This website can be
accessed at www.swisstv.co.za, related
mobi-sites and software applications (the “Website”) and is
owned and operated by Swiss TV Satellite (Proprietary) Limited (“Swiss TV”, “we”, “us” and “our”).
These Website Terms
and Conditions (“Terms and Conditions”) govern the
ordering, sale and delivery of Goods, and the use of the Website.
These Terms and
Conditions are binding and enforceable against every person that accesses or
uses this Website (“you”, “your” or “user”), including without limitation each user who
registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button
on the Website, as may be applicable, you acknowledge that you have read and
agree to be bound by these Terms and Conditions.
The Website enables
you to shop online for an extensive range of goods including sport, home and
kitchenware, baby and toddler products, electronics, health and beauty
products, movies and TV, gaming, books, eBooks, music, toys, pet supplies, and
more (“Goods”).
Swiss TV allows
third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Swiss TV will indicate on
relevant product pages and checkout pages when Goods are for sale by a Third
Party Seller. Certain terms in these Terms and Conditions only apply to
purchases from Third Party Sellers, and others only apply to purchases from Swiss
TV. This will be made clear in the relevant clause.
Important Notice
These Terms and
Conditions apply to users who are consumers for purposes of the Consumer
Protection Act, 68 of 2008 (the “CPA”).
These Terms and
Conditions contain provisions that appear in similar text and style to this
clause and which –
may limit the risk
or liability of Swiss TV or a third party; and/or
may create risk or
liability for the user; and/or
may compel the user
to indemnify Swiss TV or a third party; and/or
serves as an
acknowledgement, by the user, of a fact.
Your attention is
drawn to these Terms and Conditions because they are important and should be
carefully noted.
If there is any provision in these Terms and Conditions that you do not
understand, it is your responsibility to ask Swiss TV to explain it to you
before you accept the Terms and Conditions or continue using the Website. If
you are unfamiliar with eBooks, please pay particular attention to clause 10
below, which describes the nature, functionality, usage rights and delivery of
eBooks.
Nothing in these Terms and Conditions is intended or must be understood
to unlawfully restrict, limit or avoid any right or obligation, as the case may
be, created for either you or Swiss TV in terms of the CPA.
Swiss TV permits the use of this Website subject to the Terms and
Conditions. By using this Website in any way, you shall be deemed to have
accepted all the Terms and Conditions unconditionally. You must not use this
Website if you do not agree to the Terms and Conditions.
Returns
Please refer to our Returns Policy for more information about returning
products (and related refunds, replacements or repairs). The Returns
Policy is incorporated by reference (which means that it forms part of these
Terms and Conditions).
Registration and
use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password
and provide certain information and personal details to Swiss TV. You will need
to use your unique username and password to access the Website in order to
purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and
password whenever ordering Goods, failing which you will be denied access.
You agree that, once
the correct username and password relating to your account have been entered,
irrespective of whether the use of the username and password is unauthorised or
fraudulent, you will be liable for payment of such order, save where the order
is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Swiss TV immediately upon becoming aware of or
reasonably suspecting any unauthorised access to or use of your username and
password and to take steps to mitigate any resultant loss or harm.
By using the
Website you warrant that you are 18 (eighteen) years of age or older and of
full legal capacity. If you are under the age of 18 (eighteen) or if you are
not legally permitted to enter into a binding agreement, then you may use the
Website only with the involvement and supervision of your parent or legal
guardian. If your parent or legal guardian supervises you and gives his/her
consent, then such person agrees to be bound to these Terms and Conditions and
to be liable and responsible for you and all your obligations under these Terms
and Conditions.
You agree that you will not in any way use any device, software or other
instrument to interfere or attempt to interfere with the proper working of the
Website. In addition, you agree that you will not in any way use any robot,
spider, other automatic device, or manual process to monitor, copy, distribute
or modify the Website or the information contained herein, without the prior
written consent from an authorised Swiss TV representative (such consent is
deemed given for standard search engine technology employed by Internet search
websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory,
offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise
use the Website and/or the information contained therein without the express
prior written consent of an authorised Swiss TV representative.
Conclusion of sales
and availability of stock
Registered users may place orders for Goods, which Swiss TV or the Third
Party Seller may accept or reject. Whether or not Swiss TV or the Third Party
Seller accepts an order depends on the availability of Goods, correctness of
the information relating to the Goods (including without limitation the price)
and receipt of payment or payment authorisation by Swiss TV for the Goods.
