Terms and Conditions
1.1.1. “the Act” means the South African National Health Act, 61 of 2003 and Regulations (as amended);
1.1.2. “the/this Agreement” means this Cord Blood and/or Cord Tissue Storage Agreement, including the Informed Consent, the Client Agreement Form and such terms and conditions on the CELVI website which relate hereto;
1.1.3. “Authorised Organisation, Institution or Person” means an organisation, institution or person authorised in terms of the Act and Regulation 183 on Stem Cells Banks to conduct the activities referred to in paragraph 2 of Regulation 183 (which are amended from time to time) or any other internationally accredited establishment;
1.1.4. “Autologous” means for use by the Child only;
1.1.5. “Age of Majority” means, in terms of the Children’s Act, 38 of 2005 (as amended), 18 (eighteen) years of age;
1.1.6. “Service fee” is the fee that covers the Collection kit, Courier costs, Processing and Testing of the Stem Cells, the Maternal Blood Test costs and the first year’s storage fee.
1.1.7. “CELVI” means CELVI (Proprietary) Limited (Registration No. 2019/312896/07), and its respective shareholders, directors, officers, employees and agents including marketing agents and other representatives. CELVI is a company duly registered and incorporated according to the company laws of the Republic of South Africa;
1.1.8. “Child” means the child who is born and from whose umbilical cord the Cord Blood and/or Cord Tissue Stem Cells are collected;
1.1.9. “the Client” means the Mother subject, excluding any sperm and/or egg donors and/or surrogates, to the following:
18.104.22.168. where the Mother is deceased, the Father of the Child shall automatically be deemed from the date immediately after to the death of the Mother, to be the Client; or
22.214.171.124. where the Mother and Father of the Child are deceased, the legal guardian of the Child shall automatically be deemed to be the Client with effect from the date immediately after the date of the last deceased; or
126.96.36.199. where the Child attains the Age of Majority, the Child shall be deemed to be the Client with effect from the date of attainment.
1.1.10. “Client Agreement Form” means the CELVI Client Agreement Form (CEL-F-001) required to be completed by the Client in order to register with CELVI for Cord Blood and/or Cord Tissue Storage.
1.1.11. “CMV” means Cytomegalovirus- a herpes type virus.
1.1.12. “Collection Kit” means a collection bag with two needles (for Cord Blood collection), a vial with saline solution (for Cord Tissue collection), tubes for Maternal Blood collection, sterile cleaning material, a temperature insulating bag, a carrier box provided by CELVI to transport the Cord Blood and/or Cord Tissue and any relevant documentation for the Client which is to be completed and returned to CELVI.
1.1.13. “Cord Blood” means the Cord Blood that contains the Haematopoietic Stem Cells and other cells extracted from the umbilical cord and placenta of the Child;
1.1.14. “Cord Tissue” means the Cord Tissue that contains the Mesenchymal Stem Cells and other cells contained in the umbilical cord;
1.1.15. “Competent Person” means a medical practitioner who by qualification is competent to advise and/or administer a Stem Cell transplant;
1.1.16. “Cryopreservation” means cooling of and addition of a cryoprotectant of the Stem Cells to a temperature of less than -150˚Celsius and maintaining it at this temperature;
1.1.17. “Days” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
1.1.18. “Donate” means to give, freely and voluntarily and with consent.
1.1.19. “Failed” sample means when insufficient cells are present for Processing and Storage.
1.1.20. “Father” means the man who:
188.8.131.52. conceived the Child (biological father); or
184.108.40.206. the legal guardian of the Child, as the case may be (legal father);
1.1.21. “Healthcare Professional” means inter alia, an obstetrician, midwife or nurse; “Health Care Provider” means a person providing health services in terms of any law, including in terms of the Allied Health Professions Act No. 63 of 1982; Health Professions Act No. 56 of 1974; Nursing Act No. 50 of1978; Pharmacy Act No. 53 of 1974; and Dental Technicians Act No. 19 of 1979;
1.1.22. “HLA typing / match” means matching, or determining matching, of genetic material to maximize the chances of a successful transplant;
1.1.23. “H.I.V.” means Human Immunodeficiency Virus 1 and 2 – AIDS-causing virus;
1.1.24. “Hepatitis B and C” means Hepatitis B and Hepatitis C viruses that affect the liver causing hepatitis, jaundice and liver dysfunction;
1.1.25. “HTLV I and II” means Human T-cell Lymphotropic virus, a type of retrovirus;
1.1.26. “Informed Consent” means the Informed Consent agreement that is required to be signed by the Client in terms of statute and which is contained in the documents in the Collection Kit;
1.1.27. “Maternal Blood” means the blood to be taken from the birth Mother at birth and to be tested for Transmissible Diseases as required in terms of Regulation 183 of the Act and in terms of the American Association of Blood Banks International Accreditation Standards;
1.1.28. “Mother” means the woman who:
220.127.116.11. gave birth to the Child (birth mother); or
18.104.22.168. is the legal guardian of the Child (legal mother).
