Website terms & conditions of use
Welcome to the JEWELERS DISPUTE SOLUTIONS website. The website provides information for JEWELERS DISPUTE SOLUTIONS (The Max Organisation CC dba JEWELERS DISPUTE SOLUTIONS). The website is owned by The Max Organisation CC and is located in South Africa.
By accessing and using this website, you agree to be bound by the terms and conditions set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.
Your use of the website
You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.
You agree to access and use this site entirely at your own risk. Please read the Exclusion of Liability clauses below.
Choice of law
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Cape Town High Court in the event of any dispute.
Accuracy of information
While every effort is made to ensure that the information provided on this website is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.
We respect the privacy of all visitors to this site. You may use this site without providing any personal information. However, so that we can regularly assess and improve the site, we collect information on the number of visits to the site, pages viewed, etc.
Copyright and use of material
The Max Organisation CC retains copyright in the website and all current and future content displayed on the website which is not owned by third parties. In terms of a limited licence, granted for general use, The Max Organisation CC grants the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for your personal, non-commercial and informational purposes only.
In addition, The Max Organisation CC grants you permission to copy and distribute information from the website for non-commercial purposes, provided that: (i) this information has not been sourced from third parties; (ii) you notify The Max Organisation CC of such use; and (iii) SouthAfrica.info is acknowledged as the source by reference to the website address.
This website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of The Max Organisation CC .
We value feedback received from visitors to our site. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and The Max Organisation CC is not liable to any third party for the content of your comments.
Please also note that we cannot respond to all feedback we receive.
Comments: JEWELERS DISPUTE SOLUTIONS
External links and advertising. Wherever this website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.
Wherever third party advertising or promotional material is displayed on this website, this should not be construed as The Max Organisation CC endorsing or creating any relationship between The Max Organisation CC and that third party. Reliance on any such material is entirely at your own risk.
Any third party wishing to link to this website from their website must obtain permission from The Max Organisation CC , and permission may be granted on terms and conditions agreed.
Exclusion of liability
You expressly agree that the use of this website is entirely at your own risk. The website and all its contents are provided on an “as is” basis, and The Max Organisation CC makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. The Max Organisation CC does not warrant that the website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.
The Max Organisation CC , its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content.
The Max Organisation CC , its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where The Max Organisation CC is expressly advised thereof.
You will indemnify The Max Organisation CC , its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website.
1. If any dispute arises out of or in connection with this website, or related thereto, whether directly or indirectly, the Parties must refer the dispute for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the event of that failing, by way of Arbitration. The reference to negotiation and mediation is a precondition to the Parties having the dispute resolved by arbitration.
2. A dispute within the meaning of this clause exists once one Party notifies the other in writing of the nature of the dispute and requires the resolution of the dispute in terms of this clause.
- 2.1 Within 10 (ten) business days following such notification, the Parties shall seek an amicable resolution to such dispute by referring such dispute to designated representatives of each of the Parties for their negotiation and resolution of the dispute. The representatives shall be authorised to resolve the dispute.
- 2.2 In the event of the negotiation between the designated representatives not resulting in an agreement signed by the Parties resolving the dispute within 15 (fifteen) business days thereafter, the Parties must refer the dispute for resolution by way of mediation in accordance with the then current rules of the Arbitration Foundation of Southern Africa (“AFSA”).
- 2.3 In the event of the mediation’s failing in terms of the rules of AFSA, the matter must, within 15 (fifteen) business days thereafter, be referred to arbitration as envisaged in the clauses below.
- 2.4 The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.
- 2.5 Each Party agrees that the Arbitration will be held as an expedited arbitration in Cape Town in accordance with the then current rules for expedited arbitration of AFSA by 1 (one) arbitrator appointed by agreement between the Parties, including any appeal against the arbitrator’s decision.
- 2.6 If the Parties cannot agree on the arbitrator or appeal arbitrator within a period of 10 (ten) Business Days after the referral of the dispute to arbitration, the arbitrator and appeal arbitrator shall be appointed by the Secretariat of AFSA, who shall administer and manage the arbitration proceedings.
3. Early settlement procedures
The AFSA Secretariat will take steps to encourage the parties to settle any dispute amicably and quickly. However, where in the opinion of the Secretariat the prospect of settlement is slim, the AFSA Secretariat will notify the parties that it has referred the matter to arbitration and the steps set out in the rest of the Rules will follow.
