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Conditions of Use

Conditions of Use

 

Welcome to MARS Music. MARS Music and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the MARS Music (www.marsmusiconline.co.za) website and/or registering to shop on MARS Music you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the MARS Music website to trade and that you agree to be bound by these terms and conditions.

 

Should you not agree to the terms and conditions stipulated you may not use the MARS Music website.

 

Your access to the MARS Music website and use of any services provided by MARS Music including any purchases made by you from MARS Music are subject to terms and conditions established under the following headings.

 

  • Terms of Use of MARS Music (www.marsmusiconline.co.za) Website
  • Terms of Trade with MARS Music
  • Privacy and Security Statement
  • Intellectual Property Statement
  • Dispute Resolution.
  • Compliance with statutory consumer protection provisions
  • Contact Information

 

Terms of Use of MARS Music (www.marsmusiconline.co.za) Website

 

MARS Music grants you a limited license to access and make personal use of the MARS Music website. You are not allowed to modify (other than page catching) the website or any portion thereof without the prior written consent of MARS Music.

 

This license does not permit any resale or commercial use of the MARS Music website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the MARS Music website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

 

The MARS Music website or any portion of the MARS Music website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of MARS Music.

 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MARS Music and our affiliates without prior written consent.

 

You may not use any meta tags or any other "hidden text" utilizing the MARS Music name or trademarks without the prior written consent of MARS Music. Any unauthorized use terminates the permission or license granted by MARS Music. 

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the MARS Music website so long as the link does not portray MARS Music, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MARS Music logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

 

MARS Music may provide links from the MARS Music website to other websites which may offer services to you. MARS Music is not responsible for evaluating the content or offerings made on these websites. MARS Music does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to MARS Music for any dealings with any other websites accessed through links provided by MARS Music and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE MARS Music WEBSITE IS PROVIDED BY MARS Music ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MARS Music, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARS Music WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARS Music WEBSITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, MARS Music ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARS Music DOES NOT WARRANT THAT THE MARS Music WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MARS Music ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. MARS Music WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MARS Music WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

IN NO EVENT SHALL MARS Music, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MARS Music WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF MARS Music, ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00. 

 

Applicable law 

 

The MARS Music website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with MARS Music.

 

 

TERMS OF TRADE WITH MARS MUSIC

 

Invitation to do business

 

The products or services which appear on the MARS Music website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to MARS Music. Only when MARS Music has accepted your offer and delivered the goods, will an enforceable agreement of sale be transacted. MARS Music can cancel the sale at any time at MARS Music`s absolute discretion.

 

The price of any products or services sold through MARS Music (www.marsmusiconline.co.za) shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will immediately notify the customer and offer them a full refund.

 

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the MARS Music website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with MARS Music. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

 

Place and time of agreement

 

Agreement as to the terms of use of the MARS Music website shall be deemed to have be accepted by you at the time that you first accessed the MARS Music website and thereafter confirmed each time that you access the MARS Music website.

 

Agreement to use the MARS Music website and those governing all transactions that may be effected using the MARS Music website shall be deemed to have taken place in Cape Town. 

 

All communications with MARS Music facilitated by the MARS Music website, the MARS Music call centre, or email communicated between you and MARS Music shall be deemed to have been received, in the case of communications initiated by MARS Music, when the communication leaves the MARS Music website or email server, and in the case of communications initiated by you, when it is received on the MARS Music website or email server. Acceptance by MARS Music of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the MARS Music premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted.

 

  • MARS Music can cancel any order at any time.
  • Orders will not be kept for longer than 2 weeks.
  • Returns on Software, Games, and DVDs will not be accepted if the product has been opened

 

Backorders

 

Due to the popularity of some products or services, MARS Music may not always have an products or services ordered by you in stock. MARS Music will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you is not in available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

 

Electronic communications

 

When you visit MARS Music or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. MARS Music will communicate with you by e-mail or by posting notices on the MARS Music website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the MARS Music website and transactions concluded using the MARS Music website, as well as your intent to enter into any transaction with MARS Music, may be evidenced by any action by you from which this may reasonably be inferred.

 

Registration

 

Before you may make an offer to purchase any of the products or services provided by MARS Music it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and MARS Music may take whatever legal action it deems necessary to obtain the appropriate relief. 

