PRIVACY POLICY

 

  1. DEFINITIONS

In this Privacy Policy, unless the contrary intention appears, the following expressions shall bear the meanings assigned to them below, and cognate expressions bear corresponding meanings:-

  • “Data Subject” has the meaning as defined in POPIA;
  • “Information Officer” has the meaning as defined in POPIA;
  • “Information Regulator” has the meaning as defined in POPIA;
  • “VisaLogistics.co.za” / “we” / “our” / “us” means Evergration Close Corporation t/a VisaLogistics.co.za, with registration number: 2010/117569/23 ;
  • “Personal Information” has the meaning as defined in POPIA;
  • “POPIA” means the Protection of Personal Information Act, 4 of 2013, as amended from time to time and includes any regulations promulgated thereunder;
  • “Privacy Policy” means this privacy policy (as amended from time to time) and including any annexures hereto, published by visalogistics.co.za, which is available at its registered place of business, or copy of which can be requested from the Information Officer at info@visalogistics.co.za;
  • “Processing” means, as defined in POPIA, any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:-
    • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
    • dissemination by means of transmission, distribution or making available in any other form; or
    • merging, linking, as well as restriction, degradation, erasure or destruction of information;
  • “Responsible Party” has the meaning as defined in POPIA;
  • “Special Personal Information” has the meaning as defined in POPIA;
  • “Tax” means any and all taxes (including VAT), duties and other charges imposed or levied by any authority in connection with the Services; and
  • “Terms” means the standard terms and conditions of sale of VisaLogistics.co.za.

 

  1. SUMMARY
  • We recognise, value and are committed to protecting the privacy of Data Subjects, whose Personal Information we Process (“your” / “you“) or which is Processed for or on our behalf, which Processing is related to our business activities or a Data Subject’s engagement with us.
  • This Privacy Policy is a simple, plain English summary of:-
    • how and why we collect, hold, use, store, disclose, destroy and protect your Personal Information;
    • the nature of our business;
    • our approach to advertising, marketing and security; and
    • the choices available to you regarding our use of your Personal Information and how you can contact us to access, update or correct your Personal Information; object to its Processing; withdraw your consent to its Processing; make a complaint or ask a question;
    • the Processing of Personal Information and Special Personal Information of Data Subjects, whether such Data Subjects are our clients (existing or potential), suppliers, agents, contractors or our employees or job applicants or any other person that engages with us in respect of the business activities we conduct.
  • We are a Responsible Party in respect of your Personal Information and Special Personal Information (“your Information“), which means that we determine the purpose of and means for, Processing your Information.
  • We are committed to protecting and respecting your privacy. We strive to ensure that our use of your Information is lawful, reasonable, and relevant to our business activities or your engagement with us, with the ultimate goal of providing and improving our products and services and your experience.
  • This Privacy Policy describes how we will treat your Information, whether provided by you to us, or collected by us through other means and sources when you engage with us, in your ordinary use of our products and services or otherwise through your engagement with us in the conduct of our business activities, in accordance with POPIA.

 

  1. PRECEDENCE
  • To the extent permitted by law, we may modify or amend the provisions of this Privacy Policy from time to time, in our sole discretion. We will take all reasonably practicable steps to bring any such modifications or amendments to your attention.
  • If you continue to engage with us (including as our employee) or use our products or services following notification of a change to the terms of this Privacy Policy, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
  • This Privacy Policy supplements the Terms but does not supersede them and in the event of any conflict, ambiguity or inconsistency between this Privacy Policy and the Terms, this Privacy Policy shall take precedence, only to the extent of such conflict, ambiguity or inconsistency.

 

  1. INTRODUCTION
  • When we:-
    • engage with you (including engaging with you, in the context of a job applicant or as our employee/consultant or third party service provider); or
    • supply products and services to you, or
  • When you:-
    • engage with us for the provision of goods and/or services to us,
  • we collect your Information on our own behalf, for those purposes as further detailed in the Terms and/or this Privacy Policy.
  • Our Processing of your Information is, where applicable, further detailed in the Terms, which must, as is applicable, be read together with this Privacy Policy. By accepting the Terms and/or engaging with us, including but not limited to, for the sale of products and/or the supply of services, you are indicating your acceptance of this Privacy Policy.
  • This Privacy Policy is broken into a number of sections and includes information on how we manage your Information as well as answers to commonly asked questions.

