Terms & Conditions

Website Terms and Conditions of Use

WEBSITE TERMS AND CONDITIONS OF USE

1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Tuning Fork (Pty) Ltd t/a Balanced Audio with registration number 2010/001048/07 (“Balanced Audio”) governing the access and use of the information, products, services, ordering, sale and delivery of Products and in general the use of and functions provided on www.balanced-audio.co.za (“Website”).

1.2 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 in addition to 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.

1.3 Should any person that accesses the Website you disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.

1.4 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. You must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions before purchasing any products or services.

1.5 Balanced Audio permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

1.6 Balanced Audio reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by Balanced Audio from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.

1.7 If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Our contact details are available in clause 18 below. Please note that calls to us may be monitored for training, security and quality assurance purposes.

Registration and Use of the Website

2.1 Only registered users may order Products on the Website.

2.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Balanced Audio. You will need to use your unique username and password to access the Website in order to purchase Products.

2.3 You agree and warrant that your username and password shall:

2.3.1 be used for personal use only; and

2.3.2 not be disclosed by you to any third party.

2.4 For security purposes you agree to enter the correct username and password whenever you order products, failing which access to purchase products on the Website will be denied.

2.5 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, save where the order is cancelled by you in accordance with these Terms and Conditions.

2.6 You agree to notify Balanced Audio 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.

Content of the Website

3.1 The Website enables you to shop online for an extensive range of products including music, audio, marine, various accessories, electronics, power products, motorcycles, and more (“Products”).

3.2 Balanced Audio reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website

3.3 Balanced Audio reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

3.4 Balanced Audio may use the services of third parties to provide information on the Website. Balanced Audio has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Balanced Audio and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

3.5 Balanced Audio makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

3.5.1 Balanced Audio does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;

3.5.2 whilst Balanced Audio has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and

3.5.3 whilst Balanced Audio has taken reasonable measures to ensure that the content of the Website is accurate and complete, Balanced Audio 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. If any such representations or warranties are made by Balanced Audio’s representatives, Balanced Audio shall not be bound thereby.

Linked Third Party Websites and Third Part Content

4.1 Balanced Audio may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Balanced Audio does not endorse, nor does the inclusion of any link imply Balanced Audio's endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

4.2 While Balanced Audio tries to provide links only to reputable websites or online partners, Balanced Audio cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Balanced Audio. Balanced Audio is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

4.3 You agree that Balanced Audio shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

Usage Restrictions

The user hereby agrees that it shall not itself, nor through a third party:

5.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

5.2 decompile, disassemble or reverse engineer any portion of the Website;

5.3 write and/or develop any derivative of the Website or any other software program based on the Website;

5.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Balanced Audio;

5.5 remove any identification, trademark, copyright or other notices from the Website; and/or

5.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

Security

6.1 In order to ensure the security and reliable operation of the services to all Balanced Audio’s users, Balanced Audio hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

6.2 You may not utilise the Website in any manner which may compromise the security of Balanced Audio’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Balanced Audio suffer any damage or loss, civil damages shall be claimed by Balanced Audio against the user.

6.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Balanced Audio and its affiliates, agents and/or partners.

Intellectual Property Rights

7.1 For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Balanced Audio, now or in the future, including without limitation, Balanced Audio’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

7.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Balanced Audio and as such are protected from infringement by local and international legislation and treaties.

7.3 By submitting reviews, comments and/or any other content (other than your personal information) to Balanced Audio for posting on the Website, you automatically grant Balanced Audio and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

7.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.

7.5 Except with Balanced Audio’s express written permission, no proprietary material from this Website may be copied or retransmitted.

7.6 Irrespective of the existence of copyright, the user acknowledges that Balanced Audio is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

7.7 Balanced Audio authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

Risk, Limitation of Liability and Indemnity

8.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

8.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Balanced Audio be liable for any loss, harm, or damage suffered by the user as a result thereof. Balanced Audio reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Balanced Audio deem it necessary.

8.3 To the extent permissible by law:

8.3.1 Neither Balanced Audio, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Balanced Audio knows or should reasonably have known or is expressly advised thereof.

8.3.2 The liability of Balanced Audio for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Balanced Audio rectifying the malfunction, within a reasonable time and free of charge, provided that Balanced Audio is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Balanced Audio. However in no event shall Balanced Audio be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

8.3.3 You hereby unconditionally and irrevocably indemnify Balanced Audio and agree to hold Balanced Audio free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Balanced Audio or instituted against Balanced Audio as a direct or indirect result of:

8.3.3.1 your use of the website and/or any linked third party website;

8.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Balanced Audio;

8.3.3.3 your failure to comply with any of the terms or any other requirements which Balanced Audio may impose from time to time;

8.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

8.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Balanced Audio.

8.4 Balanced Audio makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Balanced Audio for any LOSS suffered by you, as a result of information supplied by Balanced Audio being incorrect, incomplete or inaccurate.

Balanced Audio Privacy

9.1 Balanced Audio takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Balanced Audio Privacy Policy.

9.2 Balanced Audio respects your privacy and is committed to protect your privacy with a view to offer the best and most enriching experience to you for both in-store purchases and purchases on our website. The processing of your personal information is done in accordance with our Privacy Policy.

9.3 You expressly consent to us collecting and processing your personal information when registering on this Website and using our services.

When and Where do we use Cookies?

10.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

10.2 To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.

10.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

Electronic Communications

Terms & Conditions

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