NOTE: Swiss TV or
the Third Party Seller will indicate the acceptance of your order by delivering
the Goods to you or allowing you to collect them, and only at that point will
an agreement of sale between you and Swiss TV or the Third Party Seller come
into effect (the “Sale”). This is regardless of any communication from Swiss
TV stating that your order or payment has been confirmed. Swiss TV will
indicate the rejection of your order (by Swiss TV itself or the Third Party
Seller) by cancelling it and, as soon as possible thereafter, refunding you for
any amount already paid.
Prior to delivery
or your collection of the Goods, you may cancel an order at any time provided
you do so before receiving a dispatch or delivery notice. After delivery or
your collection of the Goods, you may return the Goods only in accordance with
the Returns Policy.
Any order of
a television will be subject to the condition that
we obtain from you your valid TV licence number and your account holder ID. If
we do not receive your TV licence number and your account holder ID, or your TV
licence number cannot be validated, you will not be able to check out with the
television in your shopping basket.
Placing Goods in a wishlist or shopping basket without completing the
purchase cycle does not constitute an order for such Goods, and as such, Goods
may be removed from the shopping basket if stock is no longer available
or the price thereof might change without notice to you. You cannot hold Swiss
TV or the Third Party Seller liable if such Goods are not available or are not
available at the particular price when you complete or attempt to complete the
purchase cycle at a later stage.
You acknowledge
that stock of all Goods on offer is limited and that pricing may change at any
time without notice to you. In the case of Goods for sale by Swiss TV, Swiss TV
will take all reasonable efforts to monitor stock levels and ensure that when
stock is no longer available, that offers thereof are discontinued on the
Website. However, we cannot guarantee the availability of stock. When Goods are
no longer available after you have placed an order, Swiss TV will notify you
and you will be entitled to a refund of any amount already paid by you for such
Goods.
In the case of
Goods for sale by a Third Party Seller, Swiss TV relies on inventory
information supplied by the relevant Third Party Seller and Swiss TV accordingly
bears no liability for any inaccuracies in the information supplied to it. Consequently,
should you order any Goods from a Third Party Seller which are in fact
sold-out, any resulting dispute should be resolved between you and the relevant
Third Party Seller, your respective rights and obligations being as set out in
these Terms and Conditions.
Certain Goods may not be purchased for re-sale. Should we suspect that
any such Goods are being purchased for sale, we are entitled to cancel your
order immediately on notice to you.
Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which
are incorporated by reference.
Payment
We are committed to providing secure online payment facilities. All
transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by Swiss TV or a Third Party Seller,
payment can be made for Goods via –
debit card;
credit card: where
payment is made by credit card, we may require additional information in order
to authorise and/or verify the validity of payment. In such cases we are
entitled to withhold delivery until such time as the additional information is
received by us and authorisation is obtained by us for the amounts. If we do
not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card
supplied for purposes of paying the Goods. You also warrant that your credit
card has sufficient available funds to cover all the costs incurred as a result
of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct
bank deposit or electronic funds transfer, payment must be made within 5 (five)
days of placing your order. Swiss TV will not accept your order if payment has
not been received;
Instant EFT;
cash on delivery
(except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you
undertake to ensure that you have the exact cash on hand at the time of
delivery.
eBucks;
Discovery Miles;
MasterPass;
Swiss TV Vouchers;
Sbux; and
Mobicred.
The above payment
options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
You may contact us
via our Help page to obtain a full record of your payment.
We will also send you email communications about your order and payment.
Once you have selected your payment method (save for cash on delivery or
direct bank deposit), you will be directed to a link to a secure site for
payment of the applicable purchase price for the Goods.
Delivery of goods
Swiss TV offers 2 (two) methods of delivery of Goods to you. You may
elect delivery via:
courier; or
self-collection.
For more
information about delivery, please see our FAQs: Shipping
and Delivery, which are incorporated into these Terms by reference.
Our delivery charges are subject to change at any time, without prior notice to
you, so please check the FAQs for the most up-to-date information. You will see
the applicable delivery charges in your cart when you check out.
Where it accepts your order, Swiss TV or the Third Party Seller will
deliver the Goods to you as soon as reasonably possible, but no later than 30
(thirty) days of receipt of your payment (“Delivery Period”). We will notify
you if we are unable to deliver the Goods during the Delivery Period. You may
then, within 7 (seven) days of receiving such notification elect whether or not
to cancel your order for the Goods. If you elect to cancel your order, we will
reimburse you for the purchase price.