4. Selecting the Arbitrator
The AFSA Secretariat will enquire from the parties whether they have agreed on an ARBITRATOR and, if so, such ARBITRATOR will be appointed by the Secretariat to resolve the dispute. If, on enquiry, it appears that the parties have not agreed on an ARBITRATOR, then the Secretariat will itself select and appoint a suitable ARBITRATOR, and, if necessary, any substitute or alternative ARBITRATOR where appropriate. Any ARBITRATOR appointed through the AFSA Secretariat will be required to accept the Code of Conduct for ARBITRATORS, a copy of which is available from the AFSA Secretariat.
5. Aministration fee
- 5.1 Once the matter is referred to the AFSA Secretariat by the CLAIMANT, the parties will be requested to pay the prescribed administration fee and, from time to time as the proceedings progress, such other fees and costs as may be payable. The tariff for such fees and costs are available on request from the AFSA Secretariat.
- 5.2 Should any one party fail to pay its share of any administration fee or cost when requested by the AFSA Secretariat, that party risks losing the right to participate in the arbitration process so long as that party is in default of payment. The defaulting party may, in the discretion of the ARBITRATOR, be excluded from further proceedings depending upon the circumstances of the case. Where one party is excluded by reason of default, the Secretariat will revise the fees payable by the remaining party to cover all costs and expenses, subject to the right of the paying party to recover if so ordered by the ARBITRATOR.
6. Rules for Arbitration proceedings
- 6.1 The ARBITRATOR will notify the parties of a date to meet with the ARBITRATOR in order to determine the procedure to be followed to finalise the dispute.
- 6.2 The ARBITRATOR may require the parties to set out their respective claims and answers in writing, or in greater detail, on such terms as he/she may require.
- 6.2 It shall be entirely within the power and competence of the ARBITRATOR to decide upon any matters related to the proper preparation of the dispute for hearing and in that regard the ARBITRATOR will direct the parties accordingly.
- 6.3 The ARBITRATOR will set the date for hearing and choose the venue for the hearing and determine all matters regarding any aspect of the hearing. Moreover the ARBITRATOR can decide whether at the hearing the parties are to be given leave to adduce oral evidence or whether they will be confined to presenting their cases in writing or by some other appropriate procedure. In this regard, the ARBITRATOR will be guided by considerations of fairness, the cost-effective resolution of the dispute, and the need to resolve the dispute quickly.
- 6.4 The ARBITRATOR has the widest discretion and powers allowed by law to ensure that the just, expeditious, economical and final determination of all the disputes raised in the proceedings including the matter of costs and, if needs be, he/she shall have all the powers accorded to an ARBITRATOR acting under the AFSA Rules for Administered Arbitrations. All powers and functions exercised by the ARBITRATOR shall be in accordance with the provisions of the Arbitration Act of 1965 or any statutory modification or re-enactment thereof, for the time being in force and pursuant thereto.
7. Interlocutory matters and temporary orders
Should the need arise for any party to seek interim or temporary relief before the arbitration is finalised, that party may apply to the ARBITRATOR to grant such interlocutory order or give the required temporary relief and the ARBITRATOR shall have the same power to do so as if the matter were one heard by a Judge of the High Court save that if by law such power or order cannot be exercised or given by an ARBITRATOR then, and then only, should the parties refer such matter to an appropriate Court.
The proceedings shall be confidential. Neither the parties nor the ARBITRATOR shall disclose to third parties any information regarding the proceedings, the award, or settlement terms unless the parties otherwise agree in writing.
Should any party fail to co-operate either way with the Secretariat or with the ARBITRATOR with the result that in the view of the ARBITRATOR such default or omission prejudices the arbitration process then the ARBITRATOR can either –
- 9.1 give that party written notice that unless it remedies the default or omission within a given time, it will forfeit the right to continue to participate in the arbitration with the same consequences as set out in 5.2 above,
- 9.2 or warn the party in writing that its default or omission may make it liable to a punitive order of costs irrespective whether it succeeds in the arbitration or not and such punitive award of costs may include an order of attorney and client costs or attorney and own client costs as those expressions are understood in the Uniform Rules of Court.
10. The award
- 10.1 The ARBITRATOR must give his/her award within 30 (thirty) days after finalisation of the proceedings unless the parties otherwise agree or unless the AFSA Secretariat permits an extension of that time.
- 10.2 The ARBITRATOR’s award must be published to the parties in an appropriate fashion as determined by the AFSA Secretariat.
- 10.3 Unless the parties have in writing instructed the AFSA Secretariat otherwise at any time before the final award is given, there shall be no right of appeal from the award. In cases where the AFSA Secretariat has been instructed otherwise, the appeal provisions contained in Article 22 of the AFSA Rules for Commercial Arbitrations will apply.
Contact details for any purposes related to these terms and conditions.