HFC Terms and Conditions

1. Introduction

HiFi Corp is a brand trading within Pepkor Trading (Pty) Ltd, registration number 1958/003362/07.

These terms govern your use of the HiFi Corp website. Access to the services, content and downloads available on the HiFi Corp website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)

1. We provide the HiFi Corp website as a convenience to you. To use the HiFi Corp website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.

2. We reserve the right to change the documents and/or other materials contained on this website from time to time without notice. This Right also applies to these terms and conditions. HiFi Corp will post the revised terms on the website. You may use the HiFi Corp website for your personal and non-commercial use, not for republication, distribution, sale or any other use.

3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the HiFi Corp website.

4. The Terms make up the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the rest of the terms will be effective.

5. Unless otherwise specified, we intend the goods and services offered on this site for citizens of the Republic of South Africa only. The terms are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict or law. By you ticking the “I confirm I have read and understood the ‘Terms & Conditions’ box, forms a legally binding agreement between you and HiFi Corp.

2. Definitions

In the HiFi Corp website terms of use:

1. “Terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and HiFi Corp;

2. “We” or “us” or “HiFi Corp” means HiFi Corp, whichever one applies;

3. “Website” means www.hificorp.co.za;

4. “HiFi Corp website” means www.hificorp.co.za;

5. “You” or “user” means any person who visits, accesses or uses the website.

3. Registration and use of the Website

As a user, HiFi Corp grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.

You may only use the website if, in terms of South African law, you have the legal capacity to agree.

You may only link to the website by linking to the home page of the website.

1. You, the customer, agrees and acknowledges that:

1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to HiFi Corp;

1.2 Such information will include all mandatory data;

1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;

1.4 You may submit the information to HiFi Corp, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between HiFi Corp and the customer.

1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:

1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, besides paths taken and time spent on pages/sites within the Website (“Usage Details”); and

1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in HiFi Corp competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).

1.8 Details submitted, when registering or transacting, to use the services on the HiFi Corp website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.

1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. HiFi Corp may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.

1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.

1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. HiFi Corp web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.

1.12 HiFi Corp may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.

2. We may use your Usage Details to:

2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via HiFi Corp or via a third-party service provider;

2.2 Automatically provide you with the latest version of the HiFi Corp application on your system;

2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;

2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and

2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.

2.6 HiFi Corp shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA).

2.7 If you are a HiFi Corp website user, you agree that we may also electronically gather, save and use the following information:

2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);

2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);

2.10 the credit or debit card number, cardholder name and expiration date you submit to HiFi Corp website regarding your credit or debit card(s), (Credit or debit cards)

3. HiFi Corp Website Users collects the aforesaid information from you in the following manner:

3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a HiFi Corp website user and/or thereafter by you actively transacting, updating or supplementing such details in your HiFi Corp website users Account.

3.2 HiFi Corp uses the information that HiFi Corp website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.

3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with HiFi Corp) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your HiFi Corp User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with HiFi Corp.

3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.

3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by HiFi Corp and its partners/affiliates.

4. You may not:

4.1 Provide any incorrect information to the website or HiFi Corp;

4.2 Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;

4.3 Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of HiFi Corp;

4.4 Use malicious search technology, including but not limited to spiders and crawlers;

4.5 Frame any pages of the website;

4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.

4.7 Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in HiFi Corp discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. HiFi Corp does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. HiFi Corp is not liable for damages or other adverse consequences caused by the use of the submissions.

In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and HiFi Corp will not knowingly collect information from users in this age group.

No transaction will be concluded between HiFi Corp and a person under the age of 18 unless written consent thereto is received by HiFi Corp from a parent or legal guardian. HiFi Corp, therefore, reserves it’s Right to request proof of identity before concluding any transaction. Your continued use of this website confirms that you are 18 years old or older.

4. Conclusion of Sales and Availability of Stock

1. A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage HiFi Corp cannot be liable to honor any Price changes or if such products are not available.

2. HiFi Corp shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified. HiFi Corp strives to ensure that we minimise out of stock situations. HiFi Corp will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.

Clearance campaigns might be implemented from time to time where stock is available in limited quantities and in selected stores or regions. HiFi Corp is not obliged to source stock or offer a similar or upgraded item for this sale as stock will no longer be available in future.

Accessories not included, unless otherwise specified.

3. Pricing Errors

We will make all reasonable efforts to accurately reflect the price, product or service description, images and any other relevant content of items available to sell on our website. Should any error be detected of whatsoever nature on the website not due to gross negligence, we will not be held liable for any loss, claim or expense relating to a transaction based on any error. A refund for the amount already paid will be processed back to the account used to make payment. We reserve the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this website without incurring any liability whatsoever.

5. Returns/Refunds and Warranty

1. Return of Goods

Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.

1.1 Non-returnable / non-refundable items:

1.1.1 A product which has been personalised for you or made to your specifications.

1.1.2 Any flat-pack furniture assembled after delivery, cannot be returned and will be inspected first in the event of a potential manufacturing fault.

1.1.3 Due to copyright law, licensed software and games cannot be returned or refunded.

1.1.4 Pre-paid cards, Digital or Physical Vouchers may not be returned for a refund or credit.

1.1.5 Nursing or maternity and infant feeding products, including (but not limited to) breast pumps, bottles, teats, soothers, pacifiers, formula, maternity underwear, nappies and wipes.

1.1.6 Delivery and or installation costs.

1.1.7 Any damaged or abused items.

1.1.8 Intimate products, lingerie, swimwear, bodysuits or underwear.

1.1.9 Piercing jewellery.

1.1.10 Toiletries, personal beauty products or fragrances.

1.1.11 Foodstuff, beverages or other products intended for consumption.

1.1.12 Other specified Non-returnable/ non-refundable items

1.1.13 TV Licensing (This needs to be processed with the SABC)

2. Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before the purchase and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.

3. We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.

4. Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on HiFi Corp to accept the return of unsafe or defective goods within six months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to HiFi Corp if:

4.1. The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

4.2. The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and

4.3. The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).

5. You are entitled to cancel any sale concluded on this Website (online sales) within 10 days after receipt of the goods and to get a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).

6. In the unfortunate event that your purchased goods become defective, you may opt to take it to any HiFi Corp store. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):

6.1. Have such goods repaired.

6.2. Have goods replaced.

6.3. Be refunded the price paid.

7. If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.

8. The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;

8.1. Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;

8.2. Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;

8.3. The use of accessories which have not been approved by the manufacturer;

8.4. The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;

8.5. Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;

8.6. The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;

8.7. Neglect, misuse, or willful abuse of the appliance;

8.8. Anything related to the appearance of the appliance which does not in HiFi Corp sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;

8.9. Rust or the effects of rust;

8.10. Repairs or attempted repairs of the appliance by any person other than HiFi Corp or its authorized repairers;

8.11. Any modification of the appliance by any person other than HiFi Corp or its authorized repairers;

8.12. Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;

8.13. Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of HiFi Corp;

8.14. Any defect arising out of the design of the appliance;

8.15. Any defect caused by a lightning strike or power surges;

8.16. Blown or damaged speakers arising from misuse;

8.17. Any damage caused because of the use of generic or re-filled cartridges;

8.18. Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.