Swiss TV’s
obligation to deliver a product to you is fulfilled when we deliver the product
to the physical address nominated by you for delivery of the order. Swiss TV is not responsible for any loss or unauthorised use of a
product, after it has delivered the product to the physical address nominated
by you.
Errors
We shall take all
reasonable efforts to accurately reflect the description, availability,
purchase price and delivery charges of Goods on the Website. However, should
there be any errors of whatsoever nature on the Website (which are not due to
our gross negligence), we shall not be liable for any loss, claim or expense
relating to a transaction based on any error, save – in the case of any
incorrect purchase price – to the extent of refunding you for any amount
already paid, or otherwise as set out in the Returns Policy.
Swiss TV shall not be bound by any incorrect information regarding our
Goods displayed on any third party websites.
Gift Vouchers &
Coupons
Swiss TV may from time to time make physical or electronic gift vouchers
(“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available
for use on the Website towards the purchase of Swiss TV Goods. Gift Vouchers
and Coupons can only be redeemed while they are valid and their expiry dates
cannot be extended. More specifically:
Gift Vouchers
Gift Vouchers that are purchased by registered users are valid for 3
years after Sale. Gift Vouchers that Swiss TV gives away for free are valid for
the period stated thereon. In each case, if your Voucher has not been used
within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They
do not accrue interest and are not refundable for cash once purchased. If your
Gift Voucher value is insufficient for the order you wish to place, you may
make up the difference by paying via one of our other payment methods.
Swiss TV is not
responsible for any harm due to the loss, unauthorised use or unauthorised
distribution of a Gift Voucher, after it has delivered the Gift Voucher to you
or the email address nominated by you.
Coupons
There are two
types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a
Coupon with a percentage discount, e.g. 10% off (“PercentageCoupon“).
Coupons are issued in Swiss TV’s sole discretion and we are
entitled at any time to correct, cancel or reject a Coupon for any reason
(including without limitation where a Coupon has been distributed in an
unauthorised manner). Users do not have a right to Coupons, and Coupons cannot
be earned. Coupons are issued under specific terms and conditions regulating
when and how they may be used.
As a general rule, and unless specified otherwise on the specific
Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per
promotion/campaign;
Percentage Coupons may only be redeemed on purchases with a total cart
value of less than R5,000;
where a Percentage Coupon has been used and you wish to cancel any items
in the order prior to making payment, the entire order must be cancelled. You
will be issued with a new Percentage Coupon and will need to place the order
again, without the item that you wished to cancel;
a Coupon must be used at check-out – it cannot be used later on existing
orders; and
the value of the Coupon will be set off against the value of your
shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be
used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded
for cash or credit. Swiss TV is not responsible for
any harm due to the loss, unauthorised use or distribution of a Coupon.
If for any reason a
Coupon does not reflect on the final amount due from you at check-out, you can
contact us here to confirm if the Coupon is still valid.
If Swiss TV confirms that the Coupon is still valid and you have already
placed your order, you can choose whether to cancel the order and place it
again with the Coupon, or you can use the Coupon on your next order within the
limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the
Coupon code, and any other information reasonably requested by Swiss TV, before
you are able to use a Coupon.
Click here for
instructions on how to use/redeem a promotional coupon.
Daily Deals and
other discounted Goods
From time to
time, we may offer certain Goods at discounted prices as part of a Daily Deal,
App Only Deal or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as
set out in these Terms and/or the Website), which define the scope of the Deal.
If you buy a product within the scopeof a Deal, you will pay the discounted price for that
product (the “Deal Price”).
However, if you buy
a product in a manner that falls outside of the scope of a
Deal, then you will pay the then current (non-Deal) selling price on
the Website (the “Normal Price”), for each product
that falls outside the scope of the Deal.
For example: if you buy more than one product in a Daily Deal, you will
pay the Deal Price for the first product, but the Normal Price for all products
thereafter. Alternatively, if you buy a product in combination with any other
products that together do not constitute a Bundle Deal, you will pay the Normal
Price for all such products falling outside the scope of the relevant Deal.
Daily Deals
At our discretion,
Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week
days and from 9am – 23:59pm on weekends. In addition, please note that Daily
Deals have a stock limit and may expire earlier if stock runs out.
Daily Deals quantities are limited and as such, after a Daily Deal is
sold out, those particular Goods may be available on the Website at their
normal selling prices (but no longer as a Daily Deal).
