Terms of service
WEBSTORE TERMS & CONDITIONS
(Last updated: 18 November 2021)
1. General
1.1 These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”) and Sony Music Entertainment Africa (Pty) Ltd and any of its affiliates, subsidiaries or any parent company (“we”, “us” or “our”), concerning access to and use of the webstore as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”).
1.2 These Terms shall apply to all users who are consumers for the purposes of the Consumer Protection Act, 68 of 2008.
1.3 You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1.4 The placing of an order via the Site may require you to use third party applications to commence and/or complete your order. As such, when placing an order via the Site, you represent and warrant that you have accepted the terms and conditions of said third party applications, as applicable.
1.5 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.6 We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.
1.7 It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such Terms are posted, unless any changes to the Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you via the Site).
1.8 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.9 The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside, must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms, prior to using the Site.
2. Intellectual Property Rights
2.1 Unless otherwise indicated, the Site is our proprietary property and all source codes, databases, functionality, software, website designs, music recordings, lyrics, audio, video, digital downloads, text, photographs and graphics on the Site (the “Content”) and the trade marks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trade mark laws and various other intellectual property rights and unfair competition laws of the Republic of South Africa, foreign jurisdictions and international conventions.
2.2 The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.
2.3 You will not acquire any right, title or interest in or to the Site of the Content.
2.4 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. User Representation
3.1 By using the Site, you represent and warrant that:
a) All registration information you submit will be true, accurate, current and complete;
b) You will maintain the accuracy of such information and promptly update such registration information as necessary;
c) You have the legal capacity and you agree to comply with these Terms;
d) You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Site;
e) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
f) You will not use the Site for any illegal or unauthorised purposes;
g) Your use of the Site will not violate any applicable law or regulation.
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. Prohibited Activities
4.1 You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
4.2 As a user of the Site, you agree not to:
a) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
b) make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
c) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
d) engage in unauthorized framing of or linking to the Site;
e) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
f) make improper use of our support services or submit false reports of abuse or misconduct;
g) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
h) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
i) attempt to impersonate another user or person or use the username of another user;
j) sell or otherwise transfer your profile;
k) use any information obtained from the Site in order to harass, abuse, or harm another person;
l) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
m) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
n) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
o) harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
p) delete the copyright or other proprietary rights notice from any Content;
q) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
r) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
s) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
t) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
u) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
v) use the Site in a manner inconsistent with any applicable laws or regulations.
5. Submissions
5.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.2 You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
6. Registration and Passwords
6.1 Only registered users may order products via the Site.
6.2 You will be required to complete a registration process, by providing certain information (including but not limited to your name, address, contact information and payment details) and register a unique username and password, in order to access the Site, in order to purchase goods.
6.3 The decision to register a password is in our sole discretion and we may revoke your password at any time.
6.4 You agree and warrant that your username and password shall be used for personal use only and shall not be disclosed by you to any third party. You shall be solely responsible for all activities that occur in your account and for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent. As such, you will be liable for payment of all orders made under your account, save where the order is cancelled by you in accordance with these Terms.
6.5 You agree to notify us 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.
6.6 Please see our Privacy Policy for further explanations as to how we use the information collected from you and how we use cookies and traffic analysis tools.
7. Product Sales and Availability of Stock
7.1 The Site will only allow you to purchase physical products (e.g. artist’s albums, compilation albums and DVD’s)
7.2 Goods sold on the Site are billed in Rands and include VAT.
7.3 Registered users may place orders for the abovementioned goods, which we may accept or reject. Whether we accept or reject an order depends on the availability of the goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment authorisation by us for the goods.
7.4 We 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 us will come into effect (the “Sale”). We will indicate the rejection of your order, by cancelling it and as soon as possible thereafter, refunding you any amount already paid.
7.5 Prior to delivery of the goods, you may cancel an order at any time, provided you do so before receiving a dispatch or delivery notice. After delivery of the goods to you, you may return the goods only in accordance with the Returns Policy.
7.6 The placing of goods in a shopping basket, without completing the purchase cycle, does not constitute an order for such goods and as such, goods may be removed from the shopping basket, if stock is no longer available or the rice thereof might change, without notice to you. You cannot hold us liable if such goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
7.7 Shipping and delivery dated for any so-called “limited edition” and/or “pre-order” goods are not guaranteed, unless otherwise specified and no returns or exchanges will be allowed for such “limited edition” goods.
7.8 You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Site. However, we cannot guarantee the availability of stock. When goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
7.9 We cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, item and/or quantity. If you wish to cancel your order and place a new order, kindly refer to our Refund Policy.
