Terms & Conditions

1. INTRODUCTION

1.1 Hot 102.7 FM (Pty) Ltd adheres to the provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and the Protection of Personal Information Act 4 of 2013 (“POPI”), as amended. Hot 102.7 FM is providing Consumers with an online website platform to enable Consumers to shop online for a range of goods. Hot 102.7 FM is the owner of the website and oversees the operation of the website, this website can be accessed at hot1027.co.za, including mobi-sites and software applications.

1.2 The Consumer is encouraged to carefully read these Terms and Conditions as they govern the ordering, sale and delivery of Goods, and the use of the website. The Consumer shall be bound by these Terms and Conditions, including without limitation each person that registers as a user as set out in clause 5 below.

1.3 By accessing and utilising the website and by registering as a user, as may be applicable, the Consumer indicates his/her unconditional acceptance of these Terms and Conditions and acknowledges that he/she has read and understands these Terms and Conditions. You must not use this Website if you do not agree to the Terms and Conditions.

2. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

2.1 “Agreement” means this agreement between Hot 102.7 FM and the Consumer subject to the terms and conditions set out herein;

2.2 “Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008;

2.3 “The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”);

2.4 “The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”), as amended;

2.5 “Privacy Policy” means the Privacy Policy available on Hot 102.7 FM’s Website;

2.6 “Shopping Cart” means any and all goods selected by the Consumer which once selected shall form part of the Consumer’s order. It serves merely as an online item placeholder for goods prior to the transaction being finalized. In this regard, Hot 102.7 FM reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart shall be available for a limited period of 24 (twenty four) hours subject to only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Hot 102.7 FM cannot guarantee the availability of items in the user’s shopping cart;

2.7 “Check Out” means the goods selected by the Consumer which are then confirmed and accepted by the Consumer upon completion of the transaction;

2.8 “Order” means a purchase completed or submitted by means of Hot 102.7 FM’s website or online platform.

2.9 “Website or Online Platform” means Hot 102.7 FM’s website and online platform, including its mobile websites and mobile applications;

2.10 “You/Your”means the Consumer or user of Hot 102.7 FM’s website or online platform;

2.11 Where the context permits, words denoting:

2.11.1 persons shall include bodies corporate and unincorporated associations of persons;

2.11.2 the singular include the plural and vice versa; and

2.11.3 one gender shall include any gender.

All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.

3. IMPORTANT NOTICE

3.1 These Terms and Conditions shall apply to users who are defined as consumers in terms of the Consumer Protection Act, 68 of 2008 (the “CPA”).

3.2 In the event that you do not understand any provision in these Terms and Conditions, it is shall be your responsibility to request Hot 102.7 FM to provide you with clarity in respect of such provision prior to you accepting the Terms and Conditions or continue utilising the Website.

3.3 The Consumer acknowledges that nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Consumer or Hot 102.7FM in accordance with the provisions the CPA.

3.4 Hot 102.7 FM permits the use of this Website subject to the Terms and Conditions.

4. RETURNS

4.1 Returns can only be done within 7-14 working days of order.

4.2 Should any Goods be supplied incorrectly, for instance where a Consumer orders Goods and receives Goods that are substantially different from what was ordered. In this regard Hot 102.7 FM shall organise for the incorrect goods to picked up and the correct goods delivered at no charge to the consumer.

4.3 Where the goods sold are materially defective, meaning that the Goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the Goods, Hot 102.7 FM reserves the right to inspect the Goods once they have been returned prior to offering the Consumer recourse on the matter, which shall include the following:

4.3.1 A full refund where the Goods are found to be materially defective; or

4.3.2 A replacement of the Goods.

4.4 Materially defective shall excluded minor scratches, dents, marks or defects which do not affect the use or enjoyment of the Goods.

4.5 All Goods purchased from Hot 102.7 FM on the website or online platform within 5 (five) days of purchase, also known as the “cooling off” period in terms of the CPA Hot 102.7 FM will only accept returns on condition that the Goods are in their original packaging, unused and the Consumer is able to provide a valid, dated proof of purchase.