9. With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera. With TV’s; Hi-Fi’s; VCR’s or DVD’s–remotes are not covered.

10. HiFi Corp will not be liable for the costs of;

10.1. Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;

10.2. Work covered by the manufacturers’ recall of the appliance;

10.3. Call out charges where the breakdown is not covered by the extended warranty;

10.4. And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.

11. HiFi Corp will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.

12. Repairs may not be effected without prior authorisation from HiFi Corp.

13. With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.

14. The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.

15. HiFi Corp’ authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.

16. Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.

17. Hifi Corp reserves the right to inspect the goods before a return is approved. Under no circumstances will direct exchanges be conducted before assessment and approval has been completed

6. Displaying of Prices and Images

All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. HiFiCorp takes utmost care to ensure that the displayed prices and images are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and, or where it is a website specific promotion for online purchases only or in branch-specific promotion for branch purchase only. Hence such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price or image, we will correct this as soon as we are made aware of the incorrectly displayed price or image.

Goods made to order will incur additional costs.

7. Currency, Payment Methods and Transactional Security

We conduct all transactions in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at https://www.payu.co.za/faqs/security.

Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, at https://www.payu.co.za/legal. By submitting a sales order through any of the HiFi Corp website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify HiFi Corp, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s).

1. Credit Card payments: Only South African issued (Visa and Master) credit cards are accepted for online payments. On completing the purchase cycle we send the sales details to the bank if payment is unsuccessful or authorisation is not issued by the bank we cannot complete your purchase cycle.

2. Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order instruction will be emailed to you regarding the method in which monies must be deposited in HiFi Corp account subject to the following Terms and conditions:

3. EFT Pro: the full amount must be paid as per your order request within 48 hours of placing your order. We will cancel your order should you fail to deposit/transfer the funds within 48 hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted). HiFi Corp cannot be held liable for any delays, errors, fees, bank-affiliated fees / admin charges and currency fluctuations. PayU EFT Pro only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply.

4. For a direct deposit, the deposit must be in cash and SA Rand only, (no other currency will be accepted).

5. No cheque deposits are accepted.

6. Mobicred facilitates the credit transaction. The terms and conditions existing between you and mobicred still apply. The Delivery timeframe is relative and will depend on the time and date of the successful mobicred confirmation (please refer to our delivery timeframes T&Cs for info.

When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when you are conducting an EFT with the Bank. It will redirect you to the online banking login screen and it will prompt you to log in with your online banking credentials. You will receive a one-time pin (OTP) which you would need to enter to confirm your payment.

It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at HiFi Corp deploy technology, such as 3D Secure, which will protect you while you shop.

HiFi Corp reserves the right, to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between you and HiFi Corp, in whole or in part, on notice to you. HiFi Corp shall only be liable to refund monies already paid by you (see HiFi Corp Refund Policy in point 26 in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

7. Visa Checkout

Please carefully read the Visa Checkout terms of service ("Terms") on www.visa.co.za before using this as a payment method. By registering and creating a VISA CHECKOUT ACCOUNT, you have acknowledged that you understand and agree to all of the terms and have clicked an "I Accept" button or an equivalent indicator with regards to the use of Visa Checkout. Please refer to www.visa.co.za for a full set of VISA CHECKOUT terms and conditions.

By using VISA CHECKOUT as an online payment method, you agree to the following terms and conditions:

7.1. Any queries relating to your VISA CHECKOUT account, statement or unlawful payments will be directed to VISA CHECKOUT and not HiFi Corp

7.2. HiFi Corp is in no way obliged to assist, direct or manage any VISA CHECKOUT concerns, issues or general information requests and no such requests will be entertained

7.3. VISA CHECKOUT returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions

7.4 HiFi Corp cannot be held liable for the time it takes for your OTP that is required for 3D Secure payments, and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved. For limited stock promotions we recommend that if you are not an existing VISA CHECKOUT user to please select a different payment method

8. Payflex facilitates the credit transaction. The terms and conditions existing between you and Payflex still apply. The Delivery timeframe is relative and will depend on the time and date of the successful Payflex confirmation (please refer to our delivery timeframes T&Cs for info.

9. Store Card with Revolving Credit

9.1. JD Group facilitates the credit transaction. The terms and conditions existing between you and JD Consumer Electronics and Appliances (Pty) Ltd still apply. The Delivery timeframe is relative and will depend on the time and date of the successful JD Consumer Electronics and Appliances (Pty) Ltd confirmation, refer to our delivery timeframes Ts&Cs for more information.

9.2. JD Group makes use of Secure Citizen’s integrated third party solution during the checkout for credit transactions.

9.2.1. This is to ensure that you, the customer, authenticate and approve the transaction. If you proceed with the credit transaction, you consent to Secure Citizen processing your personal information and communicating with you for this purpose. In order to authenticate, you will be required to complete facial biometric matching via a “selfie” which is taken by you, sent to Secure Citizen and verified against your image that is housed at Home Affairs.

9.2.2. All transactions processed through Secure Citizen are encrypted. The Secure Citizen security policy can be found at https://securecitizen.co.za/privacy-policy/. Please also read the Secure Citizen Terms and Conditions, at https://securecitizen.co.za/terms-conditions/ .

9.3. By submitting a credit transaction through any of the JD Group website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact. This includes that you have got the express permission of the person and/or business whose information you are submitting/using through any of our services. You therefore indemnify JD Group of any loss that might occur in respect of your use of the online payments solutions available. In addition, you warrant that you are not in breach of the Consumer Protection Act or National Credit Act, nor any other applicable legislation.

You indemnify JD Group, its Members and employees from any claim and/or liability from any third party claim arising out of your instructions and/or use of the service(s).

8. Delivery & Returns

Delivering your Online Order

Delivery is available throughout South Africa and will be made between 2 – 5 working days from Monday to Friday (excluding public holidays), subject to payment and order confirmation before 12h00. Depending on origin and destination, a further delay of up to 24 hours may be experienced on shipments to outlying areas.

What will the delivery cost?

Delivery charges are determined by the value of the order placed.

