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Privacy Policy
1. We respect your privacy and will take reasonable measures to protect it, as more
fully detailed below.
2. Should you decide to register as a user on the Website, we may require you to
provide us with personal information which includes but is not limited to –
1. your name and surname;
2. your email address;
3. your physical address;
4. your gender;
5. your mobile number; and
6. your date of birth.
3. Should your personal information change, please inform us and provide us with
updates to your personal information as soon as reasonably possible to enable us to
update your personal information.
4. You may choose to provide additional personal information to us, in which event
you agree to provide accurate and current information, and not to impersonate or
misrepresent any person or entity or falsely state or otherwise misrepresent your
affiliation with anyone or anything.
5. TV Mall will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
1. in relation to the ordering, sale, and delivery of Goods;
2. to contact you regarding current or new Goods or services or any
other goods offered by us or any of our divisions and/or partners
(unless you have opted out from receiving marketing material from
us);
3. to inform you of new features, special offers and promotional
competitions offered by us or any of our divisions and/or partners
(unless you have opted out from receiving marketing material from
us); and
4. to improve our product selection and your experience on our
Website by, for example, monitoring your browsing habits or
tracking your sales on the Website; or
2. disclose your personal information to any third party other than as set out
below:
1. to our employees and/or third-party service providers who assist us
to interact with you via our Website, email or any other method, for
the ordering of Goods or when delivering Goods to you, and thus
need to know your personal information in order to assist us to
communicate with you properly and efficiently;
2. to our divisions and/or partners (including their employees and/or
third-party service providers) in order for them to interact directly
with you via email or any other method for purposes of sending you
marketing material regarding any current or new goods or services,
new features, special offers or promotional items offered by them
(unless you have opted out from receiving marketing material from
us);
3. to law enforcement, government officials, fraud detection agencies
or other third parties when we believe in good faith that the
disclosure of personal information is necessary to prevent physical
harm or financial loss, to report or support the investigation into
suspected illegal activity, or to investigate violations of these Terms
and Conditions;
4. to our service providers (under contract with us) who help with
parts of our business operations (fraud prevention, marketing,
technology services etc). However, our contracts dictate that these
service providers may only use your information in connection with
the services they perform for us and not for their own benefit;
5. to our suppliers in order for them to liaise directly with you
regarding any faulty Goods you have purchased which requires their
involvement; and
6. to any Third-Party Seller for purposes of sending you an invoice for
any Goods purchased from such Third Party Seller, which disclosed
information will be limited to your email address (refer to clause 13
above).
3. We are entitled to use or disclose your personal information if such use or
disclosure is required in order to comply with any applicable law, subpoena,
order of court or legal process served on us, or to protect and defend our
rights or property. In the event of a fraudulent online payment, TV Mall is
entitled to disclose relevant personal information for criminal investigation
purposes or in line with any other legal obligation for disclosure of the
personal information which may be required of it.
4. We will ensure that all of our employees, third party service providers,
divisions and partners (including their employees and third-party service
providers) having access to your personal information are bound by
appropriate and legally binding confidentiality obligations in relation to your
personal information.
5. Ratings and Reviews: When you provide a rating or review of a Product, you
consent to us using that rating or review as we deem fit, including without
limitation on the Website, in newsletters or other marketing material. The
name that will appear next to that rating or review is your First Name, as
you would have provided upon registration. If you do not agree to this,
please do not put any ratings or reviews on the Website. We will not display
your Last Name, nor any of your contact details, with a rating or review.
6. We will –
1. treat your personal information as strictly confidential, save where
we are entitled to share it as set out in this policy;
2. take appropriate technical and organisational measures to ensure
that your personal information is kept secure and is protected
against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access;
3. provide you with access to your personal information to view and/or
update personal details;
4. promptly notify you if we become aware of any unauthorised use,
disclosure or processing of your personal information;
5. provide you with reasonable evidence of our compliance with our
obligations under this policy on reasonable notice and request; and
6. upon your request, promptly return or destroy any and all of your
personal information in our possession or control, save for that
which we are legally obliged to retain.
7. We will not retain your personal information longer than the period for
which it was originally needed, unless we are required by law to do so, or
you consent to us retaining such information for a longer period.
8. TV Mall undertakes never to sell or make your personal information
available to any third party other than as provided for in this policy.
9. Whilst we will do all things reasonably necessary to protect your rights of
privacy, we cannot guarantee or accept any liability whatsoever for
unauthorised or unlawful disclosures of your personal information, whilst
in our possession, made by third parties who are not subject to our
control, unless such disclosure is as a result of our gross negligence.