4.6 Hot 102.7 FM shall not accept returns of any Goods that have been willfully damaged or have been damaged by the gross negligence of the Consumer.

4.7 Hot 102.7 FM shall not accept returns of Goods where such Goods have been damaged by force majeur, or an act of god such as inclement weather, natural disaster, power failure, electrical surges or circumstances outside of Hot 102.7 FM’s control.

4.8 The Consumer acknowledges that Refunds shall only apply to the Goods which are found to be materially defective. Hot 102.7 FM shall process all cash refunds within 7 (seven) to 14 (fourteen) working days from date of refund being accepted and return validated. Refunds will be made to the banking details from which the order was placed, or to the banking details provided to Hot 102.7 FM on signing up or account creation.

4.9 In the event that a Consumer requires an exchange of the Goods, the Consumer shall not be liable to for shipping charges. However, any Consumer residing outside the boarders of the Republic of South Africa requiring an exchange of Goods shall be liable for the shipping charges as determined by Hot 102.7 FM.

5. REGISTRATION AND USE OF THE WEBSITE

5.1 Only registered users may order Goods on the Website.

5.2 The process to register as a user is as follows, you must provide a unique username and password and provide certain information and personal details to Hot 102.7 FM. Take note that you be required to use your unique username and password to access the Website in order to purchase Goods.

5.3 You agree and warrant that your username and password shall:

5.3.1 be used for personal use only; and

5.3.2 not be disclosed by you to any third party.

5.4 You hereby acknowledge and agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

5.5 You hereby accept that, once the correct username and password relating to your account have been entered, notwithstanding whether the use of the username and password is unauthorised or fraudulent, you will still be held liable for payment of such order, except where the order is cancelled by you in line with these Terms and Conditions.

5.6 It shall be your responsibility notify HOT 102.7FM immediately upon becoming aware of and/or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any loss or harm.

5.7 By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. In the event that you are below the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, then you may utilize the Website only with the assistance and/or supervision of your parent or legal guardian. Should you be assisted or supervised by your legal guardian or parent and such party gives his/her consent, then such party 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.

5.8 You hereby undertake not to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. Further, you accept that you shall not in any way utilize any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Hot 102.7 FM representative. Take note, that such consent is considered to be given for the purposes of standard search engine technology employed by internet search websites to direct internet users to this Website.

5.9 You are prohibited from using the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

5.10 In addition, you are prohibited from displaying, publishing, copying, printing, posting or otherwise using the Website and/or the information contained therein without the express prior written consent of an authorised Hot 102.7 FM representative.

6. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

6.1 Hot 102.7 FM reserves the right to accept or reject orders of Goods placed by registered users. The acceptance of an order by Hot 102.7 FM shall depend on the availability of Goods, correctness of the information relating to the Goods, including without limitation the price and receipt of payment or payment authorisation by Hot 102.7 FM for the Goods.

6.2 Hot 102.7FM shall indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Hot 102.7 FM come into effect (the “Sale”). This is regardless of any communication from Hot 102.7 FM stating that your order or payment has been confirmed. In the event that Hot 102.7FM rejects your order, it will indicate such rejection by cancelling your order and, as soon as possible thereafter, refund you for any amount already paid.

6.3 If you place any Goods in a wishlist or Shopping Cart without completing the purchase process it will not constitute an order for such Goods, and as such, Goods may be removed from the Shopping Cart should the stock no longer be available or the price thereof might change without notice to you. You cannot hold Hot 102.7FM liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase process at a later stage.

6.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In respect of Goods for sold by Hot 102.7 FM, it will take all reasonable efforts to monitor stock levels and make certain that when stock is no longer available, the offers thereof are removed on the Website. Nonetheless, Hot 102.7 FM cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Hot 102.7FM will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

6.5 You hereby acknowledge and agree that the Goods shall not be purchased for re-sale purposes. In the event that we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

7. PAYMENT

7.1 Hot 1027 FM is committed to providing Consumers with secure online payment facilities, and the transactions are encrypted using appropriate encryption technology.