We do not guarantee a specific saving. The extent of the Daily Deal or
discount is at the sole discretion of Swiss TV.
Only one of each Daily Deal may be purchased per customer.
Adding a Daily Deal to your cart, or completing your order for
a Daily Deal without paying for it, does not reserve the item for you. Swiss
TV must receive payment from you within 24 hours of you placing your order for
a Daily Deal, otherwise we will cancel your order.
Swiss TV will reserve stock for customers in the order in which it
receives payment. Therefore if you pay via EFT, you might not get your item
because Swiss TV may only receive payment from you a few days later, and in the
meantime the Daily Deal might sell out to customers paying immediately.
The List Price shown in respect of Daily Deals and other discounted
Goods is the recommended retail price suggested to us by the supplier of the
relevant product. Where the supplier has not provided a recommended retail
price, an estimate may be provided. Where a product is offered for sale by a
Third Party Seller, the List Price may be provided by the Third Party Seller.
By purchasing any Daily
Deal, you are also automatically opting in for our Daily Deals daily newsletter
as well as our general newsletter (you may opt-out of these newsletters at any
time). Opting out of these newsletters after purchase will not affect the value
of the Goods purchased.
App Only Deals
We also have Daily
Deals (called “App Only Deals“) which will only be
available for purchase using the Swiss TV software application (“App”),
although they may also be displayed on the Swiss TV website and mobi-site. The
App can be downloaded on IOS and Android devices. In addition to the above
Daily Deal Terms and Conditions, the following terms apply to App Only Deals:
App Only Deals are only available for purchase using the App and their
prices may differ from the normal selling prices at which those particular
Goods may be available on the website or mobi-site.
You will only receive the App Only Deal price if you pay for your order
using the App before the App Only Deal has expired or sells out. You will not
receive the App Only Deal price if you pay for your order using the website or
mobi-site, or if you don’t pay for your order before the App Only Deal has
expired or sells out.
Bundle Deals
We may from time to
time offer bundle deals for sale under the Bundle Deals tab on the Website (“BundleDeals“). Each Bundle
Deal will consist of two or more products that either we or you (as provided on
the Website) have combined together in a single bundle.
Any saving or discount resulting from purchasing a Bundle Deal instead
of its component products separately may be applied to any of the component
products individually in our sole discretion. The actual purchase price (after
applying any applicable saving or discount) of each component product will be
communicated to you upon checkout and reflected in your order history. This is
relevant to the amount that would be refunded to you, if you were to return any
product in a Bundle Deal for a refund, in accordance with our Returns Policy.
A Bundle Deal
should be distinguished from a pre-packed bundle compiled by our supplier and
supplied to us as a single unit (“Pre-packed Bundles“).
Any saving or discount in respect of a Pre-packed Bundle will be applied only to
the total bundle price and not to the prices of the individual component products.
Please refer to our Returns Policy for information about returning a Pre-packed
Bundle.
Liquor
Swiss TV sells liquor under liquor licence number WCP/040408 (cmats:
2013/572).
It is an offence in
terms of South African liquor legislation:
for any person
under the age of 18 years to purchase, or attempt to purchase, liquor and/or to
present false evidence of his/her age in order to access liquor; and/or
to purchase liquor
for or on behalf of any person under the age of 18 years.
Swiss TV is committed to complying with all applicable liquor
legislation and therefore will only;
sell liquor to you if you are of or above the age of 18 years; and
deliver liquor to the address chosen by you if the liquor is received at
such address by a person of or above the age of 18 years.
Swiss TV has
implemented a number of precautions to ensure that it does not sell, supply
and/or deliver liquor to persons under the age of 18 years. These precautions
include without limitation:
indicating on the relevant liquor product page on the Website that such
liquor product is not for sale to persons under the age of 18 years;
verifying your age by requesting you to enter your date of birth when
purchasing, or attempting to purchase, liquor through the Website;
verifying the age of the person receiving delivery of the liquor by
requesting to see his/her identity document, passport or driver’s licence, if
such person appears to be under the age of 18 years.
Swiss TV may in its
sole discretion refuse to sell or deliver liquor to any person if:
he/she refuses to provide his/her date of birth or identification
requested for purposes of verifying his/her age;
it appears that he/she provided false information or evidence of his/her
age in order to access liquor; or
he/she appears to be intoxicated.
