Disclaimer

USER AGREEMENT

The details set out below constitute the User Agreement between yourself and Midway Cash & Carry. The terms set out below are the terms, you the User, agree to on each and every occasion that you access and make use of the information or services provided by E-cat on this site. In the event that you disagree with or are not prepared to accede to any of the following terms, you are respectfully requested not to continue to venture further onto the E-cat website. Your further continuing use of the E-cat site is deemed to constitute an irrevocable acceptance by you of all of the terms contained in this agreement.

DISCLAIMER

Midway Cash & Carry makes no warranty whatsoever that the Midway Cash & Carry site :

• will meet all or any of your requirements;
• will be uninterrupted, timely, timeous, secure or error free;
• will provide descriptions and/or results as a result of searching the Midway Cash & Carry site, which are accurate or error free.

In addition, Midway Cash & Carry reserves, unconditionally, the sole and absolute right to alter or change, price, information and any form or nature of promotions without any notice.

LIMITATION OF LIABILITY

To the fullest extent permitted by prevailing and applicable law, from time to time, Midway Cash & Carry and its directors, officers, employees, agents, representatives, suppliers and contractors shall not in any event or circumstance whatsoever and howsoever arising be liable for any claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising, including without limitation any incidental, punitive or consequential damages, loss of data, loss of use, loss caused by an electronic or computer virus of whatever nature, loss of income or profits, loss of or damage to property of whatever nature, claims of third parties, or any other losses of any kind, nature or character arising out of or in connection with the use by the user or any third party of the Midway Cash & Carry site or any web site which is in any way linked to the Midway Cash & Carry site. You agree unconditionally and irrevocably that it is your sole responsibility to establish data back up and virus checking procedures with which you may be satisfied.

DISCLOSURE OF COMMUNICATIONS

You are hereby cautioned that any online communications may not be confidential. You should also be aware that certain administrative staff of Midway Cash & Carry might, in the course of the performance of their duties, have access to communications for technical or operational purposes. In this regard, Midway Cash & Carry may also disclose any communications to the extent permitted or acquired by prevailing legislation from time to time. Midway Cash & Carry may also provide online and e-mail communications to the user on matters pertaining to Midway Cash & Carry , its affairs, its features, its services or its use without compensation, in any form whatsoever, to the user, Midway Cash & Carry shall do so acting reasonably and in good faith.

GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of the Republic of South Africa. Both you the user and Midway Cash & Carry hereby submit to the jurisdiction of the South African Courts in respect of and concerning disputes arising out of this agreement.