1.1.29. “Minimum Storage Limits” – CELVI has set its Storage Limits in line with international best practise on the premise that an Umbilical Cord Blood unit should be suitable to treat a patient 10kg and greater. Samples will be assessed according to the CD45+ (Total Nucleated Cell) count, and the CD34+ (Haematopoietic progenitor cell) count.
1.1.30. “Parents” means collectively the Mother and the Father, excluding sperm donors, egg donors and surrogates, who are jointly and severally liable under this Agreement, for any and all amounts owing in terms hereof;
1.1.31. “Processing/Process” means all operations involved in the preparation, isolation, extraction, and cryopreservation of the Stem Cells from the Cord Blood and/or Tissue;
1.1.32. “Processing Laboratory” means the laboratory where Cord Blood and/or Cord Tissue is processed, and the Stem Cells cryopreserved and stored
1.1.33. “Stem Cell(s)” means a cell that has the capability of differentiating into a specialized cell of the body and producing a daughter Stem Cell (i.e. capable of self-renewal) that are extracted from the Umbilical Cord Blood and/or Cord Tissue;
1.1.34. “Syphilis” means a contagious disease that is characterized by genital ulcers, skins rashes and lesions that can affect all organs of the body;
1.1.35. “Storage/Storing/Store” means maintaining the Stem Cells under appropriate controlled conditions, Cryopreserved at less than -150° Celsius;
1.1.36. “Storage Period” means a renewable storage period of 12 (twelve) months at a time, opted and paid for and decided on by the client, as indicated in the Client Agreement Form. Notification of expiry of the contract will be sent in terms of the Consumer Protection Act 68 of 2008 prior to expiry date.
1.1.37. “Storage Facility” means the cryopreservation storage tank containing liquid nitrogen in which the Stem Cells are stored and the facility in which it is located;
1.1.38. “Sub-optimal Limits” – If a sample is shown to have either or both limits below the minimum limit, the sample is deemed to be “sub-optimal”. A sub-optimal unit will be stored, but the Client needs to sign a disclaimer acknowledging that they understand that the sample is sub-optimal. The Client has the option NOT to store the sample and will have to sign a disclaimer to destroy the sample. The Client will be refunded the Service and Storage fee of that sample after necessary and reasonable deductions have been made to provide for processing and operating expenses.
1.1.39. “Signature date” means the date of signature of this agreement by the last party to sign;
1.1.40. “Testing/Test” means (subject to the context of use of such term):
22.214.171.124. Maternal Blood Tests performed on the Mother (in the case of the carrier of the Child) using serology and NAT (nucleic acid) testing and tested for Transmissible Diseases (“Maternal Blood Tests”); and/or
126.96.36.199. Laboratory Tests conducted on the Cord Blood and/or Cord Tissue (including flow cytometry tests and sterility tests) (“Cord Blood and/or Cord Tissue Tests”);
1.1.41. “Transmissible Diseases” means:
188.8.131.52. H.I.V. -1 and -2 (Human Immunodeficiency Virus);
184.108.40.206. Hepatitis B and Hepatitis C viruses;
220.127.116.11. Human T- lymphotropic viruses I and II;
18.104.22.168. Syphilis; and
22.214.171.124. CMV (Cytomegalovirus).
1.1.42. “Venipuncture” means inserting a needle into a peripheral vein of the birth mother drawing a blood sample;
1.2. Any reference to an enactment, regulation, rule or by-law is that enactment, regulation, rule or by-law as at the signature date, and as amended from time to time.
1.3. All amounts payable in terms of this Agreement are inclusive of VAT (value added tax) unless otherwise indicated.
1.4. This Agreement shall be governed by the laws of the Republic of South Africa.
2.1. The Client has requested and consented to the Registration, Processing, Testing and Storage of Stem Cells obtained from Cord Blood and/or Cord Tissue collected from the umbilical cord and placenta at the time of the birth of the Child.