Swiss TV is not licenced to sell liquor for resale and you may
accordingly not purchase liquor from Swiss TV for the purpose of reselling it. Swiss
TV is entitled to cancel, or not to process, any order for liquor which it
suspects will be resold, in addition to any other remedy it may have under
these Terms and Conditions or at law.
Swiss TV will not sell liquor exceeding a total weight of 200 kilograms
to any one person in a single day.
By purchasing, or
attempting to purchase, liquor from Swiss TV, you hereby acknowledge and agree
to these Terms and Conditions, and agree to provide Swiss TV with truthful and
accurate information and to comply with the applicable liquor
legislation.
eBooks
An “eBook” means an electronic book capable of being
opened and read on your PC or Mac computer using Adobe Digital Editions
software (“Adobe Reader”), and on certain other mobile hardware
devices (such as iphones and android) using the swisstv.co.za Reader software
(“Swiss TV eReader”). The Adobe Reader and Swiss TV eReader
are “Reader Applications”. Your access to any eBook purchased by you from us
will be granted via a link to such eBook) (the “Link”).
IMPORTANT – Limits
to functionality and usage of eBooks:
You will not be able to read eBooks on devices that do not support
either of the Reader Applications, therefore check your device prior to
purchasing an eBook.
Even if a device supports either of the Reader Applications, eBooks will
only be able to be read on such devices that you have associated with your
profile in the relevant Reader Application. If you have not registered
additional devices with one of the Reader Applications, you will only be able
to read the eBook on the device onto which it was first downloaded.
You will need to be connected to the internet when you download an eBook
and open it for the first time. On subsequent openings of the eBook, you
will not need to be connected to the internet, provided you are opening the
eBook from the device on which you first downloaded and opened the eBook.
Ordering eBooks: When ordering
an eBook from us, you will be ordering the right to download such eBook from
the relevant publisher and consequently, if Swiss TV accepts your order,
delivery will take place electronically via the internet as described below.
Delivery of eBooks:
Where Swiss TV
accepts your order, upon receipt or confirmation of payment, we will obtain
your Link to the relevant eBook from the relevant eBook publisher and deliver
such Link to you in your “LibraryBox” page on the Website. The speed of delivery
of a Link will depend on a variety of factors, most of which are internet
related and beyond our control (such as server availability, ADSL lines etc)
and as such, Swiss TV does not hereby undertake to make delivery within any
specific timeframe. However, as a guide only, delivery should occur within a
few seconds, but can also take up to a number of hours. You will be able to
access and click on the Link at any time following delivery thereof to you,
subject to certain restrictions. PLEASE TAKE NOTE OF THE
FOLLOWING RESTRICTIONS:
So as to reduce the
risk of fraud, eBook publishers limit the number of times any Link can be
clicked before access to the Link is blocked. You will be able to click on
such Link at least once, but acknowledge that access to the Link may become
blocked after your first click so as to prevent fraud;
The Link will not appear if you have removed it, or Swiss TV has removed
it pursuant to your having ‘returned’ the eBook (if possible in accordance with
Swiss TV’s Returns Policy pertaining to eBooks from time to time);
Swiss TV does not
guarantee that eBook publishers will make their eBooks available for download
indefinitely and Swiss TV accepts no responsibility or liability to you or any
other person if, upon your accessing and clicking the Link, the relevant eBook
publisher no longer has the eBook available for download via such Link,
provided that, if you discover and report such a problem within 6 months of
your receipt of the Link, you will be entitled to a full refund of the purchase
price paid therefor.
We do not charge
any delivery fees for electronic delivery of the relevant eBook link, however,
you may incur costs (eg internet service provider fees) associated with
downloading the eBook, and we will not under any
circumstances be liable for any such costs incurred by you.
Practical issues to
note in utilising the Link to download the eBook:
The Link will contain your unique reference number as allocated by the
publisher of the eBook. By clicking on the Link, a small locator file, unique
to you, will be downloaded and will give you access to the eBook.
IMPORTANT: the
locator file required in order to access the eBooks will only be downloaded IF
the device you are using to click the Link is already associated with the
relevant Reader Application (i.e. if you are using a PC or Mac to click
on the Link, you must have the Adobe Reader installed on that PC/Mac. If you
are using a mobile device to click on the Link, you must have the Swiss TV
eReader installed on that mobile device).
If you have any
problems relating to the functionality of your Link, please report same to
us here so
that we can assist you in resolving the problem.
Returns of eBooks: Please refer to
our Refunds Policy.