 

  1. WHAT IS PERSONAL INFORMATION
  • “Personal information” is defined in POPIA, as:-
    • information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing, juristic person including, but not limited to: Information relating to race, gender, sex, pregnancy, marital status, nation, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person;
    • information relating to the education or the medical, financial, criminal or employment history of the person;
    • any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    • the biometric information of the person;
    • the personal opinions, views or preferences of the person;
    • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
    • the views or opinions of another individual about the person; and
    • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
    • Personal Information does not include information that does not identify you (including in instances where that information has been de-identified so that it does not identify a Data Subject).
  • We will, in the ordinary course of our engagement with you, communicate with you regarding your Information that we require or that may be Processed.
  • Special Personal Information
    • We hereby notify you that, in certain circumstances, by engaging with us, we may collect, as is applicable, certain Special Personal Information about you, including but not limited to, details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or information about your criminal offences or convictions.
    • The Processing of Special Personal Information requires higher levels of protection. We need to have further justifications for Processing Special Personal Information. We have implemented appropriate policies and safeguards, which we are required by law to maintain, to Process Special Personal Information.
  • Personal Information Pertaining to Children
    • We hereby notify you that, in certain circumstances, by engaging with us, we may collect, as is applicable, certain information pertaining to children. We confirm that such processing of information pertaining to children will carried out:-
      • with the prior consent of a competent person; or
      • where necessary for the establishment, exercise or defence of a right or obligation in law; or
      • where necessary to comply with an obligation of international public law.

 

  1. WHY DO WE NEED TO COLLECT YOUR INFORMATION
  • In order to:-
  • engage with you; or
  • conduct our business with you and to supply services to you, as is applicable,
  • we are required to Process your Information, including but not limited to, for the following purposes:-
    • to be able to sell and supply services to you, in accordance with the Terms;
    • to account to you in respect of those services supplied;
    • for the provision of goods and/or services to us, at our instance;
    • to communicate with you in accordance with the Terms;
    • loading and storing your Information on a central database;
    • compliance with our obligations to Process your Information in accordance with any law or legislation, including but not limited to, the Financial Intelligence Centre Act, 38 of 2001, the Value-Added Tax Act, 89 of 1991, the Income Tax Act, 58 of 1962. Our Processing in terms of this purpose may, where permitted or required, be without your knowledge or consent, if sufficient grounds of justification are present and same will be done in accordance with POPIA and this Privacy Policy;
    • for our financial and Tax related reporting and accounting requirements;
    • in order to assist us to follow our debt recovery processes;
    • in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;
    • to maintain and update our client, or potential client databases;
    • to maintain and update our supplier database;
    • to maintain and update our employee/ contractor /consultant database.
    • to detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files and/or contraventions of this Privacy Policy and/or the Terms;
    • to inform you about any changes to this Privacy Policy or other changes that are relevant to you;
    • to provide you with the latest information about our products and services or events;
    • for security, administrative and legal purposes;
    • to fulfil any contractual obligations that we may have to you or any third party;
    • to conduct recruitment and hiring processes, which includes conducting criminal record and credit checks (where appropriate), the capturing of a job applicant’s details and providing status updates to job applicants;
    • to engage with you, as is applicable, in an employment relationship and to comply with our obligations as an employer;
    • to maintain personal contact details, to comply with applicable legislation;
    • for payroll and remuneration;
    • performance appraisal;
    • occupational health and safety;
    • security and access control;
    • implementation of medical aid schemes, administration of benefits of employees;
    • to protect employee’s beliefs and culture;
    • succession and contingency planning; and
    • for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and/or supply of our products, our business activities or such other purpose for which it was collected.
  • We will generally not process particularly Special Personal Information about you unless it is necessary for establishing, exercising or defending a right or obligation in law, or where we have obtained your consent to do so. There may be other reasons for Processing your Special Personal Information, such as where the information has been deliberately made public by you. The situations in which we may Process your Special Personal Information include the following:-
    • as part of our services offered, we may Process Special Personal Information;
    • as part of the recruitment and hiring process, we may Process information relating to your criminal behaviour;
    • we may Process such information for the purposes of complying with our obligations in terms of any medical aid schemes or pension or provident funds, of which you are members, through your employment with us.
  • We will not collect more of your Information than we reasonably need to:-
    • facilitate the supply of services to you;
    • communicate with you, including for marketing and advertising;
    • effectively engage with you or communicate with you, in the conduct of our business activities and as a result of your engagement with us;
    • comply with any contractual obligation that we may have with you or as a result of your engagement with us; and/or
    • as is required in terms of any law in force in the Republic of South Africa.
  • You have the right to object to the processing of your Information where it is voluntary to provide your Information. However, should you not provide your Information, as is required, we may be unable to engage with you further or conduct our business with you, as a result of requiring your Information for those purposes listed in clause 0 (including its sub-clauses). If you are concerned about any aspect of this Privacy Policy as it relates to your Information, please do not continue to engage with us, or use our products and services and communicate with our Information Officer.

