We recommend that you print and keep a copy of this page for future reference.
| 1 |
Introduction |
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1.1 |
These terms and conditions relate to all publications owned or distributed by Avusa Media which you offer to purchase from us. Please read these terms and conditions. They do not affect your statutory rights. We will be unable to process any offer to purchase a Subscription until you have clicked on the “I have read and accept these Subscription Terms And Conditions” button. If there is anything you do not understand, please feel free to e-mail us at feedback@avusa.co.za or phone us on 0860 946 946. |
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1.2 |
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. |
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YOUR ATTENTION IS DRAWN IN PARTICULAR TO:
CLAUSE 7 (RESTRICTIONS ON YOUR RIGHT TO CANCEL);
CLAUSE 9 (LIMITATION OF LIABILITY); and
CLAUSE 10 (INDEMNITY). |
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1.3 |
You must be 16 years or older to register for the Subscription Service. By clicking on the “I have read and accept these Subscription Terms And Conditions” button on our subscription webpage, you confirm to us that you are at least 16 years of age. |
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1.4 |
We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site (see date above) and we are not under any obligation to notify you of such changes. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones. |
| 2 |
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Definitions |
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In these terms and conditions:-
“Acknowledgement Notice” means the email sent by us to you within 72 hours confirming details of the newspaper subscription which you have offered to purchase (please note that although this notice constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer to purchase a subscription;
“Commencement Date” means the date when our agreement with you is concluded (see clause 3.3);
“Confirmation Notice” means the form issued by us to you within 21 working days after you have placed an order, confirming details of the subscription which you have offered to purchase and whether we agree to accept your offer and supply the products to you (or to such address as you may nominate);
“Subscription” means the subscription or subscriptions to be provided by us to you (or to such address as you may nominate), as described in the Order Form and Confirmation Notice and on the pages of the Avusa Media Subscription website. (In the event of a discrepancy between the description of the Subscription on the Avusa Media Subscription website and that on the Order Form and Confirmation Notice, the description on the Order Form and Confirmation Notice shall be conclusive);
“Subscription Service” means the provision of a Subscription by us to you (or to such address as you may nominate);
“Order Form” means the form completed by you online and showing details of the Subscription which you have offered to purchase from us;
“we/us/our/Avusa Media” refers to Avusa Media Limited, a company incorporated in South Africa (registered number 1952/003139/06) and having our registered office at 4 Bierman Avenue, Rosebank, 2196, Gauteng, South Africa;
“Working Days” means a day other than a Saturday or Sunday during business is transacted; and
“you/yours” refers to you, the person offering to purchase a Subscription from us. |
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| 3 |
Your Agreement With Us |
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3.1 |
It is our intention that all the terms of the contract between us and you are contained in these terms and conditions, together with the Order Form and Confirmation Notice, and in any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us (“the Agreement”). We accept responsibility under the Agreement for our commitments to you. We also accept responsibility for commitments made to you by our duly authorised agents. |
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3.2 |
Nothing in the Avusa Media Subscription website is intended or shall be interpreted to mean that we are making a legal offer to you to provide a Subscription; we are inviting you to make a legal offer to us to purchase a Subscription. It is entirely at our discretion to accept or reject the offer to purchase. |
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The Agreement is concluded only when we have accepted your order by sending you a
Confirmation Notice (with the date of first delivery of the Agreement being the date shown on that Confirmation Notice). The technical steps required to conclude a contract for the Subscription
Service comprise: |
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(i) STEP 1: ORDER FORM
You must complete the Order Form offering to purchase a Subscription from us completely and accurately and submit this to us by clicking on the button marked ‘Submit’.;
(ii) STEP 2: ACKNOWLEDGEMENT NOTICE
Please note that this step applies only to orders submitted online: We shall issue you with an Acknowledgement Notice within 72 hours of receiving an offer by you, submitted using
our online subscription facility;
(iii) STEP 3: CONFIRMATION NOTICE
We shall issue you with a Confirmation Notice within Twenty One (21) Working Days after we receive your offer: where this states that we accept your offer to purchase a Subscription, formation of the contract for the Subscription Service is complete. |
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| 4 |
General |
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4.1 |
Payment for Subscriptions can be made using any of the methods listed in Clause 6 below and will be debited when we have accepted your offer to purchase. |
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4.2 |
All prices are quoted in South African Rands (ZAR). 14% VAT is included in the Subscription prices. Prices for a Subscription include delivery charges. |
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4.3 |
Our acceptance of your offer to purchase a Subscription is subject to our production capacity. We will inform you if we are unable to provide the Subscription which you have offered to purchase and a full refund of any prepayments will be given. |
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4.4 |
Prices, offers and publications are subject to availability and may change prior and subsequent to us accepting your order. |
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4.5 |
Every effort has been made to ensure the descriptions and prices of Subscriptions are correct but nevertheless all prices are subject to confirmation. We will inform you as soon as possible in the
event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description, price or delivery charge, or (ii) retracting your offer to purchase and receiving a full refund of any prepayments. |
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4.6 |
In order for us to provide you with the best possible delivery service, the responsibility lies with you to ensure your delivery information is updated and correct at all times. |
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4.7 |
All contracts in relation to the Subscription Service shall be concluded in English. |
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4.8 |
Your personal data will be processed by us as set out in our Privacy Policy. |
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4.9 |
We are obliged by law to provide you, prior to the delivery to you of the products which you have purchased, with certain information in relation to the Subscription and your rights in relation to the Agreement with us. This information appears throughout these Terms and Conditions, but is
summarised in the Confirmation Notice. |
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| 5 |
Delivery Details |
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5.1 |
All Subscriptions are subject to our production capacity and authorization of your payment. |