10. If you disclose your personal information to a third party, such as an entity
which operates a website linked to this Website or anyone other than TV
Mall, TV MALL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE,
HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE
DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because
we do not regulate or control how that third party uses your personal
information. You should always ensure that you read the privacy policy of
any third party.
11. This website makes use of “cookies” to automatically collect information
and data through the standard operation of the Internet servers. “Cookies”
are small text files a website can use (and which we may use) to recognise
repeat users, facilitate the user’s ongoing access to and use of a website and
allow a website to track usage behaviour and compile aggregate data that
will allow the website operator to improve the functionality of the website
and its content, and to display more focused advertising to a user by way of
third-party tools. The type of information collected by cookies is not used to
personally identify you. If you do not want information collected through
the use of cookies, there is a simple procedure in most browsers that allow
you to deny or accept the cookie feature. Please note that cookies may be
necessary to provide you with certain features available on our Website, and
thus if you disable the cookies on your browser you may not be able to use
those features, and your access to our Website will therefore be limited. If
you do not disable “cookies”, you are deemed to consent to our use of any
personal information collected using those cookies, subject to the
provisions of this clause 11.
6. Changes to these Terms and Conditions
1. TV Mall may, in its sole discretion, change any of these Terms and
Conditions at any time. It is your responsibility to regularly check these
Terms and Conditions and make sure that you are satisfied with the
changes. Should you not be satisfied, you must not place any further orders
on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change
is displayed on the Website. If you use the Website after such amended
Terms and Conditions have been displayed on the Website, you will be
deemed to have accepted such changes.
7. Electronic communications
1. When you visit the Website or send emails to us, you consent to receive
communications from us or any of our divisions or partners electronically in
accordance with our privacy policy as set out in clause 12 above.
8. Ownership and copyright
1. The contents of the Website, including any material, information, data,
software, icons, text, graphics, layouts, images, sound clips, advertisements,
video clips, trade names, logos, trade-marks, designs and service marks
which are displayed on or incorporated in this Website (“Website Content”)
are protected by law, including but not limited to copyright and trademark
law. The Website Content is the property of TV Mall, its advertisers and/or
sponsors and/or is licensed to TV Mall.
2. You will not acquire any right, title or interest in or to the Website or the
Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited
unless expressly authorised in terms of these Terms and Conditions or
otherwise provided for in law. To obtain permissions for the commercial use
of any Website Content contact us via info@tvmall.co.za.
4. Where any of the Website Content has been licensed to TV Mall or belongs
to any third party, your rights of use will also be subject to any terms and
conditions which that licensor or third party imposes from time to time and
you agree to comply with such third-party terms and conditions.
9. Disclaimer
1. The use of the Website is entirely at your own risk and you assume full
responsibility for any risk or loss resulting from the use of the Website or
reliance on any information on the Website.
2. Whilst TV Mall takes reasonable measures to ensure that the content of the
Website is accurate and complete, TV Mall 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 TV Mall’s
representatives, TV Mall shall not be bound thereby.
3. TV Mall disclaims liability for any damage, loss or expenses, whether
direct, indirect or consequential in nature, arising out of or in connection
with your access to or use of the Website and/or any content therein
unless otherwise provided by law.
4. Although Goods sold from the Website may, under certain specifically
defined circumstances, be under warranty, the Website itself and all
information provided on the Website is provided “as is” without warranty
of any kind, either express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose,
completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not
necessarily the views of TV Mall, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and
Conditions, TV Mall also makes no warranty or representation, whether
express or implied, that the information or files available on the Website
are free of viruses, spyware, malware, trojans, destructive materials or any
other data or code which is able to corrupt, destroy, compromise, disrupt,
disable, harm, jeopardise or otherwise impede in any manner the
operation, stability, security functionality or content of your computer
system, computer network, hardware or software in any way. You accept
all risk associated with the existence of such viruses, destructive materials
or any other data or code which is able to corrupt, compromise,
jeopardise, disrupt, disable, harm or otherwise impede in any manner the
operation or content of a computer system, computer network, any
handset or mobile device, or your hardware or software, save where such
risks arise due to the gross negligence or willful misconduct of TV Mall, its
employees, agents or authorised representatives. TV Mall thus disclaims
all liability for any damage, loss or liability of any nature whatsoever
arising out of or in connection with your access to or use of the Website.
10. Linking to third party websites
1. This Website may contain links or references to other websites (“Third Party
Websites”) which are outside of our control, including those of advertisers.
