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CMR My Card Programme Partner Terms and Conditions

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  1. The parties agree and undertake that they will keep confidential all information pertaining to the operation of each other’s business, and will not use that information other than for the purposes of this  agreement. Also, they shall protect that information and not disclose it to any unauthorized persons.
  2. The Programme Partner warrants that its Offer/s shall not harm the goodwill and reputation of CMR, and hereby indemnifies and holds CMR harmless against all or any claims of whatsoever nature and howsoever arising out of the sale of its Offer/s.
  3. CMR shall take reasonable steps to ensure that its systems and data will not be corrupted; however, the Programme Partner acknowledges that corruption can occur from causes outside the control of CMR. The Programme Partner accordingly hereby indemnifies CMR against any loss or damages the Programme Partner may suffer arising out of the corruption of data or failure ofCMR’s website or other electronic media.
  4. In any cases where CMR promotes or advertises any Offer/s incorrectly, CMR’s liability will be restricted to changing such Offer/s and informing its My Card members accordingly.
  5. Should any party (the “defaulting party”) commit a breach of any of the provisions of this agreement, then the party who is not in breach (the “aggrieved party”) may give the defaulting party written notice to remedy the breach. If the defaulting party fails to comply with that notice within 10 days of receipt thereof, subject to any other provisions herein to the contrary, the aggrieved party shall be entitled to cancel the membership or to claim specific performance, in either event without prejudice to the aggrieved party’s rights to claim damages. This is all without prejudice to such other rights as the aggrieved party may have in common law or statute.
  6. The parties choose the addresses as stated in the CMR My Card Business Enrolment Form as their respective addresses for service of any documents, notice in terms of this agreement or for legal proceedings. The parties may also use the email addresses as stated in this same form as an accepted form of written communication. Any email validly sent by one party is deemed to have been received by the other party within 48 hours of sending excluding public holidays, Saturdays or Sundays.
  7. Each term of this Agreement shall be considered as severable. If for any reason any term hereof is determined to be invalid and contrary to or in conflict with any existing or future law, then this Agreement shall be interpreted and enforced as if such invalid term was not contained.