2.2. The Client intends to subject the Stem Cells obtained from Cord Blood and/or Cord Tissue to HLA typing and store the Stem Cells acquired from the Cord Blood and/or Cord Tissue, for the sole and exclusive benefit of the Child or any such family member that the Client expressly and in writing elects to donate the Stem Cells to, provided that that person is a suitable match. This is at the discretion of the registered treating physician.
2.3. The Client may also elect to donate the Stem Cells to the Sunflower Fund for purposes of therapeutic treatment of any person that proves to be a suitable match.
2.4. The Client authorises CELVI to Process, Test and Store such Stem Cells in terms of this Agreement and the signed Informed Consent.
It is now agreed:
3.1. Subject to the order of any court of competent jurisdiction, and to the terms and conditions of this Agreement, all rights, title and interest in and to the Cord Blood and/or Cord Tissue and Stem Cells derived therefrom shall, vest exclusively with the Client.
3.2. All such rights, title and interest shall cede to the Child, on the date on which the Child attains the Age of Majority.
4. Collection of the Maternal Blood and Cord Blood and/or Cord Tissue
The Client undertakes:
4.1. to consult with the relevant Healthcare Provider, and make the necessary arrangements to ensure that the Maternal Blood and Cord Blood and/or Cord Tissue is collected and properly packaged in the Collection Kit, strictly in accordance with the instructions provided therein by CELVI;
4.2. to contact CELVI as soon as reasonably possible after the collection of the Cord Blood and/or Cord Tissue, to ensure that a reasonable time is afforded to CELVI to arrange a courier to transport the Cord Blood and/or Cord Tissue to the Processing Laboratory within 48 (forty eight) hours of the collection of the Cord Blood and/or Cord Tissue.
4.3. CELVI shall not be held responsible for any compromise to the integrity of the Cord Blood and/or Cord Tissue during such collection.
5. Transportation of the Cord Blood and/or Cord Tissue Unit
5.1. Once the Cord Blood and/or Cord Tissue has been collected, the Client will contact CELVI telephonically to arrange for the courier.
5.2. The courier shall transport the Cord Blood and/or Cord Tissue to the Processing Laboratory.
5.3. CELVI shall not be held responsible for any compromise to the integrity of the Cord Blood and/or Cord Tissue during such transportation, which is beyond its control.
6. Processing of the Cord Blood and/or Cord Tissue Unit
6.1. CELVI undertakes to facilitate the Processing Laboratory to Process and Test the Cord Blood and/or Cord Tissue and Store the Stem Cells. CELVI reserves the right to refuse to facilitate Processing, Testing and Storing of the Cord Blood and/or Cord Tissue in the following circumstances:
6.1.1. the requisite CELVI Storage Agreement and Informed Consent have not been completed, have been incorrectly and/or inadequately filled out or have not been signed, and/or;
6.1.2. the requisite Maternal Health Questionnaire and Birth Identification Form have not been completed, have been incorrectly completed or any information falsely represented and/or inadequately filled out or have not been signed, and/or;
6.1.3. if the Cord Blood and/or Cord Tissue cannot be conclusively traced back to the original donor through no fault of CELVI, and/or;
6.1.4. if it is suspected that the Cord Blood and/or Cord Tissue has been compromised by contact with bodily fluids from any other person through no fault of CELVI, and/or;
6.1.5. the Service fee has not been fully paid upfront, and/or;
6.1.6. the requisite Maternal Blood Tests, have not been complied with, or as a consequence of Testing, the presence of Transmissible Diseases is detected, and/or;
6.1.7. the Cord Blood and/or Cord Tissue has been contaminated for any reason; and/or
6.1.8. less than 40ml (forty millimetre) of the Cord Blood is received and after preliminary Testing thereof, is deemed to be sub-optimal;
6.1.9. less than 10cm (ten centimetre) of the umbilical Cord Tissue is received for storage;
6.1.10. once processed, the number and/or viability of the Cord Blood and the viability of the Cord Tissue Stem Cells falls below the minimal requirements for storage as defined by CELVI.
