1.      Introduction

1.      This website can be accessed at https://fnb-cortexchic.co.za/ (the 'Website') which is owned and operated by Cortex Creative Centre (Proprietary) Limited ('Cortex', 'we', 'us' and 'our').

2.      These Website Terms and Conditions ('Terms and Conditions') govern the ordering, sale and delivery of Goods, and the use of the Website.

3.      These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website ('you', 'your' or 'user'), including without limitation each user who registers as contemplated below ('registered user'). By using the Website and by clicking on the 'Register Now' button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

4.      The Website enables you to shop online for the FNB Corporate Wear Range ('Goods').

5.      When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for exchange collections, is a delivery address within the borders of the Republic of South Africa. Such address must also be the FNB branch address at which you will be at the time of the delivery or collection for exchange.

2.      Deliveries and Exchanges

1.      Please refer to our Deliveries & Exchanges Policy for more information about exchanging the products. The Deliveries & Exchanges Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

3.      Registration and use of the website

1.      Only registered users may order Goods on the Website.

2.      All users will be verified against the FNB database and must be current employees of FNB.

3.      To register as a user, you must provide a unique username and password and provide certain information and personal details to Cortex Chic. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.      You agree and warrant that your username and password shall:

1.      be used for personal use only; and

2.      not be disclosed by you to any third party.

5.      For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

6.      You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.

7.      You agree to notify Cortex Chic immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

8.      By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person 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.

9.      You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use 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 Cortex representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

10.   You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

11.   You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Cortex Chic representative.

4.      Conclusion of sales and availability of stock

1.      The lead time of all Goods ordered shall be 6 to 8 weeks from the end of the month in which the Goods are ordered.

2.      Registered users may place orders for Goods, which Cortex Chic may accept or reject. Whether or not Cortex Chic accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment for the Goods.

3.      NOTE: Cortex Chic will 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 Cortex Chic come into effect (the 'Sale'). This is regardless of any communication from Cortex Chic stating that your order or payment has been confirmed. Cortex Chic will indicate the rejection of your order (by Cortex Chic itself) by cancelling it.

4.      Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

5.      Payment

1.      We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

2.      Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -

1.      debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

2.      credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

3.      Instant EFT;

4.      Payment for goods must be made in South African Rand (ZAR);

3.      Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

6.      Delivery of goods

1.      Cortex Chic shall deliver the Goods to you.

2.      Cortex Chic's obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Such address shall only be the address of FNB branch at which you are employed at the time of the Purchase of the Goods.

3.      Cortex Chic is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

7.      Privacy policy

1.      We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

8.      Changes to these Terms and Conditions

1.      Cortex Chic may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

2.      Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

9.      Ownership and copyright

1.      The contents of the 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 which are displayed on or incorporated in this Website ('Website Content') are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Cortex and is licensed to Cortex Chic.

2.      You will not acquire any right, title or interest in or to the Website or the Website Content.

10.   Disclaimer

1.      The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

2.      Whilst Cortex Chic takes reasonable measures to ensure that the content of the Website is accurate and complete, Cortex Chic 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.

3.      Cortex Chic disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

4.      Any views or statements made or expressed on the Website are not necessarily the views of Cortex Chic, its directors, employees and/or agents.

5.      In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cortex Chic also makes no warranty or representation, whether express or implied, that the information or files available 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 impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept 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 impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Cortex Chic, its employees, agents or authorised representatives. Cortex Chic thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

11.   Limitation of liability

1.      Cortex Chic cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Cortex Chic, its employees, agents or authorised representatives.

2.      CORTEX CHIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE.

3.      YOU HEREBY INDEMNIFY CORTEX CHIC AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

12.   Availability and termination

1.      We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

2.      Cortex Chic may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Cortex Chic will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

3.      If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

4.      Cortex Chic is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Cortex Chic to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Cortex Chic, in whole or in part, on notice to you.

5.      At any time, you can choose to stop using the Website, with or without notice to Cortex Chic.

13.   Governing law and jurisdiction 

1.      These Terms and Conditions and our 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. Your continued use of the Website will constitute your 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.

2.      In the event of any dispute arising between you and Cortex Chic for the Sale of goods, you agree that the Sale occurs in the Western Cape and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

3.      Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

14.   Complaints 

1.      If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our the dedicated email address of fnb@cortex1.co.za or you can contact our call centre on 073 852 2870

15.   Information

16.   General

1.      Cortex Chic may, in its sole discretion, at any time and 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 us processing any orders then already made by you.

1.      You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

2.      Any failure on the part of you or Cortex Chic to enforce any right in terms hereof shall not constitute a waiver of that right.

3.      If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

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

5.      No indulgence, extension of time, relaxation or latitude which any party (the 'grantor') may show grant or allow to the other (the 'grantee') shall 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.

6.      These Terms and Conditions contain the whole agreement between you and Cortex Chic and no other warranty or undertaking is valid, unless contained in this document between the parties.