Type of products Delivery Fee
Orders over R500 (excludes TV’s, Large Appliances, Furniture, Beds, Large Items & Sports Equipment) Free Delivery
Orders under R500 R75.00
TV's R120.00
Large Appliances, Beds, Inverters, Portable Inverters, Generators, Outdoor & Sports equipment R220.00
Large Items, DIY & Furniture R300.00

When will delivery take place?

  • Delivery service will commence upon payment confirmation being received unless supporting documents are requested i.e. in the case of the verification of a TV License with a valid ID.
  • Deliveries will generally be made within the timeframe of the selected delivery type after collection from point of dispatch and between major centers from Monday to Fridays.
  • We deliver from Monday to Friday from 08h00 to 17h00 to both business and residential addresses.
  • No deliveries will be made on the weekend or any public holiday.

What if I miss my delivery?

We will notify you of a failed delivery i.e. when no one can be reached at the specified delivery address to receive and sign for the goods at the scheduled time. We will reschedule the delivery as soon as possible.

What if my items are damaged, faulty or incorrectly delivered?

In the regrettable event that you receive a damaged, faulty or incorrect product, please notify us within 24 hours of receipt of delivery on 0860 459 459 or [email protected]. We will consider the most practical resolution to have the product inspected to your satisfaction.

Failure to inspect goods upon receipt can result in us not exchanging your product. Always ensure that you check the goods prior to acceptance and signing on the waybill should you not be 100% happy with the delivery. Do not accept goods should you not be 100% happy about the condition of the delivery.

If you see any inconsistencies, please ensure the delivery document is endorsed accordingly and reject your delivery.

What if I receive the incorrect items or quantity of products?

Should the incorrect items or quantity of items be delivered to you, you need to notify us immediately so that we can rectify the situation. You can notify us on 0860 459 459 or [email protected] and we will get our team to collect the incorrect items and replace them as soon as possible.

Can I change my delivery address?

Unfortunately, you will not be able to change or amend a delivery address once your order has been confirmed. Please double check that the details supplied are correct when placing your order.

Returns & Refunds process:

We offer a full returns and exchanges policy. You may return or exchange goods at any one of our stores subject to producing the original receipt and ensuring the product is in its original packaging and condition. Should the product not be in its original packaging, a handling fee of up to 15% of the product’s value may be charged as per the CPA.

The following cannot be returned or refunded:

- Items specified as non-returnable/non-refundable items.
- Delivery and or installation costs.
- Pre-paid cards.
- Digital content.
- Any damaged or abused items.
- Faulty/defective products after 14 days. (excluding all plasma LCD & LED televisions larger than 32-inch as well as all large appliances)

In the unfortunate event that your purchased product becomes faulty or defective within the first six months of delivery, you can take it to any of our stores to be inspected. You will be entitled to the following options as per the CPA:

- Have the product repaired.
- Have the product replaced.
- Be refunded for the purchase amount.

In the event that the product is found to not be faulty, you will be liable for all handling and shipping charges; including the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence.

The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the product.

Refunds can take up to 10 days to reflect in your bank account. Should you not receive your refund within 10 days, kindly contact us on 0860 459 459.

Goods shipped in error or /Incorrect goods delivered in the unfortunate event that you receive a delivery whereby the goods delivered to you do not match your products or its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery, this can be done through the “My Account” section on the website, to have the incorrect goods collected and the correct goods delivered to you.You are obligated to inform us, nonetheless, we may also inform you within 20 business days after delivery that we delivered the goods to you in error.Thereafter, we will collect the goods delivered in error within 20 business days of us notifying you of the error. You may not keep the goods delivered in error, frustrate or impede the reasonable attempts taken by us to retrieve the goods delivered in error within the 20 business days. Where a consumer impedes or frustrates the reasonable attempts taken to recover the goods from him or her, the consumer will be liable for any additional costs of recovery of, or damage to, the goods as a result and we may institute legal proceedings against the consumer.

9. Interest Rate, Deposit, Installment and Credit Price May Vary by Credit Profile and Loan Term

HiFi Corp may require you to produce proof of an insurance policy or take up insurance with us. The minimum application requirements include a copy of an ID document, latest payslip, 3 months’ bank statements, monthly expense details and your household content insurance or Credit Life policy documents. These requirements depend on your employment status and risk profile. The total cost of credit and monthly installments indicated include interest rates as shown, calculated at the time of print and subject to change (where the interest rate is not reflected, the illustrative interest rate used is 14.75%), principal debt, basic insurance, initiation fee, service fee and VAT @ 15%. All offers are valid while stocks last and cannot be used with other in-store promotions. Ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.

Connect Financial Solutions (Pty) Ltd, (Reg no.: 2018/431596/07) is an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as HiFi Corp.

1. Quick On-Line Credit App Terms and Conditions. (T&Cs)

1.1. General

1.2. Quick On-Line Credit App is subject to your acceptance of the T&Cs set out. By clicking on the tick-box provided, you acknowledge that you have read and understood the use of the website’s terms and conditions and the Quick On-Line Credit App and agree to be bound by them.

1.3. These T&Cs must be read together with our website Terms of Use, a copy of which can be found at www.hificorp.co.za or you can request them from us by email or by calling our call centre.

1.4. Quick On-line Credit App Process.

1.5. By completing and submitting this Quick On-Line Credit App, you;

1.6. Confirm that you have read and understood these T&Cs, the meaning and that the Quick On-Line Credit App is subject the full credit application terms and conditions which include an affordability assessment as required by the National Credit Act, as amended to, (“NCA”);

1.7. Confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;

1.8. Confirm all information that you provide us is truthful, complete and correct. You must immediately notify us if any of your information changes;

1.9. Confirm you can apply for credit and to enter a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the age of 18 and got written consent from your spouse or civil partner. (where applicable);

1.10. Consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App, including any Credit Bureau and other agencies, as permitted by law,

1.11. Once you receive confirmation that you qualify for credit confirmation of which you will receive by email and/or SMS, we require that you visit any HiFi Corp store, quote your ID number or passport number and complete a full credit application.

1.12. Minimum full credit application T&Cs include:

1.12.1. ID Book or Passport (for non-RSA nationals);

1.12.2. Latest payslip;

1.12.3. (three) months’ bank statements;

1.12.4. Monthly expense details and your household content insurance and/or Credit Life policy documents; ).

1.12.5. These requirements are dependent on your employment status and risk profile. INTEREST RATE, DEPOSIT, INSTALLMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.

1.13. The Quick On-Line Credit App is subject to the verification of the identification of the applicant being above the age of 18, who has a valid identity document or passport.

1.14. Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from Quick On-Line Credit App Date.

2. Disclosures and consent

2.1. Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as HiFi Corp.