7.2 Payment for Goods may be made in the following manner (depending on its availability and/or your eligibility to use such a method) –

7.2.1 debit card-additional information may require when using this method of payment in order to authorise and/or verify the validity of payment. Hot 02.7 FM may withhold delivery until such time as the additional information is received by it and authorisation is obtained by it in respect of the amounts. Should we not receive authorisation your order for the Goods shall be cancelled. You hereby warrant that you are fully authorised to use the debit card supplied for purposes of making payment for the Goods, and that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

7.2.2 credit card- additional information may required when using this method of payment for purposes of authorisation and/or verification of the validity of payment. Hot 02.7 FM may withhold delivery until such time as the additional information is received by it and authorisation is obtained by it in respect of the amounts. Should we not receive authorisation your order for the Goods shall be cancelled. You hereby warrant that you are fully authorised to use the debit card supplied for purposes of making payment for the Goods, and that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

7.2.3 direct bank deposit or electronic funds transfer- when you use this method, payment must be made within 5 (five) days of placing your order. Hot 102.7FM will not accept your order if payment has not been received;

7.4 Instant EFT;

7.3 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

8. DELIVERY OF GOODS

8.1 The Goods shall be delivered to you by Hot 102.7 FM in the following manner:

8.1.1 courier; or

8.2 For further information in respect to delivery, please contact Hot 102.7 FM at the following email address: hotstuff@hot1027.co.za Take note that the delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.

8.3 Upon acceptance of your order, Hot 102.7FM shall deliver the Goods to you as soon as reasonably possible, but no later than 7 (seven) working days of receipt of your payment (“Delivery Period”). You shall be notified in the event that we are are unable to deliver the Goods during the Delivery Period. You may then, within 10 (ten) days of receiving such notification elect whether or not to cancel your order for the Goods. Should you elect to cancel your order, we will refund you for the purchase price.

8.4 Delivery shall be fulfilled when Hot 102.7 FM when we deliver the Goods to the physical address nominated by you for delivery of the order. Hot 102.7FM shall not be held liable any loss or unauthorised use of any Goods, after it has delivered the Goods to the physical address nominated by you.

9. ERRORS

9.1 Hot 102.7 FM shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, if there are any errors of whatsoever nature on the Website (provided such errors are not as a result our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, except in instances where there is an incorrect purchase price, to the extent of refunding you for any amount already paid, or otherwise as set out in clause 4 above.

9.2 Hot 102.7 FM shall not be bound by any incorrect information in respect of our Goods displayed on any third-party websites.

10. PRIVACY POLICY

10.1 Hot 02.7 FM respects Consumer’s privacy and will take all reasonable measures to protect it, in line with its Privacy Policy, which is incorporated by reference.

11. CHANGES TO THESE TERMS AND CONDITIONS

11.1 The Consumer acknowledges and agrees that Hot 102.7 FM may, in its sole discretion, change any of these Terms and Conditions at any time, without written notice. Consumers are therefore encouraged to regularly check these Terms and Conditions and ensure that he/she is satisfied with the changes. Should the Consumer not be satisfied, he/she must not place any further orders on, or in any other way use, the Website.

11.2 Any such change(s) shall only be applicable to the Consumer’s use of this Website after the change(s) is displayed on the Website. If the Consumer uses the Website after such amended Terms and Conditions have been displayed on the Website, the Consumer shall be deemed to have accepted such changes.

12. OWNERSHIP AND COPYRIGHT

12.1 The contents displayed on or incorporated in this Website, 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 are protected by law, including but not limited to copyright and trade mark law. The contents displayed on or incorporated in the Website is the property of Hot 102.7 FM (“website content”).

12.2 The Consumer shall not acquire any right, title or interest in or to the Website or the website content.

12.3 The Consumer is prohibited from distributing or reproducing the website content unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

12.4 Where any of the website content has been licensed to Hot 102.7 FM or belongs to any third party, the Consumer’s rights of use shall be subject to any Terms and Conditions which that licensor or third party imposes from time to time and the Consumer agrees to comply with such third party terms and conditions.