 

  1. HOW DO WE PROCESS YOUR INFORMATION
  • We collect your Information in the following ways:-
    • you may be asked to provide us with your Information when you engage with us to supply products and/or services or provide a quotation (direct or active interactions or automated or passive interactions);
    • you may be asked to provide us with your Information when you engage with us as our employee/ consultant/ contractor or job applicant;
    • from third parties and public sources; and
  • We will advise you of the Information that we collect and the sources that we collect from, should we not collect directly from you.
  • In the normal course, we will collect or infer the following of your Information on your engagement with us and/or in respect of our products and/or services (or if you contact us directly):-
    • your full name and prefix (e.g. Mr, Mrs, Dr) / the registered name of your business;
    • your mobile number and telephone number/s;
    • your email address, so that we can authenticate you electronically and administer your account;
    • your identity / registration number;
    • your physical address / registered address, billing address and any delivery addresses;
    • your bank account details and details about payments made to or from you;
    • your VAT registration details and Tax clearance certificates;
    • your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to use our products and services or engage with us; and
    • records that may contain or evidence your Information, as aforementioned.
  • We receive your Information from various third parties including recruitment agencies, suppliers of background checks services and publicly available sources.
  • We also collect your Information through CCTV cameras installed at our premises’, for safety and security reasons.
  • We may also process, collect, store and/or use aggregated data, which may include historical or statistical data (“Aggregated Data“) for any purpose, including for know-how and research purposes. Aggregated Data may be derived from your Information but is not always considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as your Information, which will be managed in accordance with this Privacy Policy.
  • We may not be able to supply our products and/or services or otherwise engage with you if you do not provide us with the minimum of your Information as detailed above in clause 7.3 (including its sub-clauses).
  • We store your Information on:-
    • our premises, in the form of hard drive backups;
    • the premises of third party service providers such as document storage service providers; and
    • servers, of our own or hosted by third party service providers, including cloud storage.
  • In respect of clauses 7.8.2 and 7.8.3, we will ensure that we have entered into written agreements with those third party service providers governing our relationship with them that require them to secure the integrity and confidentiality of your Information in their possession by taking appropriate, reasonable technical and organisational measures.
  • If the location to which your Information is transferred and/or is stored is outside the Republic of South Africa and does not have substantially similar laws to those of the Republic of South Africa, which provide for the protection of your Information, we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Information is adequately protected in that jurisdiction.
  • Please contact us if you require further information as to the specific mechanisms used by us when transferring your Information outside of the Republic of South Africa or to a jurisdiction that is different to the one in which we collected your Information.

 

  1. HOW DO WE USE YOUR INFORMATION
  • We use your Information to facilitate the provision of the services to you and to supply products, as well as for our general operational, technical and administrative purposes.
  • We may utilise service providers, agents, advisors and suppliers under contract with us, who help provide certain services or help with parts of our business operations or activities, including but not limited to fraud prevention, bill collection, marketing, technology services. Our contracts with such third parties dictate that these persons only use your Information in connection with the goods they supply or services they perform for us and not for their own benefit and such persons have agreed to be bound by applicable data protection legislation and this Privacy Policy or similar terms, which offer the same level of protection as this Privacy Policy.
  • We may supply your Personal Information to credit bureaus to report account information, as permitted by law.
  • By making use of our services, you consent to the collection or use of your Information.