7.1. Once the Cord Blood and/or Cord Tissue Tests have been taken and/or the Stem Cells Cryopreserved and Stored, Celvi or the Processing Laboratory shall notify the Client in writing whether:
7.1.1. the Cord Blood and/or Cord Tissue Stem Cells are suitable for Storage, in which case they will be stored in terms of this Agreement, or;
7.1.2. the Cord Blood and/or Cord Tissue Stem Cells are sub-optimal, in which case the Client has the option to elect to:
126.96.36.199. continue Storage of the Stem Cells, or;
188.8.131.52. destroy the Stem Cells, or;
184.108.40.206. donate them for internal research and/or validation purposes;
7.1.3. the Cord Blood and/or Cord Tissue Stem Cells are deemed as “failed”, the Cord Blood and/or Cord Tissue Stem Cells will be discarded;
7.1.4. In Clause 7.1.2, the Client’s express written authorisation therefore will be obtained, and the Client will be required to sign the necessary disclaimer;
7.1.5. The Cord Blood Stem Cells are contaminated by a bacteria or fungus during the birth;
7.1.6. In the event that one parent is listed as the preferred contact person, CELVI shall fulfil its responsibility in terms of notification by contacting only that parent. In an emergency and should CELVI fail to successfully contact the preferred contact person, CELVI reserves the right to contact the other parent at its own discretion.
8. Storage of the Stem Cells
8.1. The Processing Laboratory shall Store the Stem Cells according to set requirements as contained in CELVI Cord Blood and/or Cord Tissue Specification Sheets for the Storage Period.
8.2. CELVI undertakes to contact the Client 40 (forty) to 60 (sixty) days prior to the expiration of the 12 (twelve) month renewable Storage Period, and the Client will have the option to elect to:
8.2.1. continue storing the Stem Cells for another period of 12 (twelve) months, in which case CELVI shall invoice the Client for the Storage thereof at its then current rates, which will be market related; or
8.2.2. terminate this Agreement in accordance with Clause 14.3.
8.3. The Client (or Child obtaining the Age of Majority), in consultation with the Competent Person, may elect to retrieve the Stem Cells from Storage in accordance with Clause 9, as and when deemed necessary.
8.4. CELVI shall be entitled to transfer the stored Stem Cells to an Authorised Organisation, Institution or Person in South Africa, internationally or relocate its own storage facility at any time after furnishing the Client with written notice thereof.
8.5. In the unlikely event that CELVI ceases to continue trading for any reason, CELVI has contracted its obligations in terms hereof out to an independent Authorised Organisation, Institution or Person, who will ensure the ongoing storage of the Stem Cells in terms of this Agreement.
9. Retrievals for Transplant (Preparation, Transfer and Shipment)
9.1. Should the Client wish to retrieve the stored Stem Cells, the Client shall provide CELVI as well as the Processing Laboratory with a minimum of 30 (thirty) day’s written notice of the intended transplant date.
9.2. The notice in terms of Clause 9.1 shall include details and contact numbers of the Competent Person and Authorised Organization, Institution or Person receiving the Stored Stem Cells and any such other information as may be required by the Processing Laboratory to transfer the Stem Cells in a manner that ensures their integrity.
9.3. In the case of Cord Blood, the Stem Cells are ready for use and will be transported in their frozen state to the place of transplant. The transplant centre may however require the Stem Cells to be washed and if this service is requested to be carried out by the Processing Laboratory, there will be an additional charge for this service. The Stem Cells will then be transported in a non-frozen state to the place of transplant. In the event of additional technology being offered, these services will be charged for;
9.4. In the case of Cord Tissue, additional laboratory work is required to thaw the cord tissue and isolate the Stem Cells from the Wharton’s Jelly. Depending on the treatment required, the Mesenchymal Stem Cells will require additional expansion and other laboratory work in order to prepare the therapeutic required. This service is not currently provided by the Processing Laboratory and the cost of this additional laboratory work will be for the Client’s own account. It must be noted that not all umbilical cords yield stem cells that can be cultured, due to patient biological variability.
9.5. The Client shall provide CELVI and the Processing Laboratory with a signed authorisation within 7 (seven) days of the intended transplant date, by the transplant physician for release of the Stem Cells by CELVI and/or the Processing Laboratory.
9.6. The Processing Laboratory undertakes to release the Stem Cells timeously and to ensure timeous delivery to the transplant centre.
9.7. Provided that the Stem Cells are used for transplant, there will be no cost for retrieval, however the cost of transport, testing and all related treatment costs of the Stem Cells will be for the Client’s own account.
9.8. If the Stem Cells are retrieved at any time prior to the paid-up Storage Period, the Client will be refunded the proportionate amount of unutilised Storage fees.
10. Terms and Conditions of Payment
10.1. The total cost of this service is set out in the Client Agreement Form and which is to be paid by the Client as follows:
10.1.1. the Service Fee shall be payable by the Client to CELVI upon registration and prior to the delivery of the CELVI Collection Kit;
10.1.2. the Storage Fee shall be due and payable annually.
