Cancellation and Refund Policies
The expiration, cancellation or other termination of the Agreement shall not affect those provisions of the Agreement which expressly provide that they will operate after such expiration, cancellation, or other termination or which of necessity must continue to endure after such expiration, cancellation, or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
If the operation of the Agreement is suspended or conditional upon the happening of any event and if any obligation or restriction imposed on the parties or any of them is clearly intended to be implemented and given effect to notwithstanding the fact that the Agreement in its entirety may at that time not yet be unconditional, then the relevant obligation or restriction shall nevertheless apply and be given effect to, and the relevant provisions shall create binding obligations on the parties.
Grace Egg Donors (Pty) Ltd, accordingly agrees to refund within 30 days of cancellation, in full excluding the Administration Fee or a reasonable portion of the fee paid by the Intended Parents, having regard to the extent of Grace Egg Donors’ failure to properly perform in terms of the Agreement, should:
Grace Egg Donors failed to render the services that form part of its obligations in terms of the Agreement –
- timeously as provided for in the Agreement.
- in the manner and quality that the Intended Parents are generally entitled to expect; and
- otherwise, as contemplated in the Consumer Rights Act 2015 and any related legislation or rules.
- The chosen Donor withdraws after initial acceptance or at any time prior to ovum retrieval.
- The chosen Donor fails her medical examination.
- The chosen Donor acts in an irresponsible manner, that causes the delay or disruption of retrieval or transfer beyond the agreed upon time period between herself and the Intended Parents.
The amount to be refunded will be calculated according to the same exchange rate as was applicable on the day of payment. In other words, the refund amount will be the ZAR amount received, less the Administration Fee where applicable. Alternatively, Grace Egg Donors will apply payments made to another Grace Egg Donor of the Intended Parents’ choice. In the event that the Intended Parents do not choose another Grace Egg Donor, nor request a refund within six months (6 months) of payment of the monies, said payment shall be forfeited.
Regulation Laws and Jurisdiction
The parties agree that the law applicable to the entire Agreement is that of South African Law and should any difference or dispute arise between the parties under or in respect of this agreement or the interpretation thereof or the performance by any party of its obligations and whether during the subsistence of this agreement or on the termination thereof, such difference or dispute shall be submitted to a confidential arbitration in terms of the arbitration laws for the time being in force. Each of the parties shall nominate an arbitrator, who before entering upon such arbitration shall nominate an umpire in the event of their differing of opinion or failing to reach agreement, and the conduct of the arbitration proceedings shall be as agreed between the parties, or failing agreement as determined by the arbitrators. The decision or award of the arbitrators shall be conclusive and binding upon the parties.
Arbitration shall be held in Cape Town, South Africa, informally and otherwise upon the provisions of the Arbitration Act No. 42 of 1965 (as amended or re-enacted from time to time) it being the intention that, if possible, it shall be held and concluded within twenty-one (21) days after it has been demanded and finalized within sixty (60) days.