Terms and Conditions
Use of this website constitutes acceptance of the Terms of Use for this Agreement. Audio Motive Distributors South Africa is the Parent company with licensed Brand rights to Rockford Fosgate Products. www.audiomotive.co.za
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Audio Motive Distributors (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Rockford Fosgate South Africa website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of South Africa, international copyright laws, and international conventions.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
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You have the legal capacity and you agree to comply with these Terms of Use;
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You are not a minor in the jurisdiction in which you reside;
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You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
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You will not use the Site for any illegal or unauthorized purpose; and
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Your use of the Site will not violate any applicable law or regulation, including the Consumer Protection Act (CPA).
4. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
In accordance with the laws of the Republic of South Africa, we will make reasonable efforts to ensure accuracy; however, Audio Motive Distributors remains the final authority on product specifications and South African pricing.
5. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
6. GOVERNING LAW
These Terms shall be governed by and defined following the laws of the Republic of South Africa. Audio Motive Distributors and yourself irrevocably consent that the High Court of South Africa (KwaZulu-Natal Division) shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
7. DISPUTE RESOLUTION
Binding Arbitration: Any dispute arising out of or in connection with this contract shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act of South Africa.
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The number of arbitrators shall be one (1).
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The seat, or legal place, of arbitration shall be Pietermaritzburg, South Africa.
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The language of the proceedings shall be English.
8. USER DATA & PRIVACY
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. All personal data is processed in accordance with the Protection of Personal Information Act (POPIA) of South Africa. Please refer to our Privacy Policy for details on how we protect your information.
9. DISCLAIMER & LIMITATIONS OF LIABILITY
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.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. SOUTH AFRICAN LAWS (INCLUDING THE CONSUMER PROTECTION ACT) MAY PROVIDE YOU WITH ADDITIONAL RIGHTS THAT CANNOT BE EXCLUDED BY THIS DISCLAIMER.
10. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Audio Motive Distributors Email: reception@audiomotive.co.za
Phone: +27 33 347 3470