These Terms and Conditions do not apply to those Third-Party Websites and
TV Mall is not responsible for the practices and/or privacy policies of those
Third /-Party Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to
Third Party Websites, your use of such Third-Party Websites is entirely at
your own risk and we are not responsible for any loss, expense, claim or
damage, whether direct, indirect or consequential, arising from your use of
such Third-Party Websites or your reliance on any information contained
thereon.
11. Limitation of liability
1. TV Mall cannot be held liable for any inaccurate information published on
the Website and/or any incorrect prices displayed on the Website, save
where such liability arises from the gross negligence or willful misconduct
of TV Mall, its employees, agents or authorised representatives. You are
encouraged to contact us to report any possible malfunctions or errors at
TV MAll SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE
FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT
CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE,
AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED
THIRD-PARTY WEBSITE.
2. YOU HEREBY INDEMNIFY TV MALL AGAINST ANY LOSS, CLAIM OR DAMAGE
WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN
ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD -
PARTY WEBSITE.
12. Availability and termination
1. We will use reasonable endeavors to maintain the availability of the
Website, except during scheduled maintenance periods, and are entitled to
discontinue providing the Website or any part thereof with or without
notice to you.
2. TV Mall may in its sole discretion terminate, suspend and modify this
Website, with or without notice to you. You agree that TV Mall will not be
liable to you in the event that it chooses to suspend, modify or terminate
this Website other than for processing any orders made by you prior to
such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and
Conditions, including any incident involving payment of the price of an
order for any Goods, this may (in our sole discretion with or without notice
to you) lead to a suspension and/or termination of your access to the
Website without any prejudice to any claims for damages or otherwise
that we may have against you.
4. TV Mall is entitled, for purposes of preventing suspected fraud and/or
where it suspects that you are abusing the Website and/or have created
multiple user profiles to take advantage of a promotion or Coupon
intended by TV Mall to be used once-off by you, to blacklist you on its
database (including suspending or terminating your access to the
Website), refuse to accept or process payment on any order, and/or to
cancel any order concluded between you and TV Mall, in whole or in part,
on notice to you. TV Mall shall only be liable to refund monies already paid
by you (see TV Mall’s Returns Policy in this regard), and accepts no other
liability which may arise as a result of such blacklisting and/or refusal to
process any order.
5. At any time, you can choose to stop using the Website, with or without
notice to TV Mall.
13. Governing law and jurisdiction
1. These Terms and Conditions and our relationship and/or any dispute arising
from or in connection with these Terms and Conditions shall be governed
and interpreted in accordance with the laws of the Republic of South Africa.
Your continued use of the Website will constitute your consent and
submission to the jurisdiction of the South African courts regarding all
proceedings, transactions, applications or the like instituted by either party
against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and TV Mall, you hereby
consent to the non-exclusive jurisdiction of the High Court of the Republic of
South Africa (Gauteng Division, Johannesburg) notwithstanding that the
quantum in the action or proceedings may otherwise fall below the
monetary jurisdiction of that court.
3. Nothing in this clause 22 or the Terms and Conditions limits your right to
approach any court, tribunal or forum of competent jurisdiction in terms of
the CPA.
14. Notices
1. TV Mall hereby selects 111 Central Street, Houghton, Johannesburg as its
address for the service of all formal notices and legal processes in
connection with these Terms and Conditions (“legal address”). TV Mall may
change this address from time to time by updating these Terms and
Conditions.
2. You hereby select the delivery address specified with your order as your
legal address, but you may change it to any other physical address by giving
TV Mall not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, telefax or
email and must be in English. All notices sent –
1. by hand will be deemed to have been received on the date of
delivery;
2. by prepaid registered post, will be deemed to have been received 10
days after the date of posting;
3. by telefax before 16h30 on a business day will be deemed to have
been received, on the date of successful transmission of the telefax.
All telefaxes sent after 16h30 or on a day which is not a business day
will be deemed to have been received on the following business
day, and
4. by email will be deemed to have been on the date indicated in the
“Read Receipt” notification. ALL EMAIL COMMUNICATIONS
BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT”
FUNCTION to serve as proof that an email has been received.
4. Complaints
1. We are a participant under the Consumer Goods and Services
Industry Code and are bound by it. An electronic copy of this Code is
available at http://www.cgso.org.za/downloads/. If you have a
complaint about the goods or services provided by us or require
information regarding our internal complaints-handling process,
please get in touch with us via info@tvmall.co.za or you can contact
our call centre on 011 788 6828
2. If we don’t resolve your complaint within 15 (fifteen) business days
of you having notified us of it, you are entitled to approach the
Consumer Goods and Services Ombud (“CGSO”), to assist in
resolving the dispute. The CGSO’s contact details
are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
Email: complaints@cgso.org.za