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5.2 |
We shall endeavour to commence delivery of the product within Twenty One (21) Working Days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible. If we cannot commence a subscription you have ordered within Sixty (60) days of the date you sent your offer to purchase a Subscription to us, we shall inform you and you shall have the option of either accepting a later Subscription commencement date or cancelling the Agreement and accepting a refund of any prepayments. |
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5.3 |
In terms of newspaper delivery, we will endeavour to deliver your product by 06:30AM weekly and 07:30AM on weekends. The responsibility lies with you to report a non-delivery before 11:00AM in order for us to arrange for a re-delivery. All non-deliveries reported after 11:00AM will be credited at the end of each month for monthly debit order subscribers and extended immediately for subscribers who have pre-paid. |
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| 6 |
Payment Options |
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6.1 |
We accept the following methods of payment for Subscriptions: - |
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! Monthly debit order
! Credit card once-off payment |
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6.2 |
Payment may be made by any of the methods above and will be debited when we accept your offer. The total amount you pay is the same, regardless of the payment method you use. |
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6.3 |
Payment will be processed using the services of The Standard Bank of South Africa. |
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6.4 |
We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method. |
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| 7 |
Cancellation |
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7.1 |
OUR RIGHT TO CANCEL: If for reasons beyond our reasonable control, including but not limited to fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies, we are unable to supply the product to you, we may cancel the Agreement at any time by giving notice to you. We shall repay to you, within Sixty (60) working days, the proportion of any sums paid by you or on your behalf under or in relation to the Agreement relative to the amount of issues outstanding under your Subscription. |
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7.2 |
YOUR RIGHT TO CANCEL: Once your Subscription has commenced, you will NOT be entitled to cancel the subscription for a minimum of 12-months. |
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| 8 |
Errors Made By You & Withdrawal of Your Offer |
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8.1 |
If you wish to correct an error made by you in your offer or withdraw your offer to purchase a Subscription from us prior to the issue of the Confirmation Notice, you must notify us of this fact in writing. Full contact details are set out in Clause 12 below. |
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8.2 |
Where you fail to inform us by the Commencement Date of the provision by you of incorrect specification of the Subscription (including, for example, provision of an incorrect delivery address) we reserve the right to charge you the full price of the Subscription. Please inform us a soon as you are aware of such errors and we shall endeavour to send future copies of the publication due under the Subscription to the correct address. |
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| 9 |
Limitation Of Liability |
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IMPORTANT: THIS CLAUSE 9 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE
SUBSCRIPTION. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE A
SUBSCRIPTION UNLESS YOU AGREE TO THIS CLAUSE. |
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9.1 |
Nothing in these terms and conditions is intended to be unfair or exclude any legislation designed
to ensure that the rights of parties to a contract of this type of Agreement are fairly balanced. |
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9.2 |
Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or
misrepresentation on our part. |
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9.3 |
To the fullest extent permitted by applicable law, we disclaim all liability for our employees’, the Courier’s or other sub-contractors’ negligence. |
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9.4 |
We may include links from time to time from the Avusa Media Subscription website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites. |
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9.5 |
All conditions, terms, representations and warranties relating to the Subscription which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law. |
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9.6 |
Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Subscription shall be limited to the sum paid by you to us for the Subscription hereunder. Notwithstanding the foregoing, nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation. |
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9.7 |
No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising. |
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9.8 |
In the event that you have any right, claim or action against any third party responsible for an advertisement appearing on the Avusa Media Subscription website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Avusa Media Limited (and our officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. |
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9.9 |
Every provision of this clause 9 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement. |
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| 10 |
Indemnity (Liability Passed To You) |
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IMPORTANT: IN THIS CLAUSE 10 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers, employees or the Courier, and arising as a result of breach by you of this Agreement. |
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| 11 |
Website Content |
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11.1 |
We have used reasonable care and skill in compiling the content of the Avusa Media Subscription website but make no warranty, express or implied, as to the nature or accuracy of any material on the Avusa Media Subscription website. The Confirmation Notice is conclusive as to the prices, delivery charges and the description of the Subscription Service. Although every effort is made to ensure complete accuracy, some prices or details shown on the Avusa Media Subscription website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavors to rectify any errors as swiftly as possible. |
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11.2 |
We, our contractors and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on the Avusa Media Subscription website, which you may use only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited. |
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| 12 |
Contact Details |
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If you have any queries about these terms and conditions, or any other aspect of the Avusa Media Subscription service, or you have a complaint, you can phone us 0860 946 946, or e-mail feedback@avusa.co.za, or write to us at:
Avusa Media
Circulation Division
61 Commando Road
Industria West
2093
Gauteng
South Africa We shall respond to any communication received by us as quickly as we can. |
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| 13 |
Law and Jurisdiction |
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The Agreement shall be governed by and construed in accordance with South African law and you agree to submit to the non-exclusive jurisdiction of the South African courts. You are responsible for compliance with any applicable laws of the country from which you access the Avusa Media Subscription website. |