10.2. All overdue amounts shall bear interest at a rate equivalent to the aggregate of the publicly quoted prime overdraft lending rate charged by the Standard Bank of South Africa plus 2% (two percent).
10.3. The Client acknowledges that the failure to effect payment of any fee or cost timeously may result in the termination of this Agreement by CELVI in terms of Clause 14.3, after written notice to the Client.
11.1. The Client acknowledges that CELVI has not made and does not make any representations or warranties to the Client, whether express or implied, of any kind or nature, including, without limitation of the aforegoing, with respect to:-
11.1.1. the suitability of the Cord Blood and/or Cord Tissue or Stem Cells derived therefrom for the future treatment of any disease, illness, injury or any other medical affliction;
11.1.2. the successful treatment of any disease, illness, injury or any other medical affliction through Stem Cell transplantation;
11.1.3. the advantages of transplanting Stem Cells derived from Cord Blood and/or Cord Tissue over other types of treatment using Stem Cells derived elsewhere.
12. Limitation of Liability
12.1. Notwithstanding anything that may be construed to the contrary in terms of Clause 13, the maximum amount of any and all liability which CELVI (and its respective shareholders, directors, officers, employees and agents, including marketing agents and other representatives) may incur to the Client in terms of this Agreement, or in respect of any and all actions or omissions of CELVI under any and all circumstances shall be the total amount paid by the Client to CELVI as set out hereunder.
12.2. The Client further acknowledges that CELVI shall not be held responsible for the actions of any other party, which includes, but is not limited to Health Care Providers such as doctors, physicians, nurses, midwives, the birthing hospital or medical facility, hospital or medical facility staff, the couriers and transporters of the Cord Blood and/or Cord Tissue and Stem Cells.
12.3. CELVI shall not be liable to the Client or any other third party for any direct, indirect special, punitive, consequential or incidental damages or losses.
12.4. CELVI shall not be held liable for any loss or damage to the Cord Blood and/or Cord Tissue or Stem Cells derived therefrom which may be caused by any event beyond its control and/or which is considered to be a force majeure event.
13.1. transfer the location of the Processing Laboratory, and/or;
13.2. transfer the Storage Facility, and/or;
13.3. cede and assign any and all of its rights and obligations under this Agreement to an Authorised Organisation, Institution or Person after prior written notice is furnished to the Client on condition that the Client is given full details of the Authorised Organisation, Institution or Person in advance.
The Client may:
13.4. after giving prior written notice to CELVI, transfer to one or more persons his or her rights under this Agreement at any time, in particular upon the Client’s death or disablement. No transfer shall take effect until such time as the transferee or successor consents, in writing, to the transfer and thus agrees to be bound by this Agreement. Should the Client be deceased or dis-abled and should there be no transferee or successor to the Clients rights, CELVI may, in its entire discretion, recognise the authority of any other person to represent the Client.
14.1. CELVI reserves the right to terminate this Agreement in the following circumstances:
14.1.1. failure of the Client to provide the Cord Blood and/or Cord Tissue, and/or the Maternal Bloods and/or the information that CELVI requires for the performance of its services or compliance with the relevant law, regulations or accreditation;
14.1.2. receipt of the results of the Maternal Blood Tests, and according to CELVI’ internal quality and accreditation requirements or the relevant government regulations or statute, indicating that the Cord Blood and/or Cord Tissue is not appropriate for Storage;
14.1.3. should CELVI be unable to extract any Stem Cells from the Cord Blood, or should the Cord Blood yield insufficient Stem Cells according to CELVI internal quality and accreditation requirements, then no Storage shall take place, and accordingly, save for a non-refundable processing fee of R10 000-00 (ten thousand rand) the Client shall not incur any liability in regard to the Service & Storage Fee;
14.1.4. in the event that any payment due has not been received within 30 (thirty) days after the date of written notification to the Client to effect payment;
14.1.5. in the event of the Client not responding to CELVI within 6 (six) months after the expiration date of the Storage Period, despite CELVI having notified the Client at least twice, within 6 (six) months prior to the date of expiration and once within the 6 (six) months after expiration.
14.2. The Client may terminate this Agreement at any time upon written notice to CELVI. In this instance the Client will be refunded the proportionate unutilised portion of the Service and Storage fee.
14.3. On termination, the Client can elect that stored Stem Cells are:
14.3.1. transferred to an alternative storage location at the client’s cost (once all outstanding fees have been paid, including the withdrawal fee); or
14.3.2. destroyed; or
14.3.3. donated for internal research and/or validation purposes.
