1. WEBSITE TERMS AND CONDITIONS OF USE
1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Tuning Fork Proprietary Limited with registration number 2010/001048/07 (“ World of Yamaha”) 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.linexyamaha.co.za and www.worldofyamaha.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 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 World of Yamaha 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 World of Yamaha 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 World of Yamaha 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.
2. 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 World of Yamaha. 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 World of Yamaha 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.
3. CONTENT OF THE WEBSITE
3.1 The Website enables you to shop online for an extensive range of products including motorcycle and marine accessories, universal spare parts and more (“Products”).
3.2 World of Yamaha 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 World of Yamaha reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
3.4 World of Yamaha may use the services of third parties to provide information on the Website. World of Yamaha 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 World of Yamaha 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 World of Yamaha 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 World of Yamaha 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 World of Yamaha 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 World of Yamaha has taken reasonable measures to ensure that the content of the Website is accurate and complete, World of Yamaha 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 World of Yamaha’s representatives, World of Yamaha shall not be bound thereby.
4. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
4.1 World of Yamaha may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and World of Yamaha does not endorse, nor does the inclusion of any link imply World of Yamaha’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
4.2 While World of Yamaha tries to provide links only to reputable websites or online partners, World of Yamaha 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 World of Yamaha. World of Yamaha 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 World of Yamaha 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.
5. 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 World of Yamaha;
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.
6. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
6.1 Registered users may place orders for Products, which World of Yamaha may accept or reject. Whether or not World of Yamaha accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by World of Yamaha for the Products.
6.2 World of Yamaha will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and World of Yamaha come into effect (the “Sale”). This is regardless of any communication from World of Yamaha stating that your order or payment has been confirmed. World of Yamaha will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Subject to what is contained in our Returns Policy, prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. In this instance please contact email@example.com or 011 259 7855 quoting the order number and item purchased. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy. We may charge a fee equal to the going rate related to your area for delivery costs. We may also charge a reasonable fee relating to pre-inspection costs incurred by us. Visit our Returns Policy here.
6.4 Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof changes without notice to you. You cannot hold World of Yamaha liable if such Products 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.
6.5 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by World of Yamaha, World of Yamaha 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 Website. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, World of Yamaha will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Payment can be made for Products via –
7.2.1 debit card;
7.2.2 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 Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. 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;
7.2.3 Instant EFT
7.3 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
8. CARD PURCHASES AND SECURITY
Card transactions will be acquired for World of Yamaha via PayGate Proprietary Limited ("PayGate") who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
9. USER DETAILS SEPARATE FROM CARD DETAILS
The user details stored by World of Yamaha are separate from the card details which are entered by you on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
10. STORE OUTLET COUNTRY AND TRANSACTION CURRENCY
The store outlet country of World of Yamaha at the time of presenting payment options to you is South Africa. The transaction currency is South African Rand (ZAR).
11. DELIVERY OF PRODUCTS
11.1 World of Yamaha offers 2 (two) methods of delivery of Products to you, subject to availability and product dependability. You may elect delivery via:
11.1.1 courier; or
11.2 World of Yamaha will deliver the Products to you as soon as reasonably possible, but no later than 30 (thirty) days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price.
11.3 World of Yamaha’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. World of Yamaha 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
12.1 In order to ensure the security and reliable operation of the services to all World of Yamaha’s users, World of Yamaha 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.
12.2 You may not utilise the Website in any manner which may compromise the security of World of Yamaha’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 World of Yamaha suffer any damage or loss, civil damages shall be claimed by World of Yamaha against the user.
12.3 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 World of Yamaha and its affiliates, agents and/or partners.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 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 World of Yamaha, now or in the future, including without limitation, World of Yamaha’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.
13.2 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 World of Yamaha and as such are protected from infringement by local and international legislation and treaties.
13.3 By submitting reviews, comments and/or any other content (other than your personal information) to World of Yamaha for posting on the Website, you automatically grant World of Yamaha 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.
13.4 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.
13.5 Except with World of Yamaha’s express written permission, no proprietary material from this Website may be copied or retransmitted.
13.6 Irrespective of the existence of copyright, the user acknowledges that World of Yamaha 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.
13.7 World of Yamaha 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.
14. RISK, LIMITATION OF LIABILITY AND INDEMNITY
14.1 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.
14.2 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 World of Yamaha be liable for any loss, harm, or damage suffered by the user as a result thereof. World of Yamaha reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should World of Yamaha deem it necessary.
14.3 To the extent permissible by law:
14.3.1 Neither World of Yamaha, 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 World of Yamaha knows or should reasonably have known or is expressly advised thereof.
14.3.2 The liability of World of Yamaha 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 World of Yamaha rectifying the malfunction, within a reasonable time and free of charge, provided that World of Yamaha 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 World of Yamaha. However in no event shall World of Yamaha 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.
14.3.3 You hereby unconditionally and irrevocably indemnify World of Yamaha and agree to hold World of Yamaha free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by World of Yamaha or instituted against World of Yamaha as a direct or indirect result of:
184.108.40.206 your use of the website and/or any linked third party website;
220.127.116.11 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of World of Yamaha;
18.104.22.168 your failure to comply with any of the terms or any other requirements which World of Yamaha may impose from time to time;
22.214.171.124 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
126.96.36.199 any unavailability of, or interruption in, the service which is beyond the control of World of Yamaha.
14.4 World of Yamaha 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 World of Yamaha for any LOSS suffered by you, as a result of information supplied by World of Yamaha being incorrect, incomplete or inaccurate.
15. WORLD OF YAMAHA PRIVACY
15.3 You expressly consent to us collecting and processing your personal information when registering on this Website and using our services.
16.2 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.
17. ELECTRONIC COMMUNICATIONS
18. COMPLIANCE WITH SECTION 43(1) OF ECT ACT
In compliance with section 43(1) of the ECT Act, the following is noted:
18.1 Full name: Tuning Fork (Pty) Ltd t/a World of Yamaha
18.2 Registration number: 2010/001048/07
18.3 Physical address: 19 Eastern Service Road, Kelvin, Sandton, 2090
18.4 Telephone number: 011 259 7855
18.6 E-mail address: firstname.lastname@example.org
18.7 Names of office bearers: R. Van Rensburg
18.8 Registered at: Pretoria
19. COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com (in the case of World of Yamaha) or to the e-mail address you have provided to World of Yamaha (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, World of Yamaha may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to World of Yamaha. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
21. GENERAL CLAUSES
21.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
21.2 Country of domicile
This website is governed by the laws of South Africa and World of Yamaha chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
World of Yamaha
19 Eastern Service Road
21.3 This Website is controlled, operated and administered by World of Yamaha from its offices within the Republic of South Africa. World of Yamaha makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
21.4 World of Yamaha does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
21.5 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
21.6 World of Yamaha’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
21.7 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of World of Yamaha.
21.8 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
21.9 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
21.10 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
21.11 These Terms set forth the entire understanding and agreement between World of Yamaha and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.