 

Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide MARS Music with, complete and accurate information about yourself and you warrant that the information provided is correct.

 

Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.

 

Password

 

Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the MARS Music website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

 

If you suspect that the confidentiality of your password has been compromised you should immediately advise MARS Music of this fact by email. MARS Music shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions. Termination or suspension of registration

 

If you are in breach of, or MARS Music (www.marsmusiconline.co.za) believes that you may breach, any of the terms and conditions governing the use of, or trading using the MARS Music website, MARS Music (www.marsmusiconline.co.za) may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.

 

Gift Voucher

 

All MARS Music issued gift vouchers are valid for one purchase only and expire 2 months from the date in which they are issued unless otherwise stated on the voucher.

 

  • A voucher can only be used once
  • A voucher cannot be used together with another voucher unless the customer has more than one "Rand" value gift voucher

 

What this means is that if a customer has a 10% gift voucher and a R100 gift voucher, the customer cannot combine the two vouchers. If the customer has two 10% gift vouchers, the customer cannot combine the two vouchers together. If the customer has two R50 gift vouchers, the customer can use them together 

 

If there are any queries about voucher use please email info@marsmusiconline.co.za

 

Transaction History

 

The transaction history may be accessed by a registered customer on the MARS Music website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, the MARS Music call centre details of which are available on the MARS Music website.

 

AMENDMENT TO TERMS AND CONDITIONS

 

MARS Music (www.marsmusiconline.co.za) may amend the terms and conditions governing access to the MARS Music (www.marsmusiconline.co.za) website as well as trade using the website. MARS Music (www.marsmusiconline.co.za) shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the MARS Music (www.marsmusiconline.co.za) website. If you do not agree with the amended terms you shall immediately give notice to MARS Music (www.marsmusiconline.co.za) of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions. 

 

Advertising and Printed Material 

 

While MARS Music makes every possible effort to ensure that all product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, MARS Music cannot be held responsible if any factual errors occur. Please check pricing and specifications on the MARS Music website for any changes. All prices are inclusive of VAT unless otherwise stated. All prices exclude delivery costs. E&OE

 

PRIVACY AND SECURITY STATEMENT

 

MARS Music knows that you care how your personal information may be collected, processed and used; we appreciate your trust that Mars Music will do so carefully and sensibly. This notice describes the MARS Music privacy policy. By visiting MARS Music, you are accepting the practices described in this Privacy and Security statement.

 

The information provided by you helps us personalize and continually improve your shopping experience at MARS Music. Here are the types of information we gather. 

 

Information You Give Us: We receive and store information you enter on the MARS Music website or that you may provide to MARS Music in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.

 

Automatic Information: MARS Music receives and stores certain types of information whenever you interact on the MARS Music website or communicate with MARS Music by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses MARS Music (www.marsmusiconline.co.za).

 

E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from (Name of website), if your computer supports such capabilities. 

 

By providing the information to MARS Music (www.marsmusiconline.co.za) you consent to MARS Music collecting maintaining, storing and processing the information, provided that MARS Music) shall:

 

  • not disclose your personal information to a third party other than to effect the transactions agreed to in using the MARS Music website without obtaining your express consent to do so;
  • only disclose your personal information, without your consent, if legally required to do so;
  • be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.

 

MARS Music shall own and retain all rights to non-personal statistical information compiled by it. 

 

While MARS Music and its affiliates shall take commercially reasonable care to safeguard the information provided by you to MARS Music from unauthorized access or disclosure, MARS Music does not represent or guarantee that the safeguards will provide absolute protection.

 

MARS Music shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.

 

INTELLECTUAL PROPERTY STATEMENT

 

Copyright in any information or trademarks displayed anywhere on the MARS Music website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by MARS Music, or by the original creator of the materials, or by suppliers and service providers to MARS Music. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by MARS Music or with the prior written permission MARS Music. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Mars Music website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

DISPUTE RESOLUTION

 

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa. 

 

For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. 

 

For the purposes of any arbitration: 

 

you choose the email address chosen by you in registering as a purchaser; and 

MARS Music chooses info@marsmusiconline.co.za 

 

By using the MARS Music website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

 

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

 

MARS Music (www.marsmusiconline.co.za) adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the MARS Music ( www.marsmusiconline.co.za) website, as well as the information required in terms of the Act, are provided for your reference.