2.3. You consent to and agree that Pepkor Trading (Pty) Ltd can access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:

2.4. Make enquiries to get or confirm your credit profile and repayment behaviour;

2.5. To supply and/or submit any information about you or provided to us by you;

2.6. Seek, verify and receive information from any credit bureau or a third party (with whom you have financial relations) when assessing your quick online credit app or your creditworthiness;

2.7. To disclose the above information as required in law; and,

2.8. to keep records of your personal and credit information in any database under the “NCA”) requirements.

2.9. You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness. You cannot hold us responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.

3. Information Security Policy

3.1. You agree to keep your information safe and to not disclose it to any unauthorised third party. You further agree that we cannot be held liable for any damages or loss sustained by you because of such information becoming known to third parties, whether through your actions or fraud, malware or phishing.

3.2. We reserve the right to suspend any account that we believe may have been compromised accordingly.

3.3. You must notify us immediately if you believe that we have processed your information without your permission. You can contact us on our call centre number or e-mail address as per the details below.

4. Law

4.1. This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether you are South African or are accessing our website outside of the Republic of South Africa.

4.2. In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you. We do not sell any products via this Quick On-Line Credit App, and ECTA relating to electronic transactions do not apply regarding the Quick On-Line Credit App.

4.3. You may resolve any dispute that may arise between us by alternative dispute resolution, or to file a complaint with the National Credit Regulator, (“NCA”) or to apply to the Tribunal as per details below.

4.4. Subject to the “NCA”, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page and will supersede and replace any previous Ts&Cs.

4.5. No indulgence or extension of time that either you or us may grant to the other will make up a waiver or, limit any existing or future rights of the grantor in terms except if the grantor has signed a written document expressly waiving or limiting such rights.

4.6. We are entitled to cede, assign and delegate all or any of the rights and obligations in terms of these T&Cs without notice to you.

4.7. All provisions of these Ts&Cs are, notwithstanding how they have been grouped or linked grammatically, severable from each other. Any provision of these Ts&Cs which is, or becomes unenforceable, whether because of being voided, rendered invalid, illegal, unlawful or for any other reason whatever, shall, only if it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.

5. Contact Details

The following contact details are hereby disclosed:

Customer Care: 010 211 1120 or [email protected].

Credit Ombudsman: 086 1662 837.

National Credit Regulator: 086 062 7627.

Credit Bureau: 086 1128 364.

10. Lay-By Terms and Conditions

1. DEFINITIONS

In this agreement, unless the context shows differently: -

1.1. “Agreement” means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;DEFINITIONS

1.2. “Business day” means any day except a Saturday, Sunday or South African public holiday;

1.3. “Consumer”/ “you”/ “your” means the person who has agreed to enter this Agreement and whose details are recorded in the Schedule;

1.4. “Schedule (s)” means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;

1.5. “Supplier”/ “we”/ “us”/ “our” means JDG Trading Pty (Ltd);

1.6. “VAT” means the value-added tax chargeable under the Value-Added Tax Act 89 of 1991;

1.7. The headings of the various clauses in this Agreement have been inserted purely for convenience, and they will not be used to interpret the Agreement.

1.8. Any reference to a gender includes the other genders; and

1.9. The singular includes the plural and vice versa (the other way around).

2. INTRODUCTION

You have agreed: -

2.1. To pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.

2.2. You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.

3. YOU AGREE THAT: -

3.1. This Agreement represents the entire agreement between you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the supplier; and

3.2. For this Agreement “signature” or “signed” does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).

4. PAYMENT OF DEPOSIT AND INSTALMENTS

4.1. You understand and agree that: -

4.1.1. The purchase price of the goods includes VAT at the current rate of tax; and

4.1.2. If before the full purchase price of the goods is paid by you, the VAT rate is changed concerning the supply of the goods, we may recover the VAT increase from you before delivery of the goods.

4.2. The Agreement will start upon signature of the Agreement and payment of the initial deposit set out in the Schedule.

4.3. Thereafter, you must deposit the monthly amounts by the due date until the last payment date. You must deposit all amounts at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.

4.4.We will apply the deposits towards the settlement of the purchase price on the last payment date.

5. TERMINATION OF THE AGREEMENT

5.1. If you end the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the last payment date, we:

5.2. May charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof that your failure to complete payment was due to death or your hospitalisation;

5.3. After deducting the termination penalty (if any), we will refund you any amounts paid by you under this Agreement;

5.4. You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, they will require you to agree with us and the current price of the goods will then apply.

6. STATEMENTS OF ACCOUNT AND CONTACT DETAILS

6.1. We will deliver a monthly statement of account to you by email or SMS, as elected by you.

6.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt if you think a statement is not correct.

6.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.

7. DELIVERY OF GOODS

7.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods.

7.2. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure”.) We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from “force majeure” events. We will use reasonable attempts to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.

7.3. You understand and agree that the goods, as set out in the Schedule, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that we set aside specific goods for the duration of the Lay-by agreement, but that we deliver that Type to you after receipt of the full purchase price for the goods.

7.4. If for reasons beyond our reasonable control, we cannot deliver that Type to you, we will, at your option: -

7.4.1. Supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or

7.4.2. Refund to you the amounts deposited with us for the goods, with interest, under the Prescribed Rate of Interest Act 55 of 1975.

7.5. It is your responsibility to provide us with the correct delivery address before delivery of the goods.

8. TRANSFER OF RIGHTS

8.1. Unless you have got our prior written consent, it will not entitle you to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.

8.2. You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.

9. CONTACT DETAILS

The following contact details are hereby disclosed:

Customer Care: 0860 459 459

Email Address: [email protected]

National Consumer Commission: 012 761 3000

Consumer Goods and Services Ombudsman: 0860 000 272

10. ADDRESS FOR NOTICES AND LEGAL PROCESSES

10.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).

10.2. We choose as our domicile address where you must deliver all notices and legal processes as Marlboro House 6 Eastern Service Road Eastgate, Sandton 2090.

10.3. If you want to change the address where you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must: -

10.3.1. Inform us you are changing your address; and

10.3.2. Set out the new address at which you agree to accept notices.

10.4. Any new address must be a physical address in the Republic of South Africa.

10.5. If we send a notice to you: -

10.5.1. By prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and

10.5.2. By hand, we will treat it as if you have received it on the date of delivery.

10.6. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you received it then. If you claim that you did not receive the notice by that date, then you will have to prove it.

11. GOVERNING LAW AND JURISDICTION

11.1. This Agreement is governed by the laws of the Republic of South Africa.

11.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.

12. GENERAL

12.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as a defence if we had a right which we did not enforce at the relevant time.

12.2. If any term or condition of this Agreement becomes unenforceable for any reason, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.