14.3.4. Donated to Sunflower Fund for purposes of therapeutic use for any other person who proves to be a suitable match.
14.4. Notwithstanding the aforegoing, this Agreement will be terminated on withdrawal by the Client of all his/her stored Stem Cells for transplant and save for a non-refundable processing fee of R10 000-00 (ten thousand rand) the Client shall not incur any liability in regard to the Service & Storage Fee.
15. Maintenance and Protection of Client Information
15.1. The Client undertakes to provide CELVI with complete and accurate contact information of the Client and the Child, in writing, as is required by CELVI. The Client also agrees to provide any other information that may be required by CELVI for the Testing of the Cord Blood and/or Cord Tissue, Maternal Blood, performance of its services, compliance with the laws, regulations, permits and certifications, as well as for the proper identification of the Client and the Child.
15.2. If any information that the Client has provided to CELVI changes or is no longer valid, the Client acknowledges that it is his/her/their responsibility to advise CELVI promptly, and in writing, of all such changes or invalidity.
15.3. CELVI will take reasonably practicable steps to ensure that the personal information of customers referred to in clause 15.1, and subject to clause 15.2, above are complete, accurate, not misleading and updated where necessary. In taking these steps, CELVI will have regard to the purpose for which personal information is collected or further processed as stipulated in Celvi’s informed consent form.
15.4. CELVI will secure the integrity and confidentiality of the personal information of customers in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent:
15.4.1. loss of, damage to or unauthorised destruction of personal
15.4.2. information; and
15.4.3. unlawful access to or processing of personal information.
15.5. CELVI will have due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations.
15.6. CELVI may be processing the personal information of the Client, and if and when doing so, CELVI will:
15.6.1. only process such information with the knowledge and consent of the Client; and
15.6.2. treat such personal information which comes to their knowledge as confidential and only disclose it to CELVI’s authorised Processing Laboratory for purposes of Testing, Processing and Storing as explained in the Informed Consent form signed by the Client, unless required by law or in the course of the proper performance of their duties.
15.7. Information or any test results will only be released to the Client and/or the Child’s Healthcare Provider and/or Competent Person for their internal confidential records or otherwise as requested by the Client and/or Child in writing. Information may also be released for the purposes of performing CELVI’s obligations under this Agreement. Subject to clause 15.6.2. herein above, no information held on CELVI’s database will otherwise be disclosed or released to any third parties other than those required by law.
15.8. By signing this Agreement, the Client consents to CELVI holding the Client and/or Child’s personal data for the purposes of performing CELVI’s obligations under this Agreement.
15.9. It is the responsibility of the parents to notify CELVI if their Child is diagnosed with any genetic or serious medical condition that may affect the use of the Stem Cells in the future.
15.10. CELVI may, from time to time, send out electronic information by email or SMS to the Client, to update the Client on developments regarding CELVI and the Stem Cell industry in general. The Client may at any time opt out from receiving this communication by written notification.
16. Electronic Communication
16.1. The Client acknowledges that this agreement does not infringe any provision of the Electronic Communications and Transactions Act, No. 25 of 2002.
16.2. This agreement shall constitute a valid and binding agreement in accordance with Section 22 of the Electronic Communications and Transactions Act, No. 25 of 2002. No written confirmation or reciprocal signature by the Client and/or CELVI is required to give effect to the rights and obligations established by the agreement.
17. Domicilium and Notices
17.1. The parties choose as their domicilium citandi et executandi their respective addresses set out on the CELVI website (in respect of CELVI) and the Informed Consent (in respect of the Client).
18.1. In the event of any dispute, disagreement or claim arising between CELVI and the Client concerning this agreement, the parties shall attempt to resolve the dispute by way of negotiation. This entails that one party invites the other party, in writing, to a meeting to attempt to resolve the dispute within 14 (fourteen) days from date of the invitation.
18.2. Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator or arbitrators appointed by the Foundation.
18.3. The provisions of this clause shall not preclude either the Client or CELVI from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.
19. Entire Agreement
This Agreement, the appendices, all references to terms and conditions contained on the CELVI website and the explanatory terms as contained in the documentation within the Collection Kit, constitute the entire Agreement between the parties and no warranties, representations or guarantees not contained or recorded herein shall be of any force or effect.
20. Variation and Cancellation
No agreement varying, adding to, deleting from or cancelling this Agreement shall be effective unless reduced to writing and signed by or on behalf of the parties.
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this Agreement.