    Africa with registration number 1992/04664/07.
    Main business: App Development

Physical address for receipt of legal service (also postal and street
address): 41 sloane street bryanston – swigs (marked for attention: CEO
and Legal), with a copy to info@kgoro.coza , which copy must be given
in order for notice to be validly given
Office bearers: Letlotlo
Phone number: +27 76 124 1674
Official email address: info@kgoro.co.za

25. General
    SWIGS may, in its sole discretion, at any time and for any reason and
    without prior written notice, suspend or terminate the operation of
    KGORO, or the user’s right to use KGORO, or any of its contents,
    subject to us processing any orders then already made by you.
    You may not cede, assign or otherwise transfer your rights and
    obligations in terms of these Terms and Conditions to any third party.
    Any failure on the part of you or SWIG to enforce any right in terms
    hereof shall not constitute a waiver of that right.
    If any term or condition contained herein is declared invalid, the
    remaining terms and conditions will remain in full force and effect.
    No variation, addition, deletion, or agreed cancellation of the Terms and
    Conditions will be of any force or effect unless in writing and accepted by
    or on behalf of the parties hereto.
    No indulgence, extension of time, relaxation or latitude which either you
    or SWIGS (the “grantor”) may show, grant or allow to the other of them
    (the “grantee”) 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.
    These Terms and Conditions contain the whole agreement between you
    and SWIGS and no other warranty or undertaking is valid, unless
    contained in this document.