11. Online Exclusive Promotions

1.1. These Terms of the Online Exclusive Offers (Promotion) together with the HiFi Corp Standard Terms and Conditions www.hificorp.co.za set out the terms and conditions that will apply when you place an order through the HiFi Corp operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ in certain parts from the terms and conditions that apply to order other products. We will explain later such differences in these Terms. If you cannot understand or have questions about these Terms, please contact HiFi Corp on 0860 459 459. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions before each order that you submit.

1.2. The Promotion is the sale of certain online-only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.

1.3. The Promotion starts at HiFi Corp online only on the advertised and advertised day at 08:00 am and ends on the advertised and mentioned day at 00:00 pm. We will accept no purchases after midnight on the advertised and mentioned day.

1.4. You will need to be logged into the HiFi Corp website to use the promotion.

2. ORDER AND ACCEPTANCE

2.1. Each order submitted, which includes the receipt of the full purchase price, makes up an offer to purchase products. Orders are subject to HiFi Corp acceptance and may be refused at HiFi Corp discretion, for example, where:

2.1.1. We cannot process orders because of an error in the information you have provided;

2.1.2. There is an error on the website relating to the products you have ordered, for example, an error relating to the price or description of the product as displayed on the website; or

2.2. The products you ordered are no longer available on the website.

2.3. After HiFi Corp receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact HiFi Corp before you try to place another order for the same product.

2.4. You will receive an email when your order is being dispatched confirming that your order was accepted and is on its way to you.

2.5. If you have questions regarding HiFi Corp order acceptance policy (Agreement of sale), or if you consider that your order was rejected in error, please contact HiFi Corp on 0860 459 459.

3. PRODUCT AVAILABILITY

3.1. HiFi Corp has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.

3.2. HiFi Corp will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.

3.3. Because of the stock quantity, each customer may not purchase more than one product using this Promotion.

4. CUSTOMER STARTED ORDER CANCELLATIONS AND CHANGES.

4.1 You can change or cancel your order before we have processed your order. To change your processed order, please contact HiFi Corp. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy..

5. DELIVERY

5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, HiFi Corp cannot promise that they are accurate..

5.2. The product that is delivered to you will become your property at the time that you receive it, provided that HiFi Corp has received full payment for the product. As soon as HiFi Corp has delivered the product to you, you will become responsible for it and any loss or damage to it thereafter..

5.3. Please see the delivery policy for further details.

6. GENERAL.

6.1. Participants of this promotion agree that HiFi Corp will, subject to prevailing law, have no liability for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or participation in this promotion..

6.2. If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force..

6.3. Any violation of these rules will cause the immediate disqualification of the transgressing participant from the promotion.

12. Television License

1. HiFi Corp requires you to produce a valid TV license and ID document when purchasing a TV. First-time buyers may purchase a TV license in-store.

In terms of the Broadcasting Act and Television License Regulations, license holders are required to note and/or comply with: Statutory obligations of a television license:

1.1. A television license is valid only at the permanent address reflected on the license. .

1.2. A person purchasing a television set must have a valid (paid-up) TV license. .

You may not purchase a television set using someone else’s TV license.

1.3. When taking out a domestic/household television license for the first time, we require a person to provide his/her details: surname, initials, a copy of an ID document, fixed address and contact details..

1.4. When renewing a television license, we require a person to present an existing license, a copy thereof, or a renewal notice.

1.5. A license holder must notify the SABC, in writing, of a change of address within 30 days..

1.6. A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship or upon the death of a husband/wife or partner..

1.7. A single domestic television license is required per household regardless of the number of TV sets, provided that all sets used are at the license holder’s residential premises.

1.8. HiFi Corp requires a separate domestic television license at the full annual tariff for an additional TV at a new residential property (e.g., a holiday home) since it involves a different physical address.

1.9. “Family members of a television license holder”–defined as all persons who are permanent residents with the license holder, and; depend on him/her, and are owed a legal duty of support by the license holder–are covered by a single TV license in his/her name. A person has to meet all three conditions to be covered by a household’s TV license. Such domestic license covers a license holder and his/her immediate, dependent family members–with a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives–such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts–or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.

13. Ownership and Content

All materials published on the HiFi Corp website are protected by copyright and owned or controlled by HiFi Corp or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of HiFi Corp or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of HiFi Corp or are used by HiFi Corp under license. HiFi Corp will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

If you respond to HiFi Corp via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. HiFi Corp will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. HiFi Corp will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that HiFi Corp may publish the information, use it as part of its operations, and incorporate its concepts in HiFi Corp goods or for any other purposes, which HiFi Corp considers necessary, without liability.

HiFi Corp will deal with your personal information in terms of the privacy policy: http://www.hificorp.co.za/privacy/

14. Disclaimer

1. When you visit the HiFi Corp Website, you consent to receive communication from HiFi Corp electronically and agree that all agreements, notices, disclosures and other communication sent by HiFi Corp satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

2. You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from HiFi Corp. You are to keep proof of any repairs conducted and allowed by HiFi Corp and proof of purchase on all returned goods.

3. You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.

4. The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.

5. HiFi Corp provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While HiFi Corp attempts to provide accurate and timely information, HiFi Corp cannot guarantee this. HiFi Corp may correct and change the website if required. The HiFi Corp goods and services described on the website are available in RSA, through the HiFi Corp branch network.

6. Although HiFi Corp has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and HiFi Corp cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. HiFi Corp will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by HiFi Corp. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.

7. Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

15. Limitation of Liability

HiFi Corp is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.

Subject to applicable law, you agree to indemnify, defend, and hold HiFi Corp harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.

16. Availability and Termination of Orders

HiFi Corp may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions (Software, Games, Music, and DVD) and subject to certain charges.

17. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa.

You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House, 6 Eastern Service Road, Eastgate, Sandton, 2090

18. PAIA Manual
19. Black Friday Campaign

1. This promotional offer is subject to your acceptance of the Terms and Conditions set out herein.

2. You acknowledge that you have read and understood these Terms and Conditions.

These Terms and Condition will govern the redemption of the offer from any HiFi Corp store.

3. This promotion is promoted by HiFi Corp, a brand of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) (“the Promoter”).

4. Promotion Period: 01 November 2020 – 29 November 2020 (“The Promotion Period”) when and if advertised.

5. The Offer: During the Promotion Period selected goods will be on promotion at limited quantities for a limited period. We will advertise selected goods in-store and online.

6. TThis Offer is only available to cash and credit customers and not available on layby. The offer is available for in-store and online purchases.

7. The offer only applies to one purchase per customer. Online purchases made through several logins and using the same card will be disqualified. Use of any other person’s login details will disqualify your order.

8. HiFi Corp reserves the right, in its sole discretion and to the extent permitted by law, to amend these Terms and Conditions.