Illegal use of
eBooks:
All eBooks are the exclusive property of the publisher or its licensors
and are protected by copyright and other intellectual property laws. The
download of eBooks is intended for your personal and non-commercial use. Any
other use of eBooks purchased from us is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or
sale of, reproduce, create derivative works from, distribute, perform, display,
or in any way exploit, any of the content of eBooks, in whole or in part, and
more specifically, you will not print, copy, or ‘lend’ eBooks to any other
person. You may also not do anything which otherwise contravenes any licence
conditions imposed by the publisher, as described on the relevant eBook’s
product detail page. These aforementioned prohibitions are hereinafter referred
to as “Illegal Activities”.
By downloading any
eBook, you hereby acknowledge and agree to these Terms and Conditions. You
hereby undertake that you shall not do nor try to do any of the Illegal
Activities. You hereby indemnify Swiss TV from any and all loss, damage, or
expense it may suffer or from claims which may be made by third parties against
Swiss TV which arise from or in relation to your having participated in any
Illegal Activities in relation to any eBook sold by Swiss TV.
For more information and assistance , please refer to our FAQ’s: eBooks,
which are incorporated by reference:
Online Course Codes
An “Online Course” is a form of distance learning which
allows you to develop your skills and knowledge on a certain topic, via the
internet. In order to complete an online course, you need to have your own
email account and access to the internet. You do not need to attend classes or
visit an education campus. On completion, you will typically receive a digital
certificate. Some online courses may require you to complete an assessment
(also done online) to complete the course. Online Courses are accessible by
means of an Online Course Code.
An “Online Course Code” is a unique digital code that can
be redeemed on the respective websites of certain Online Course providers. Upon
redeeming the Online Course Code on the website of such Online Course
providers, you will either be enrolled for the particular course automatically,
or you will be given credit on the Online Course provider’s website which will
enable you to enrol for the particular course you have purchased. Your access
to any Online Course Code purchased by you from us will be granted via the
unique digital code that will be sent to you by email, to the email address we
have on file.
IMPORTANT –
Limitations relating to Online Course Codes
You will not be able to use Online Course Codes and / or access Online
Courses through the Swiss TV website. You will have to utilise the Online
Course Code and Online Course through the relevant Online Course provider’s
website.
You will need to be connected to the internet when you use an Online
Course Code and / or access the Online Course. Subsequent usage and access
thereof will be subject to the specific Online Course provider’s website usage
restrictions.
Ordering Online
Course Codes: when ordering Online Course Codes from us, you will be ordering the
right to access an Online Course from the relevant Online Course provider, on
their website. Consequently, if Swiss TV accepts your order, delivery will take
place electronically via the internet as described below:
Where Swiss TV
accepts your order, upon receipt of confirmation of payment, we will obtain
your Online Course Code to the relevant Online Course and deliver it to you via
the email we have on file. For information on speed of delivery please refer to
clause 12.4.1 above. PLEASE TAKE NOTE OF THE
FOLLOWING RESTRICTIONS:
So as to reduce the
risk of fraud, Online Course providers limit the number of times any Online
Course Code can be applied to one application and you acknowledge that usage of the Online Course Code may become
blocked after your first use so as to prevent fraud;
Access to the Online Course may be denied if you have completed the
Online Course, or Swiss TV has removed it pursuant to your having ‘returned’
the Online Course (if possible in accordance with Swiss TV’s Returns Policy
pertaining to Online Course Codes from time to time);
Swiss TV does not
guarantee that Online Course providers will make their Online Courses available
for download and use indefinitely and Swiss TV accepts no responsibility or
liability to you or any other person if, upon your utilising the Online Course
Code, the relevant Online Course is no longer available, provided that, if you
discover and report such a problem within 6 months of your receipt of the
Online Course Code, you will be entitled to a full refund of the purchase price
paid therefor.
We do not charge
any delivery fees for electronic delivery of the relevant Online Course Code,
however, you may incur costs (eg internet service provider fees) associated
with accessing and using the Online Course, and we will
not under any circumstances be liable for any such costs incurred by you.
Practical issues to
note in utilising the Online Course Code:
The Online Course Code is your unique code as allocated by the Online
Course provider for a particular Online Course.
By utilising the Online Course Code on the relevant Online Service
provider’s website you may be required to sign up and register on an Online
Course provider website, which you acknowledge is in no way affiliated,
associated with or linked to Swiss TV.
If you have any
problems relating to the usage of your Online Course Code, please report same
to us here so that we can assist you in resolving the
problem.