7.10 Shipping delays may occur if an incorrect address is provided at the time of checkout. We are not responsible for any lost packages due to your provision of an incorrect shipping address.
7.11 If you have ordered multiple items within a single order, we reserve the right to either (i) ship your order once all items become available to ship or (ii) to split your order containing multiple items into multiple shipments.
7.12 All orders placed before 15:30pm (SAST/CAT) on the day on which the order is placed, will be shipped to you on the same day. Any orders after 15:30pm (SAST/CAT) on the day on which the order is placed, will be shipped to you on the next business day.
7.13 We use third party couriers to delivery goods. A valid proof of delivery or courier run-sheet will be conclusive proof that the goods were delivered to the address provided on the order.
7.14 The onus is on you to inform us if an order or part of an order is undelivered within 30 calendar days from the date of sale. We will not entertain any claim for undelivered goods outside of 30 calendar days from the date of sale where a valid dispatch reflects against the order.
8. Errors
8.1 Although we shall take all reasonable steps to ensure the accuracy of the description, availability, purchase price and delivery charges of goods on the Site, should there by any errors of whatsoever nature on the Site, we shall not be liable of any loss, claim or expense relating to a transaction based on such error, except in the case of an incorrect price, in which case we shall refund you any amount already paid, or as set out in our Returns Policy.
9. Payment
9.1 All prices of the goods on the Site are exclusive of delivery costs. Delivery costs will be stated separately, when settling the order and may vary daily for each order.
9.2 Payment is accepted via debit card, credit card (Visa or Mastercard) and direct EFT transfer.
9.3 We are committed to providing secure online payment facilities and all transactions will be encrypted using appropriate encryption technology.
9.4 In the case of payment by either debit or 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 any authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the goods will be cancelled. You confirm that the card being used is yours and that there is sufficient funds or credit available to cover all charges associated with your order.
9.5 In the case of an electronic funds transfer(“EFT”), payment must be made within 5 (five) days of placing your order. We will not accept your order if payment has not been received.
9.6 EFT payments need t be made to one of our nominated bank accounts. The beneficiary reference would need to be the customer order number. Proof of payment would need to be sent to the comminated e-mail address within 3 hours of the order being placed. Failure to send proof of payment in time may lead to your order being cancelled, in which case we will only be liable to refund any monies already paid by you for the said order.
9.7 No forex payments will be accepted. Any costs involved with the refusal of such forex payments will be for your account.
9.8 Products ordered from the Site, for delivery outside of South Africa, may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, you shall be responsible for any local pickup or specified delivery with your local postal service. We have no control over these charges and local requirements and therefore cannot predict these amounts. Please contact your local customs office or post office for further information, before placing your order. We will not be liable for any breach by you of any local laws or regulations.
10. Returns
10.1 Kindly refer to our Returns Policy for more information and procedures when returning products purchased via the Site (and related refunds or replacements).
10.2 For all intents and purposes, the Returns Policy shall form part of these Terms.
11. Third Party Websites and Content
11.1 The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
11.2 Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
11.3 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
11.4 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
11.5 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. Site Management
12.1 We reserve the right, but not the obligation, to:
(a) monitor the Site for violations of these Terms;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
(c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your access to the Site;
(d) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
13. Term and Termination
13.1 These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account or information that you posted at any time, without warning, in our sole discretion.
13.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
14. Modifications and Interruptions
14.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
14.2 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
14.3 We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
14.4 We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
14.5 Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. Governing Law
15.1 These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Republic of South Africa.
15.2 You hereby irrevocably submit to the non-exclusive jurisdiction of the Republic of South Africa, as to any claims or matter arising in relation to these Terms.
16. Disclaimer
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (c) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
17. Limitation of Liability
17.1 In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages, unless specifically specified in these Terms.
18. Indemnification
18.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of:
(a) use of the Site;
(b) breach of these Terms;
(c) any breach of your representations and warranties set forth in these Terms;
(d) your violation of our rights and/or the rights of a third party, including but not limited to intellectual property rights.
19. Electronic Communications, Transactions and Signatures
19.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
19.2 You hereby waive any rights or requirements under any statutes, regulations, rules, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. Miscellaneous
20.1 These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
20.2 These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
20.3 If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
20.4 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
20.5 You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
21. Contact Us
21.1 In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Sony Music Entertainment Africa (Pty) Ltd
1st Floor, 6 Parks Boulevard
Oxford Parks
Dunkeld
Tel: (011) 274 5000
E-mail: claire.hugo@sonymusic.com