13. DISCLAIMER

13.1 The Consumer agrees that the use of the Website is entirely at their own risk and he/she assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

13.2 Whilst Hot 102.7 FM takes reasonable measures to make certain that the content of the Website is accurate and complete, Hot 102.7 FM makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. Should any of Hot 02. FM’s representatives make such representations or warranties, Hot 102.7FM shall not be bound thereby.

13.3 The Consumer indemnifies Hot 102.7 FM for any liability in respect of any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with their access to or use of the Website and/or any content therein unless otherwise provided by law.

13.4 Even though Goods sold from the Website may, under certain circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be permitted in law.

13.5 Any views or statements made or expressed on the Website are not necessarily the views of Hot 102.7 FM, its directors, employees, representatives and/or agents.

13.6 Hot 102.7 FM makes no warranty or representation, whether express or implied, that the information or files incorporated 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 hinder in any manner the operation, stability, security functionality or content of the Consumer’s computer system, computer network, hardware or software in any way.

13.7 The Consumer accepts 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 hinder in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, except where such risks arise due to the gross negligence or wilful misconduct of Hot 102.7 FM , its employees, directors, agents or authorised representatives. Hot 102.7 FM is indemnified for any all liability in regards to any damage, loss or liability of any nature whatsoever arising out of or in in connection with the Consumer’s access to or use of the Website.

14. THIRD PARTY WEBSITES

14.1 This Website may contain links or references to other websites, referred to as “Third Party Websites” which are outside of Hot 102.7 FM’s control, including those of advertisers. These Terms and Conditions are not applicable to those Third Party Websites and Hot 102.7 FM shall not be responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

14.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, the Consumer’s use of such Third Party Websites is entirely at their own risk and Hot 102.7 FM shall not be held responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the Consumer’s use of such Third Party Websites or his/her reliance on any information contained thereon.

15. LIMITATION OF LIABILITY

15.1 Hot 102.7 FM shall not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, except where such liability arises from the gross negligence or wilful misconduct of Hot 102.7 FM, its employees, directors, agents or authorised representatives. The Consumer is encouraged to contact us to report any possible malfunctions or errors by way of email at the following email address: info@hot1027.co.za

15.2 Hot 102.7 FM will not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Consumer’s use of, or reliance upon, the website or the Website Content, or the Consumer’s inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

15.3 The Consumer hereby indemnifies Hot 102.7 FM against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from the Consumer’s use of this website and/or any linked third party website.

16. AVAILABILITY AND TERMINATION

16.1 Hot 102.7 FM shall use reasonable endeavours to maintain the availability of the Website, but not during scheduled maintenance periods, and Hot 102.7 FM is entitled to discontinue providing the Website or any part thereof with or without notice to the Consumer.

16.2 Hot 102.7 FM may in its sole discretion terminate, suspend and modify this Website, with or without notice to the Consumer. The Consumer hereby agrees that Hot 102.7 FM will not be liable to him/her should it elect to suspend, modify or terminate this Website other than for processing any orders made by the Consumer prior to such time, to the extent possible.

16.3 Should the Consumer fail to comply with their obligations under these Terms and Conditions, including any incident regarding payment of the price of an order for any Goods, this may (in the sole discretion of Hot 102. FM with or without notice to the Consumer) lead to a suspension and/or termination of the Consumer’s access to the Website without any prejudice to any claims for damages or otherwise that Hot 02.7 FM may have against the Consumer.

16.4 The Consumer may at any time before an order is finalized and confirmed online via completion of the transaction, cancel the order at no charge to him/her. As soon as the order has been confirmed and finalized, Hot 102.7 FM reserves the right to charge a reasonable handling or administrative fee which may be up to 25 % of the purchase price of the Goods in line with the CPA.

16.5 Hot 102.7 FM shall be entitled, for purposes of preventing suspected fraud and/or where it suspects that the Consumer is abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Hot 102.7 FM to be utilized once-off by the Consumer, to blacklist such Consumer on its database (including suspending or terminating the Consumer’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Hot 102.7 FM, in whole or in part, on notice to you. Hot 102.7FM will only be held liable to refund monies already paid by the Consumer as set out in clause 4 above, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

16.6 The Consumer acknowledges and accepts that it may elect at any time to stop using the Website, with or without notice to Hot 102.7 FM.