Return of Online Course Codes: please refer to our Returns
Policy.
Illegal use of
Online Course Codes:
By purchasing any Online Course Code and/or accessing any Online Courses
you acknowledge and agree that the provisions of 12.6.1-12.6.3 are applicable
to the usage and access thereof.
You hereby
acknowledge and agree to these Terms and Conditions and undertake that you
shall not do nor try to do any of the Illegal Activities. You hereby indemnify Swiss
TV from any and all loss, damage, or expense it may suffer or from claims which
may be made by third parties against Swiss TV which arise from or in relation
to your having participated in any Illegal Activities in relation to any Online
Course Code sold by Swiss TV.
For more information and assistance, please refer to our FAQ’s: Online
Course Codes, which are incorporated by reference.
Third Party Sellers
Swiss TV will indicate on relevant product pages and checkout pages when
Goods are for sale by a Third Party Seller. In such cases Swiss TV only
provides the platform to facilitate transactions between Third Party Sellers
and Swiss TV customers. Swiss TV is neither the buyer nor the seller of these
Goods unless otherwise specified.
The Sale formed on acceptance of your order (in accordance with clause
5.2) for Goods that are for sale by a Third Party Seller is therefore solely
between the registered user and such Third Party Seller. Swiss TV is not a
party to that sale.
The Third Party Seller is solely responsible for fulfilment of delivery
of the Goods. The Third Party Seller is also responsible to provide an invoice
to the registered user if required.
Not all Third Party Sellers are registered VAT (Value-Added Tax)
vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT
on Goods sold and issue a tax invoice in respect thereof. If a Third Party
Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and
will not be in a position to issue a tax invoice in respect thereof.
Because Swiss TV
wants the registered user to have a safe and consistent experience, Swiss TV
will handle any returns under the CPA or the Electronic Communications and
Transactions Act 2002 (“ECT Act”), by the
registered user arising out of or in connection with the Sale between a
registered user and a Third Party Seller on behalf of the Third Party Seller
according to Swiss TV’s own Returns Policy. Should such claim escalate into
being a dispute, although Swiss TV is entitled to become involved in an attempt
to resolve it, Swiss TV is not obliged to do so and any disputes must be
resolved between you and the relevant Third Party Seller alone.
Privacy policy
We respect your privacy and will take reasonable measures to protect it,
as more fully detailed below.
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 –
your name and surname;
your email address;
your physical address;
your gender;
your mobile number; and
your date of birth.
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.
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.
Subject to clause 15.6 below, we will not, without your express consent:
use your personal information for any purpose other than as set out
below:
in relation to the ordering, sale and delivery of Goods;
to contact you regarding current or new Goods or services or any other
goods offered by us or any of our divisions, affiliates and/or partners (unless
you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional
competitions offered by us or any of our divisions, affiliates and/or partners
(unless you have opted out from receiving marketing material from us); and
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
disclose your personal information to any third party other than as set
out below:
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;
to our divisions, affiliates 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);
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;
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;
to our suppliers in order for them to liaise directly with you regarding
any faulty Goods you have purchased which requires their involvement; and
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 14 above).
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, Swiss TV 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.
We will ensure that all of our employees, third party service providers,
divisions, affiliates 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.
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.
We will –
treat your personal information as strictly confidential, save where we
are entitled to share it as set out in this policy;
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;
provide you with access to your personal information to view and/or
update personal details;
promptly notify you if we become aware of any unauthorised use,
disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our
obligations under this policy on reasonable notice and request; and
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.
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.
Swiss TV undertakes
never to sell or make your personal information available to any third party
other than as provided for in this policy.
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.
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 Swiss TV, SWISS TV 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.
In relation to eBooks –
The Swiss TV eReader is based on Adobe software. When you use the Swiss
TV eReader, you agree that your data may be collected by and transmitted to
Adobe via the Swiss TV eReader.
Adobe may collect, receive, use and share this data, but only in
accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy
contained at http://www.adobe.com, as amended time to time.
Data, in this clause 15.14, means any information relating to a
registered user including all information that could be used to identify,
locate, or contact an individual, and data relating to a registered user’s use
of the relevant Reader Application, which Adobe indicates it may collect in
accordance with its Privacy Policy identified above.
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 on-going
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 allows 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 15.
Changes to these
Terms and Conditions
Swiss TV 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.
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.
Electronic
communications
When you visit the Website or send emails to us, you consent to
receiving communications from us or any of our divisions, affiliates or
partners electronically in accordance with our privacy policy as set out in
clause 15 above.