9. Stock is limited, and HiFi Corp reserves the right to stop the promotion once we have sold a specific product. All orders are subject to stock availability and no correspondence will be entered into should stock no longer be available.

10. HiFi Corp assumes no liability for any direct or indirect loss or damage arising from your participation in the offer or whether arising from negligence or otherwise. All customers, whilst taking part in this Offer, indemnifies HiFi Corp and holds HiFi Corp harmless for any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.

11. HiFi Corp assumes no risk and/or liability whatsoever for any interruption in services and/or the failure of any supplier to meet any technical element of this Offer which may result in a customer not successfully taking up the Offer.

12. This Offer cannot be used with any other promotional offer.

13. Any purchases, which are conducted contrary to the requirements of these terms and conditions, will be cancelled and we will refund the customer should we should cancel their order/disqualify.

14. It is your responsibility to ensure that the information provided is accurate, complete and up to date.

15. All items sold during the Promotion Period will be limited to 2 units per customer.

20. Gift Cards

Physical Gift Cards:

1. The Gift Card carries no value unless money is loaded onto the card either in store or electronically. The Gift Card may be used to purchase from any HiFi Corp store in South Africa. Purchases will be deducted from the balance on the Gift Card until there is a zero balance, however the value of the Gift Card balance may be increased at any stage. The Gift Card balance may be checked in store or through the HiFi Corp call centre on 060 459 459. The balance as reflected on the HiFi Corp system will be considered binding. All transactions will be honoured to the maximum value of the Gift Card

2. The HiFi Corp Gift Card is valid for a period of 3 (three) years from date of activation or upon full redemption thereof, whichever occurs earlier. However, where the balance of the Gift Card has been increased then it will remain valid for a period of (3) three years from the date of top-up or upon full redemption thereof, whichever occurs earlier – irrespective of the date of activation.

3. HiFi Corp, it’s owners and it’s duly appointed agents will not be held liable for damage, loss, theft or copying of the original Gift Card, and it will not be held liable for any form of reimbursement or compensation of any nature whatsoever.

4. An electronic Gift Card is an SMS version of the physical Gift Card and the same terms and conditions apply. In addition to the following;

5. Should you not utilize the full value of your Electronic gift card on your first purchase, the balance will be transferred to a physical gift card.

6. The Electronic Gift Card cannot be topped up nor be SMS’d (Transferred) to a third party.

7. Should the Electronic Gift Card be deleted or the Customer’s cellphone lost/stolen, HiFi Corp will be not be liable for any reimbursement of any nature. SMS can be resent, but only to the original number.

8. The usage of the Electronic Gift Card is solely at the risk and discretion of the Customer

9. HiFi Corp will not be held responsible for any cellular network service operator's delay in forwarding an Electronic Gift Card to you

10. The Electronic Gift Card will only be accepted if a valid Electronic gift card number in SMS format is presented to the Cashier

The Gift Card may not be

11. Exchanged for cash; or

12. Used for the payment of an account;

13. no cash change will be given on purchases made with the Gift Card. Security:

14. You are responsible for the safekeeping of your Gift Card. Keep your Gift Card in a safe place as; if stolen, it may still be used to make purchases. Lost or Stolen Gift Cards will not be replaced or refunded. However, should you be in possession of the gift card number, you can call the HiFi Corp call centre Centre on 060 459 459 to report it lost or stolen, we will then block the remaining amount on the Gift Card and transfer it to another Gift Card, available when you next visit a HiFi Corp Store.

General:

15. For all our purchase terms and conditions please refer to our website at www.hificorp.co.za (http//www.hificorp.co.za) Our in store signage, Our customer service help line 060 459 459 or please ask any one of our store managers.

21. Promotions and Competitions

Products and Promotions may not be available at all our outlets. All items, unless specified otherwise may be ordered online at www.hificorp.co.za

Terms and Conditions for Online Promotional Offers

These are the standard terms and conditions for promotional offers conducted or promoted by JD Consumer Electronics and Appliances t/a HiFi Corp

Your – participation in the promotional offer; and/or fulfilment of the conditions pertaining to a promotional offer; constitutes your binding acceptance of these terms and conditions.

Entrance criteria:

1. This promotional offer is exclusive to HiFi Corp online purchases (www.hificorp.co.za).

2. Stocks are limited

3. Customers should log on the HiFi Corp website by strictly using their specific user login details. Use of other person’s login detail will disqualify your order.

4. Online purchases made through several logins and using the same card will disqualify the order

5. Stocks are exclusively limited to 1(one) customer per advertised product/unit. Any other online purchases, which are conducted contrary to the requirements of these terms and conditions, will be cancelled and customer will be refunded should their order be cancelled/disqualified.

6. HiFi Corp reserves the right to restrict and/or decline sales to traders and dealers. The online purchase price has been reduced only for the purpose of this online promotional offer.

7. Prices will return to their standard price on the expiry of this promotional offer or should the limited stock be sold-out.

8. It is your responsibility, as a participant, to ensure that any information which you provide in respect of this promotional offer is accurate, complete and up to date

22. Bundle Deals

HiFi Corp may offer bundle deals for sale during promotional periods. Each Bundle Deal will consist of 2 (two) or more products that are packed or advertised together at one specified price.

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 and applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history.

A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Hard Bundles“). Any saving or discount in respect of a Hard Bundle will be applied only to the total bundle price and not to the prices of the individual component products.

23. Special Order Online Only Products

1. HiFi Corp Goods, Price and Availability of Endless Aisle product offering

2. The products purchased are not available stock and HiFi Corp will specifically order the purchased product.

3. Should HiFi Corp be unable to fulfil any order placed by you at the advertised price due to stock unavailability, you will be notified and you will be entitled to a refund of the amount paid for such goods.

4. Should goods become sold out, we reserve the right to cancel your order and to refund your payment with the inclusion of any applicable delivery fees.

5. Please note that although HiFi Corp endeavours to accurately describe and/or depict each good on the website, some descriptions or photographs may be of a generic nature and not specific to the particular goods you wish to buy. HiFi Corp has made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.

6. Online Only Products are products that may be purchased online only. Online Only Products must be paid for in full before your order can be made and delivered. The turnaround time for Online Only Products deliveries are 5 to 10 working days.

