Terms & Conditions
TERMS AND CONDITIONS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
2. Service Marks
"Eastern Acoustics", "Making Waves" and others are our service marks and/or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners and dealers.
3. Errors, Corrections and Changes
We may make changes to the pricing, features, functionality or content of the Site at any time without notice to you. We do not represent or warrant that the product information, pricing, or other information available on or through the Site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site.
If you place an order for item(s) that were mispriced, your Sales agent in most cases will notify you. We apologize for the inconvenience. Please understand that we reserve the right to cancel any order for any reason at any time.
4. Linking to the Site
You may provide links to the Site, subject to our approval, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Certain sections of, and/or offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
6. Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
7. Use of Information
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by you or your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Furthermore we also offer a Bank Transfer payment method in addition to the use of Credit cards, and this needs to be arranged with the Sales agent. No products/purchases will be released for delivery until payment has been received, or an arrangement has been agreed upon between Eastern Acoustics and you.
9. Links to other Web Sites
The Site may at times contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
10. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Eastern Acoustics the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our company for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to email@example.com
11. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
12. Restrictions and Prohibitions on Use
13. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Cape Town, South Africa, and shall be governed by and construed in accordance with the laws of the Republic Of South Africa (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. We may automatically assign this Agreement and all incorporated agreements and your information in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the Republic Of South Africa. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cape Town, South Africa, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Cape Town, South Africa necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.
21. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being entirely accurate, and provided or endorsed by us.
22. Returns, Refund or Exchange Policy
At Eastern Acoustics, the products purchased is highly specialized and based on individual customer requirements and returns will only be accepted in the case of a factory fault. The product will be assessed and in the case of a confirmed factory fault, the product will either be repaired or replaced at no cost to you by the manufacturer under the specified guarantee and/or warranty.
In the case of a repair, we will be able to assist in having the unit repaired by the manufacturer, or in most cases by our in-house technician. All costs will be discussed with you and agreed upon before the repair will be authorized and actioned by the sales team.
Refunds and Exchanges As the products purchased is highly specialized and based on individual customer requirements refunds or exchanges will not be possible. We will however assist customers where we can to resell the products purchased erroneously.
24. Acceptance of Agreement
25. Detailed description of goods and/or services
Eastern Acoustics is a business in the AV, Lighting and Sound industry that supplies sound equipment and services to clients nationally and internationally.
26. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 14 days and delivery conﬁrmed by way Purchase Order. (for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)
27. Export restriction
The offering on this website is available to South African clients only.
28. Return and Refunds policy
The provision of goods and services by Eastern Acoustics is subject to availability. In cases of unavailability, Eastern Acoustics will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% administration fee. (If appropriate – provide details of your policy regarding damaged goods. Also mention guarantees, warranties, etc.)
Eastern Acoustics shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be deﬁned as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
30. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Eastern Acoustics bank account, the details of which will be provided on request.
31. Card acquiring and security
Card transactions will be acquired for Eastern Acoustics via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. 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.
32. Customer details separate from card details
Customer details will be stored by Eastern Acoustics separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
33. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Eastern Acoustics takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
35. Country of domicile
This website is governed by the laws of South Africa and Eastern Acoustics 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, Unit 9, 1 Londonderry Road, Royal Cape Business Park, Ottery, Cape Town, 7800.
Eastern Acoustics may, in its sole discretion, change this agreement or any part thereof at any time without notice.
37. Company information
This website is run by Eastern Acoustics ( private company ) based in South Africa trading as Eastern Acoustiics and with registration number 015/055875/07
and Akbar Khan, Rashieda Khan, Begum Khan and Zawied Essop are (Director(s)Owner(s)).
38. Eastern Acoustics contact details Company Physical Address: Unit 9, 1 Londonderry Road, Royal Cape Business Park, Ottery, Cape Town, 7800.
Telephone: 021 797 9540