Ownership and
copyright
The contents of the
Website, including any material, information, data, software, icons, text,
graphics, lay-outs, 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 trade mark
law. The Website Content is the property of Swiss TV, its advertisers and/or
sponsors and/or is licensed to Swiss TV.
You will not acquire any right, title or interest in or to the Website
or the Website Content.
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 our Help page.
Where any of the Website Content has been licensed to Swiss TV 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.
Disclaimer
The use of the
Website is entirely at your own risk and you assume full responsibility for any
risk or loss resulting from use of the Website or reliance on any information
on the Website.
Whilst Swiss TV takes reasonable measures to ensure that the content of
the Website is accurate and complete, Swiss TV 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 Swiss TV’s representatives, Swiss
TV shall not be bound thereby.
Swiss TV 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.
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.
Any views or statements made or expressed on the Website are not
necessarily the views of Swiss TV, its directors, employees and/or agents.
In addition to the
disclaimers contained elsewhere in these Terms and Conditions, Swiss TV 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 wilful misconduct of Swiss TV, its
employees, agents or authorised representatives. Swiss TV thus disclaims all
liability for any damage, loss or liability of any nature whatsoever arising
out of or in in connection with your access to or use of the Website.
Linking to third
party websites
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 Swiss TV is not
responsible for the practices and/or privacy policies of those Third Party Websites
or the “cookies” that those sites may use.
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.
Limitation of
liability
Swiss TV 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 wilful misconduct of Swiss TV, its employees,
agents or authorised representatives. You are encouraged to contact us to
report any possible malfunctions or errors by way of our Help page.
SWISS TV 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.
YOU HEREBY
INDEMNIFY SWISS TV 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.
Availability and
termination
We will use reasonable endeavours 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.
Swiss TV may in its
sole discretion terminate, suspend and modify this Website, with or without
notice to you. You agree that Swiss TV 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.
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.
Swiss TV 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 Swiss TV 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 Swiss TV, in
whole or in part, on notice to you. Swiss TV shall only be liable to refund
monies already paid by you (see Swiss TV’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.
At any time, you can choose to stop using the Website, with or without
notice to Swiss TV.
Governing law and
jurisdiction
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.
In the event of any dispute arising between you and Swiss TV, you hereby
consent to the non-exclusive jurisdiction of the High Court of the Republic of
South Africa (Western Cape Division, Cape Town) notwithstanding that the
quantum in the action or proceedings may otherwise fall below the monetary
jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right
to approach any court, tribunal or forum of competent jurisdiction in terms of
the CPA.
Notices
Swiss TV hereby selects 12th Floor, 10 Rua Vasco Da Gama Plain,
Foreshore, Cape Town, as its address for the service of all formal
notices and legal processes in connection with these Terms and Conditions
(“legal address”). Swiss TV may change this address from time to time by updating
these Terms and Conditions.
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 Swiss
TV not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or
email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days
after the date of posting;
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
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.
Complaints
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 our Help page on the Website or you can contact our
call centre on 087 362 8000.
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
Information
For the purposes of the ECT Act, Swiss TV’s information is as follows,
which should be read in conjunction with its product descriptions and other
terms and conditions contained on the Website:
Full name: Swiss TV Satellite
(Pty) Ltd, a private company registered in South Africa with registration
number 2015/367826/07
Main business: Online retailer
Physical address
for receipt of legal service (also postal and street address): 74 2nd
Street, Springs, Gauteng, 1559 (marked for attention: CEO and Legal)
Phone number: +27 72 207 7095
Email address: sales@swisstv.co.za
PAIA: The manual
published in terms of section 51 of the Promotion of Access to Information Act
2000 may be downloaded from here.
Third Party Sellers’ information is available in the relevant Product listing
and/or via the customer support centre contactable via our Help page.
General
Swiss TV may, in its sole discretion, at any time and for any reason and
without prior written notice, suspend or terminate the operation of the Website
or the user’s right to use the Website or any of its contents subject to us
processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations
in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Swiss TV to enforce any right in terms
hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining
terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms
and Conditions will be of any force or effect unless in writing and accepted by
or on behalf of the parties hereto.
No indulgence,
extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of
any of the grantor’s rights and the grantor shall not thereby be prejudiced or
stopped from exercising any of its rights against the grantee which may have
arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Swiss
TV and no other warranty or undertaking is valid, unless contained in this
document between the parties