7. Image Disclaimer: Where goods are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a goods bundle. In all other cases images are shown to display goods within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

Delivery

8. Online Only Products are delivered and cannot be collected in store.

9. HiFi Corp delivers within the borders of South Africa only.

10. The Delivery option only commences once the order has been verified and settled.

11. An order will only be settled once payment has been received and "Verified".

12. . Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses ie: deliver to a post box or to any post offices. Please ensure all delivery details, including the postal code, are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors

13. Deliveries are done between 8 am and 5 pm on weekdays and not on Weekends or public holidays.

14. All deliveries are done by FEDEX.

15. Proof of identity may be requested upon delivery.

16. A delay of up to 24 hours may be experienced on deliveries to or from any Outlaying Delivery Areas.

24. Visa Checkout

Important: Please carefully read the Visa Checkout terms of service ("Terms") on www.visa.co.za before using this as a payment method. By registering and creating a VISA CHECKOUT ACCOUNT, you have acknowledged that you understand and agree to all of the terms and have clicked an "I Accept" button OR AN EQUIVALENT INDICATOR with regards to the use of Visa Checkout. Please refer to www.visa.co.za for a full set of VISA CHECKOUT terms and conditions.

By using VISA CHECKOUT as an online payment method, you agree to the following terms and conditions:

1. Any queries relating to your VISA CHECKOUT account, statement or unlawful payments will be directed to VISA CHECKOUT and not HiFi Corp.

2. HiFi Corp is in no way obliged to assist, direct or manage any VISA CHECKOUT concerns, issues or general information requests and no such requests will be entertained.

3. VISA CHECKOUT returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions.

4. HiFi Corp cannot be held liable for the time it takes for your OTP that is required for 3D Secure payments, and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved. For limited stock promotions we recommend that if you are not an existing VISA CHECKOUT user to please select a different payment method.

25. Credit Terms and Conditions

Monthly instalment and total credit price shown include interest as shown, Basic insurance, Initiation fee, Service fee and VAT. Delivery charges, deposit, Comprehensive insurance and extended warranties are excluded. Credit and ''No deposit'' offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN. Minimum Application Requirements: ID Book, latest payslip, 3 months bank statements, monthly expense details and a copy of your Credit Life insurance policy (if you have your own policy) is required when taking up a personal loan. If you do not have your own Credit Life insurance, you will be required to take out a policy with us before the loan amount can be approved. Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as HiFi Corp, Abacus Life Ltd and Abacus Insurance Ltd.Any free gift offers or promotional offers linked to a credit application might be withdrawn at the discretion of HiFi Corp.  The free gift card can only be used against your next purchase and is not exchangeable for cash

Quick On-Line Credit App is subject to your acceptance of the Ts & Cs set out herein.  By clicking on the tick-box provided, you acknowledge that you have read and understand the use of website Ts &Cs as well as Quick On-Line Credit App Ts&Cs and agree to be bound by them.

These Ts&Cs must be read together with our website Terms of Use, a copy of which can be found at www.hificorp.co.za or may be requested from us by email or calling our call centre.

Quick Online Credit App Process

By completing and submitting this Quick On-Line Credit App, you:

1. Confirm that you have read and understand these Ts&Cs, the meaning and that the Quick On-Line Credit App is subject to a full credit application Ts&Cs which includes an affordability assessment as required by the National Credit Act, as amended (“NCA”);

2. Confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;

3. Confirm all information that you provide us is truthful, complete, accurate and correct. You must immediately notify us if any of your information changes;

4. Confirm you are capable and have the capacity to apply for credit and to enter into a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the age of 18 and obtained written consent from your spouse or civil partner (where applicable);

5. Consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App including any Credit Bureau and other agencies, as permitted by law,

Once you receive confirmation that you qualify for credit, confirmation of which you will receive by way of email and/or sms you are required to visit any Hi Fi Corp store, quote your ID number and complete a full credit application.  Minimum full credit application Ts &Cs include:

6. ID Book, or Official Residential Permit for non-RSA nationals;

7. latest payslip;

8. 3 (three) months bank statements;

9. monthly expense details and your household content insurance and/or Credit Life policy documents;

10. These requirements are dependent on your employment status and risk profile.  INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.

11. The Quick On-Line Credit App is subject to the verification of the identification of the applicant and applicant being above the age of 18, who is in possession of a valid identity document or passport. 

12. Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from the date you receive confirmation that you qualify for credit via email and/or sms and provided you supply the same information at the time of the Quick On-Line Credit App as in-store application.

Disclosures and Consent

 Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as HiFi Corp

You consent to and agree that Pepkor Trading (Pty) Ltd is to access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:

13. make enquiries to obtain or confirm your credit profile and repayment behaviour;

14. to supply and/or submit any information about you or provided to us by you;

15. seek, verify and receive information from any credit bureau or third party (with whom you have financial relations at any time) when assessing your quick online credit app or your creditworthiness,

16. to disclose the above information as required in law; and

17. to retain records of your personal and credit information in any database in accordance with the provisions of the NCA.

18. You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness.  We cannot be held responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.

 Privacy & Information Security Policies

19. You agree to keep your information safe and to not disclose it to any unauthorised third party. You further agree that we cannot be held liable for any damages or loss sustained by you as a result such information becoming known to third parties, whether through your actions or through fraud, malware or phishing.

20. We reserve the right to suspend any account that we believe may have been compromised accordingly.

21. You must notify us immediately if you believe that your information has been processed without your permission. You can contact us on our call centre number or e-mail us as per details below.

Law

22. This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa.

23. In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you.  We do not sell any products via this Quick On-Line Credit App and accordingly, the provisions of ECTA relating to electronic transactions in this regard do not apply in respect of the Quick On-Line Credit App.

24. You have the right to resolve any dispute that may arise between us by way of alternative dispute resolution, or to file a complaint with the National Credit Regulator, or to make an application to the Tribunal as per details below.

25. Subject to the provisions of the NCA, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page of these Ts&Cs and will supersede and replace any previous Ts&Cs.

26. No indulgence or extension of time which either you or us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

27. We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Ts&Cs without notice to you.

28. All provisions of these Ts&Cs are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Ts&Cs which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.

Contact Details

The following contact details are hereby disclosed:

29. Customer Care: 010 211 1120 or [email protected] Operating hours: Monday - Friday 08h00 - 17h00 and Saturdays 08h00 - 13h00

30. Credit Ombudsman: 086 1662 837

31. National Credit Regulator: 086 062 7627

32. Credit Bureau: 086 1128 364

26. External Social Media Policy

1. Introduction

We operate various social media communities on various social media services and are glad to have you as a community member. We encourage you to publish content and interact with us and other community members through our communities.

2. Communities

This policy applies to your conduct on any of our communities on any social media service. Social media is a broad term that covers any existing or future digital tool or other kind of technology that allows one person to publish the same message to many people in a public or semi-public forum at the same time using the Internet or a similar communications network.

3. Not our View

We’re always glad to hear from you and encourage you to engage through our social media communities, but what you and other community members publish on our social media communities do not necessarily reflect our views. In fact, the views you and other community members express are yours or theirs alone and not ours.