 

  1. HOW DO WE DISCLOSE YOUR INFORMATION
  • Generally, we will only disclose your Information:-
    • to the extent that we are required to do so, in compliance with any legal obligation that we may have in terms of any applicable laws, including any legislation; and
    • to our consultants, agents, contractors, suppliers, technical support and other service providers relating to the operation of our business. We will authorise the Processing of your Information, performed by a third party for or on our behalf, amongst other things, by entering into written agreements with those third parties governing our relationship with them and containing confidentiality; non-disclosure and data protection provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
    • to enable us to enforce or apply our Terms;
    • to protect our rights, property or safety or that of our clients, employees, contractors, suppliers, agents and any other third party;
    • with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:
    • comply with the law or with any legal process;
    • protect and defend our rights, property or safety, or our clients, employees, contractors, suppliers, agents or any third party;
    • detect, prevent or manage actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorised and/or contraventions of this Privacy Policy; and/or
    • protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities);
    • with your consent.
  • We will get your consent before disclosing your Information to any third party for any other purpose, if we are required by law to do so.
  • We will not sell your Information. Your Information will not be disclosed to anyone except as provided in this Privacy Policy and/or the Terms.

 

  1. SECURITY
  • We are committed to protecting your Information by taking all reasonable technical and organisational measures to secure the integrity and confidentiality of your Information and to prevent your Information, that we hold, from misuse, interference, damage or loss, and from unauthorised access, modification. disclosure or destruction, which protection includes access control procedures, network firewalls, encryption and physical security.
  • We will ensure that we keep abreast of good practice and ensure that we review our information collection, storage and Processing practices, including physical security measures, periodically, to cater for sufficient security safeguards.
  • Despite the above measures being taken when Processing your Information, subject to the provisions of this clause 10.3, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of your Information.
  • We have implemented policies and procedures to address actual and suspected data breaches and undertake to notify you and the relevant regulatory authorities of breaches in instances in which we are legally required to do so and within the period in which such notification is necessary or reasonably capable of being provided. In this clause, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Information will not be secure when Processed. We do not promise that we can keep your Information completely secure. To the maximum extent permitted by law, you will not be able to take action against us if you suffer losses or damages in these circumstances.

 

  1. QUALITY OF YOUR INFORMATION
  • We will take reasonable steps to ensure that your Information that we hold, use and disclose, is accurate, up to date and complete. However, we will not take any administrative steps to verify the accuracy or completeness of your Information that you provide to us or that we obtain from third party sources, at the time of collection.
  • If you suspect or believe that your Information that we have is not accurate, complete or up to date, contact us at the details below in the Privacy Policy and we will respond to your request within a reasonable period. When responding, we will take reasonable steps to correct your Information and to ensure that it remains accurate, complete and up to date in the future, provided that you supply us with the accurate, complete and up to date information. If for some reason we are unable to correct your Information, we will provide you with our reasons in writing and your further procedures for complaint. We will not ordinarily charge you for requesting the correction or updating of your Information, subject to our sole discretion.

 

  1. ACCESS TO YOUR INFORMATION
  • You are entitled to:-
    • request access to your Information that we hold about you, subject to a limited number of exceptions. If for some reason we are unable to provide you with access to your Information, we will provide you with our reasons in writing as well as your further procedures for complaint. If we did not collect your Information directly from you, we will pass your access request on to the relevant third party;
    • request confirmation of your Information that we hold about you.
  • You may make a request by completing the form attached hereto and submitting via the email address below and we will respond to your request within a reasonable period and all reasonable steps will be taken to confirm your identity before providing details of your Information requested. Ordinarily, we will require you to attend our office to access your Information in secure circumstances, however we will consider any other access procedure you may suggest in writing where it is practicable to do so (in whole or in part). We will not ordinarily charge you for gaining access to your Information, subject to our discretion. We will notify you of the costs, if any, at the time of your request.

