Entering into the Agreement
You have agreed to let us provide you with the Services, on certain terms and conditions. This document records the additional terms and conditions of the supply of the Services to you.
The terms and conditions agreed during the above mentioned telephone conversation and the terms and conditions recorded in this document constitute the entire agreement regarding the provision of the Services to you.
We have defined some of the words which have particular meanings in clause 12 of the Agreement.
If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at email@example.com and we will contact and assist you.
We may from time to time amend these terms and conditions. Should we do so, we will notify you.
Duration and Termination
We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
Either you or us may, for any reason, terminate the Agreement by giving each other 20 Business Days' written notice. Any notice by you to terminate the Agreement must be sent to firstname.lastname@example.org.
If you terminate the Agreement we will have the right to keep any money paid by you in advance, but subject to restrictions applied by law.
We will take all reasonable steps within our control to provide you with the Services.
The Services can only be accessed via an internet connection.
We cannot always guarantee that the Services will be fault-free. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.
The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
Payment for the Services
You shall pay all amounts due under this Agreement by way of a monthly debit order.
You have authorised us to collect payment for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month’s subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.
You cannot cancel your monthly debit order without our prior written consent.
If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
Changes in price
We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement on 20 Business Days' notice
Failure to pay for the Services
If you do not pay for the Services in full and on time, via the debit order, or any other payment method, you will be in breach of the Agreement and we may cease providing you with the Services, and can implement the provisions of clause 10.
This clause 7 shall apply if you are a My Music Customer or a My Society Customer.
The Vouchers may only be redeemed at So Music.
Voucher is valid for only 36 months from the date that the Voucher is sent to you and a Voucher cannot be redeemed once the 36 month period has elapsed.
You may accumulate Vouchers, however only 1 Voucher may be used per payment transaction. (For example, you may not accumulate 2 R100 Vouchers to purchase a R150 CD. For such a transaction, you may use 1 Voucher and will need to pay the balance in cash, via one of the payment options offered during checkout.)
The Vouchers may only be redeemed for CDs, DVDs and electronic games, but may not be redeemed for any related electronic hardware such as playback, audio or visual devices.
Purchases on So Music
An order will only be accepted upon payment in full of the total purchase price of a particular order, by way of cash, the redemption of a Voucher or a combination of both.
We will accept your order, and confirm acceptance of your order, by way of an email confirmation to you which will specify the items ordered, the purchase price paid and your nominated delivery address. If there are any inaccuracies in the confirmation email, you must notify us within 24 hours via email at email@example.com otherwise your order will be processed in accordance with the confirmation email.
We may reject or cancel any orders, in part or entirely, where we are unable to procure and deliver the item/s ordered. You will be notified of such a rejection or cancellation via email.
Prices on our website are inclusive of VAT.
We try to update the prices, items for sale, stock quantities and the like displayed on our website as soon as those values change, but it is impossible for us to do so immediately upon the change. Accordingly, there may be a difference, for example, between a price displayed on our website as opposed to the actual selling price of an item. If you have placed an order for an item where the price displayed on the website is different from the actual price, we will notify you via email of the difference in price and give you the opportunity to accept and pay the difference in price or cancel the order.
Payment for items purchased on So Music
Payment can be made using an authorised credit card, the redemption of a Voucher or a combination of both. Payment via EFT is also an option however deliveries will not be dispatched until proof of payment has been sent to, received and processed by our support agents at firstname.lastname@example.org.
Credit card payments will be made via a payment gateway facilitated by PayGate (Pty) Ltd. Your credit card details will not be stored by us. You may view PayGate (Pty) Ltd’s security certificate and security policy at www.paygate.co.za
This site as well as the So Music software are the exclusive property of So Music, whose registered offices are Liberty Towers, 214 Doctor Pixley Kaseme Street, Durban, 4000.
Delivery and Returns
You may not order more than 5 items per order.
If you are a My Music Customer then the delivery of all orders purchased is free.
If you are a My Society Customer then delivery of orders is charged at a rate of R45 per delivery, save for the first 3 months of your Subscription during which delivery shall be free.
If you are not a My Music Customer or a My Society Customer then delivery shall be charged at a rate of R45 per delivery.
All items are delivered by courier to your nominated delivery address which address must be situated within the Republic of South Africa and which address cannot be a post office or a P.O. Box.
Delivery of items in stock usually takes between 3 to 4 working days, but we cannot guarantee this.
If an item is out of stock, it may take up to 21 working days for your order to be delivered, but we cannot guarantee this.
We will only dispatch your order once all items ordered are in stock.
If any of the items delivered are damaged or are not the items ordered, we will either exchange or refund the damaged or incorrect items if you notify us in writing at email@example.com within 7 days of the delivery of the order. If you do not notify us within 7 days of delivery, we will not be liable to exchange or refund any damaged or incorrect items.
We may, at our election, either replace a damaged or incorrect item or refund you the purchase price of same.
We have a complaints department which is used to resolve disputes when they first arise. If you have a complaint, please contact the customer service department at firstname.lastname@example.org.
Information and disclosure
In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
You warrant and guarantee that all information supplied to us is true and correct.
Should your address, or any other information which you have given to us, change you must inform us of the change immediately in writing to email@example.com.
Indemnity and waiver
The Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
You indemnify us, our employees and agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.
In the event that you breach the Agreement we have the right to:
enforce the Agreement; or
terminate the Agreement.
Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.
You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within 5 Business Days' after the date on which the Agreement was concluded.
"the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
"Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
"the Services" means the value added service which we call So Music (Pty) Ltd, which gives you the discounts and benefits, to which we referred during our telephone conversation, and which are more fully described on our Website at www.somusic.co.za.
"Service Provider" means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;
"My Music Customer" means a customer who is registered for the My Music Subscription;
"My Society Customer" means a customer who is registered for the My Society Subscription;
"So Music" means our online store, located at the Website, at which you can purchase CDs, DVDs, electronic games and related electronic hardware;
"Subscription" means a subscription with us as a My Music Customer or a My Society Customer, which entitles you to receive the Services;
"the Services" means the provision by us to you of a Voucher, to the value of R100, per month;
"Vouchers" means electronic vouchers, issued by us, of a specified monetary value which may be redeemed at So Music for the purchase of certain items listed for sale on So Music
"we", "us" and "our" mean So Music (Pty) Ltd, the proprietor of which is Ignition Telecoms Investments (PTY) Ltd, its affiliates, subsidiaries or its successors-in-title;
"Website" means www.somusic.co.za
"you" and/or "your" means you the customer who applies for and receives the Services.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.