 

Return of products or cancellation of service agreements

 

MARS Music shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements

 

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

 

  • any products and services are acquired by auction;
  • the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
  • to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
  • where the price of the products or services depends on fluctuation in financial markets beyond the control of MARS Music (www.marsmusiconline.co.za);
  • where the products are personalised or made to the customers specifications;
  • where the products are perishable or will expire rapidly;
  • where the products by reason of their nature cannot be returned;
  • if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
  • the sale of reading material in whatever form;
  • the provision of any gaming or lottery services;
  • the provision of accommodation, travel, transport, catering or leisure services if MARS Music (www.marsmusiconline.co.za) or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period 
  • Any software whether opened or not.

 

Competitions:

 

  • Prizes are not transferable and/or negotiable
  • Any violation or attempt to violate any of these rules will result in the immediate disqualification of all people involved
  • The judge’s decision is final and no correspondence will be entered into
  • The prize will be handed over to the winner within 30 working days after the selection/draw
  • By entering the competition you will be subscribed to MARS Music`s monthly newsletter base, in which you can unsubscribe at any time. Subscription to MARS Music’s weekly newsletter base means you will receive a regular marketing email from MARS Music.
  • By participating in any competition hosted partly or in whole by MARS Music, participants further agree to be bound by our internet terms and conditions which are set out on www.marsmusiconline.co.za
  • The winner agrees to co-operate with the company in participating in any public relations exposure. 
  • Winners will have to verify identities, in person, by presenting a valid South African identity document or valid driver’s license
  • The competition is only open to South African citizens and proof of citizenship will need to be presented by way of either a valid South African identity document of valid driver’s license
  • You may enter the competition as many times as you want to but you may not use any automated system to enter the competition.
  • You will not enter people’s names in the referral who you know to have expressed not wanting to receive the competition email.
  • You will only enter email addresses that you know to be valid for your referrals.
  • The competition end date will be communicated under the terms and conditions of the competition page and/or in the competition itself

 

Customers obligations on return of products and services

 

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that they may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to MARS Music or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by MARS Music or its agents, to the customer as well as a written indication of the customer’s choice and reason to cancel the transaction.

 

The customer shall refund to MARS Music) all direct expenses incurred by MARS Music or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by MARS Music or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

 

If the return is needed as a result of manufacturing fault, damage, defect, or our mistake, MARS Music offer a full refund or exchange and we pay the shipping charges - both to have your item sent back to us, and to send you a replacement item.

 

In the case of an outright return for refund, you are responsible for return shipping of the product you are returning and we do not credit the original shipping charges toward the exchange. Items returned for this reason are subject to 15% bank costs, restock and handling fees.

 

No return on any software purchased received by the client.

 

No refunds will be issued on opened, used or registered software.

 

Please enquire about the product and availability before any purchases. To return or cancel a product, please complete the following Return and cancellation Request Form. Receipts must be kept for refunds and exchanges. 

 

MARS Music’s obligations on return of the products and services

 

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, MARS Music or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to MARS Music as provided for above. 

 

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

 

Full name and legal status of website owner: MARS Music is the trading name and is wholly owned by Mars Music (registration number 2005/018174/07) a close corporation duly incorporated in terms of the laws of South Africa.

 

Registered Office: 65 Buitengracht Street, Cape Town, 8001 

Physical Address: 65 Buitengracht Street, Cape Town, 8001 

 

Telephone Number: (021) 426 6325

Website address : www.marsmusiconline.co.za 

E-Mail address: info@marsmusiconline.co.za 

 

Address for service of all legal documents: same 

 

Description of Services: MARS Music (www.marsmusiconline.co.za) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the MARS Music website .

 

Price of goods: Prices are displayed in the website and are subject to MARS Music rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the MARS Music website are inclusive of Value Added Tax. Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.

 

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the MARS Music) website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

 

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the MARS Music website shall be indicated at the time that any order is accepted by MARS Music.

 

Transaction records and history: A full record of transactions effected using MARS Music) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by MARS Music or its agents. You may access this history as provided for under the clause Transaction History above.

 

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above. Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

 

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the MARS Music (www.marsmusiconline.co.za) website. All agreements shall endure indefinitely subject to either parties’ rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.