 

  1. HOW LONG WE WILL KEEP YOUR INFORMATION FOR
  • We will only retain your Information for as long as it is necessary to fulfill the purposes explicitly set out in this Privacy Policy and/or the Terms, unless:-
    • further retention is required or authorised by law, a code of conduct or a contract with you (including the Terms);
    • we reasonably need it for lawful purposes related to the performance of our functions and activities;
    • we reasonably require it for evidentiary purposes; or
    • you have consented to the specified longer retention.
  • Notwithstanding the above in clause 13, you agree that we may keep your Information for as long as you continue to engage with us, and/or use our products and/or services, for as long as reasonably necessary in terms of our requirements (including in respect of any debt recovery processes that we institute against you) or until you ask us to delete or destroy it.
  • During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your Information.
  • We may retain your Information in physical or electronic records at our discretion.
  • Where it is not possible to delete your Information, we will take all practical steps to make it anonymous.

 

  1. DATA BREACH
  • Where there are reasonable grounds to believe that the Information of a Data Subject has been accessed or acquired by any unauthorised person, we shall notify:-
    • the Information Regulator; and
    • the Data Subject unless the identity of such Data Subject cannot be established.
  • The notification will be made as soon as reasonably possible after the discovery of the compromise, considering the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the compromise and to restore the integrity of our information system.

 

  1. YOUR RIGHTS SUMMARISED
  • Data protection legislation may confer certain rights on you in respect of your Information. We aim to be clear about what of your Information we Process so that you can make meaningful choices about what of your Information you make available to us. You may, for example:-
    • request access to your Information (commonly known as a “data subject access request”), which indicates what of your Information we have about you;
    • request the correction of your Information, in order to ensure that any incomplete or inaccurate Information is corrected;
    • request erasure of your Information, where there is no lawful basis for the retention or continued processing of it;
    • object to the Processing of your Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to Processing on this ground as you feel it impacts on your fundamental rights and freedoms;
    • request restriction of Processing of your Information. This enables you to ask us to suspend the Processing of your Information in limited circumstances, which may differ by jurisdiction;
    • withdraw consent which you previously gave to the Processing of your Information at any time. You may withdraw your consent for us to Process your Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:-
      • does not affect the Processing of your Information before the withdrawal of your consent; or
      • does not affect the Processing of your Information if the Processing is in compliance with an obligation imposed on us by any law; or
      • does not affect the Processing of your Information as required to finalise the performance of a contract in which you are a party with us; or
      • does not affect the Processing of your Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the Information is supplied,
    • and it must be noted that withdrawal of consent may limit our ability to provide certain products and services to you or otherwise affect our engagement with you but will not affect the continued Processing of your Information in instances in which your consent is not required.
    • institute civil proceedings regarding an alleged interference with the protection of your Information Processed in accordance with this Privacy Policy.
  • As far as the law allows, we may charge a fee for attending to any of the above requests and may also refuse to carry out any of your requests in whole or in part.
  • Kindly refer to the Annexures attached hereto, for those forms required to be completed, if you proceed with anything in clause 14.3.

 

  1. HOW TO CONTACT US
  • You can also find out more about the way we manage your Information that we hold, by contacting us via info@visalogistics.co.za.

 

  1. GENERAL AND INTERPRETATION
  • In this Privacy Policy, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention:-
    • an expression which denotes:-
      • any gender includes the other genders;
      • the singular includes the plural and vice versa.
    • If any provision in this Privacy Policy is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from this Privacy Policy, and the remaining terms and conditions shall remain in full force and effect.
    • If there is a contradiction or inconsistency between this Privacy Policy and any other notices, policies, agreements, communications or documents relating to our business with you, this Privacy Policy will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
    • Any reference to “law” and/or “legislation” in this Privacy Policy is a reference to any applicable valid law of the Republic of South Africa.
    • Any reference to a natural person includes a reference to any juristic entity, body corporate, partnership and/or artificial person and vice versa.
    • The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
    • Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.
    • If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008, POPIA or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.
    • No provision of this Privacy Policy:-
      • does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      • requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      • limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
    • Your rights and obligations under this Privacy Policy are personal to you and you may not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under this Privacy Policy. We, unless otherwise provided for in law, or in this Privacy Policy, may assign, delegate, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under this Privacy Policy without notice to you.
    • This Privacy Policy shall apply for the benefit of and be binding on each party’s successors and assigns.
    • This Privacy Policy is governed by the laws in force in the Republic of South Africa and, unless an alternative remedy is prescribed in law, both we and you agree to be bound by the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, for all purposes arising from and/or in connection with this Privacy Policy, their interpretation and/or any disputes regarding the terms and/or conditions herein.