17. FORCE MAJEURE

The Consumer acknowledges and accepts that Hot 102.7 FM will not be held liable for any delay in performing any of its obligations under these Terms of Conditions in the event that such delay is caused by circumstances beyond the reasonable control of Hot 102.7 FM (any event which makes the performance due by Hot 102.7 FM impossible which is beyond the reasonable control of Hot 102.7 FM and could not have reasonably been foreseen by Hot 102.7 FM, example, an act of God, industrial action, flood, fire, riots, civil disturbance, network failure, routine maintenance work, conditions where errant software code or viruses within applications, services or operating systems adversely effects normal server operation or for any other reason), and Hot 102.7 FM shall be entitled to a reasonable extension of time for the performance of such obligations.

18. GOVERNING LAW AND JURISDICTION 

18.1 These Terms and Conditions and the party’s relationship 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. The Consumer’s continued use of the Website shall constitute their 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.

18.2 Should any dispute arising between the parties, the Consumer hereby gives consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

18.3 Nothing in this clause 18 or the Terms and Conditions limits the Consumer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

19. DOMICILIUM AND NOTICES

19.1 Hot 102.7 FM hereby selects, Loft 16 Fancourt Office Park , 44 Felstead Road Boundary Park , North Riding as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Hot 102.7 FM may change this address from time to time by updating these Terms and Conditions.

19.2 The Consumer hereby selects the delivery address specified with his/her order as address for the service of all formal notices and legal processes in connection with these Terms and Conditions, however the Consumer may change the address to any other physical address by giving Hot 102.7 FM not less than 7 (seven) days’ notice in writing.

19.3 Notices must be sent either by hand, prepaid registered and must be in English. All notices sent –

19.3.1 by hand will be deemed to have been received on the date of delivery;

19.3.2 by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;

19.3.3 by email will be deemed to have been on the date indicated in the read receipt notification.

20. COMPLAINTS 

20.1 In the event that you have a complaint about the Goods or require information regarding our internal complaints-handling process, please get in touch with us via info@hot1027.co.za on the Website or you can contact our call centre on 010 157 1027

20.2 If Hot 102.7 FM is unable to resolve your complaint to your satisfaction or cannot resolve your complaint within 15 (fifteen) business days of you having notified them of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:

Website: http://www.cgso.org.za

Shared call: 0860 000 272

Email: complaints@cgso.org.za

21. INFORMATION

21.1 For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), Hot 102.7 FM information is as follows, which should be read in conjunction with its Goods descriptions and other Terms and Conditions contained on the Website:

21.1.1 Full name: Hot 102.7FM Online (RF) (Pty) Ltd, a private company registered in South Africa with registration number

21.1.2 Main business: Radio Broadcaster

21.1.3 Physical address for receipt of legal service (also postal and street address): Loft 16 Fancourt Office Park , 44 Felstead Road Boundary Park , North Riding

21.1.4 Office bearers:

21.1.5 Phone number: 010 157 1027

21.1.6 Email address: info@HOT1027.co.za

21.1.7 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

22. GENERAL CLAUSES

22.1 Hot 102.7 FM at any time, in its sole discretion, for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to it processing any orders then already made by the Consumer.

22.1.1 The Consumer may not cede, assign or otherwise transfer his/her rights and obligations in terms of these Terms and Conditions to any third party.

22.1.2 Any failure on the part of the Consumer or Hot 102.7 FM to enforce any right in terms hereof shall not constitute a waiver of that right.

22.1.3 Should any term or condition contained herein be declared invalid, the remaining Terms and Conditions will remain in full force and effect.

22.1.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions shall be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

22.1.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will 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.

22.1.6 These Terms and Conditions contain the whole agreement between the Consumer and Hot 102.7 FM and no other warranty or undertaking shall be valid, unless contained in this document between the parties.