4. Response Time

We will do our best to reply to anything that you publish to our social media communities or send directly to us through social media within a reasonable time, but there may be times when we take longer to reply to you. We generally moderate our social media communities from 08h00 to 17h00 on weekdays other than public holidays. We also generally have reduced hours for replying to anything published after hours, on the weekend, or on public holidays. We may also sometimes only reply to these on the next available working day. However, we are not liable for responding within an unreasonable time or failing to respond to you at all.

5. No Endorsement

We appreciate it when you post content to our social media communities and we may acknowledge it with a ‘like’, ‘retweet’, ‘favourite’, or other way of acknowledging it depending on the particular social media service you published it on. But, the mere fact that we acknowledge something you publish does not mean that we endorse it in any way. We only endorse something if we explicitly say that we do in writing.

6. Prohibited Conduct

We believe in freedom of speech and we encourage you to conduct yourself as you please (within reason) on our social media communities, provided that it doesn’t amount to abuse. You’re allowed to respectfully disagree with someone, but you’re not allowed to attack them personally. You may not engage in any of the following prohibited conduct:

7. discrimination, which means treating someone in a certain way based on prejudice – like racism, homophobia, bigotry, or other kinds of prejudice.

8. hate speech, which means attacking someone based on their attributes – like their gender, ethnicity, religion, race, disability, or sexual orientation;

9. harassment, which means harming someone or threatening to harm them – like bullying, intimidation, or stalking; or

10. trolling, which means a specific way of harassing someone online by intentionally sowing discord, starting arguments, or publishing objectionable content.

11. Prohibited Content

We look forward to having your content on our social media communities and want you to feel empowered to publish anything within reason. But, you may not publish any prohibited content including:

12. illegal content that is prohibited by law – like child pornography, pirated content, or content that otherwise infringes someone else’s copyright or other rights;

13. harmful content that could cause harm to someone – like defamatory comments, fraudulent claims, or untrue statements;

14. offensive content that could reasonably offend someone – like pornography, obscenities, or anything intended to shock someone; or

impermissible content – contrary to any codes or standards that we subscribe to and make you aware of. Competitions We run promotional competitions through social media from time to time. These promotional competitions are regulated by rules that determine what entries we accept, how we randomly select winners, and how the competition is monitored by auditors or other monitoring parties. The law requires us to have these rules and to appoint an external party to oversee that the competition is conducted fairly and according to the rules. A copy of the rules is available to you on request if you are an entrant or available on our websites. You may not engage in any of the following prohibited conduct:

15. unjustified outcries, which means strong expressions of public disapproval or anger based on false assumptions – like “The competition was rigged!” (our competitions are run strictly in accordance with the law and any baseless claim to the contrary is defamation against us);

16. discriminatory objections, which means negative comments about the competition or its results based on attributes of the individual entrants or winners, including their gender, ethnicity, religion, race, disability, or sexual orientation – like “I can’t believe only [insert attribute here] people won!” or “Not even a single [insert attribute here] person won!” (anyone is allowed to enter our competitions and winners are randomly chosen by computer software under the supervision of an external party – no one has any control over who wins or who does not and there may be multiple winners with a single attribute and none with yours); and

17. prohibited discussions, which means certain aspects of promotional competitions that we are not allowed to talk to you about in terms of our promotional competition rules, like the personal details of the winners. We also advise you not to share personal information on any public platform. Rather send us a private inbox message to keep your personal details safe.

18. Report

Unfortunately, other community members may not abide by this policy and you may have to report them to us. You should not feel bad about reporting your fellow community members if you have a legitimate reason to think that they have breached this policy, particularly if they have done something to negatively affect you. However, you should not report anyone lightly. Any use of our reporting facility to censor discussion may itself be regarded as a breach of this policy.

Moderation

Each social media community has features that allow us to edit or completely remove published content under certain circumstances. We value your contributions to our communities and will never use these features to edit or remove content you publish unnecessarily. But, as the moderator of our social media communities we are responsible for overseeing their content. We have complete discretion to edit or remove anything you publish on our social media communities that we think is inconsistent with this policy without notice to you. We may also impose filters on our social media communities depending on the features of the relevant social media service that prevent you and other community members from posting content containing certain keywords in the first place. We may moderate any of the following things as described above among others:

19. anything that is not relevant to a social media community or the conversation in question;

20. anything that results from prohibited conduct, including discrimination, hate speech, harassment, or trolling;

22. prohibited content, including content that is illegal, harmful, offensive, or impermissible; or

23. prohibited promotional competition related content, including unjustified outcries, discriminatory objections, or prohibited discussions

24. Queries and Reinstatement

If we have removed anything that you have published, you may ask us for reasons why it was removed. We will do our best to inform you of the reason for removal, but are not required to do so. We also need not tell any other community members why we have decided to remove your content. Unfortunately, there may be times when we cannot give detailed legal reasons for why we have decided to remove anything you publish. We will only reinstate your removed content if we have a compelling reasons to do so.

25. Recourse

There may come a time when you or another community member breaches this policy in a way that calls for action from our side. We have absolute discretion to take action if we deem you to have breached this policy and may take recourse against you in the form of a suspension or a ban.

26. Suspension

We may suspend your right to participate in any of our social media communities if you do not comply with this policy, which means that you will not be able to access it for a period of time. Some social media services do not allow the temporary suspension of community members, in which case we may ban you instead.

27. Bans

We may ban you from any of our social media communities outright under extreme circumstances, which mean that you will not be able to access it for the foreseeable future.

28. Other Accounts

We may also ban or suspend any other social media accounts that we suspect you to be operating through after we have taken recourse against you through your initial account.

29. Appeals

If we have suspended or banned you, you may appeal to us to reinstate your access to a social media community. We will provide you with steps to take to ask to be reinstated by email if we decide to suspend or ban you so that the process is as just and equitable as possible.

30. Third Party Links

Links on our social media communities may lead you to third-party websites. Third-parties other than us control these websites. We are not responsible for the content on those sites.

27. Electronic Software Download and Electronic Voucher Download

Microsoft Office Home , Business, Microsoft Office MAC Home & Student 2016,Microsoft Office Professional &Microsoft Visio Standard

You must accept the License Agreement, www.microsoft.com/useterms . Activation required. Product Key cannot be replaced and cannot be redeemed for cash. Non-commercial use. System Requirements: Microsoft account. Internet access (fees may apply) . Some features may require additional hardware. 1280 x 800 screen resolution. PC: Windows 7 SP1 to Windows 10, 32-bit or 64-bit OS only. 1 GHz processor with SSE2 support. 2 GB RAM . 3 GB available disk space. Mac: Intel processor. Mac OS X version 10.10. 4 GB RAM . 6 GB available disk space. Mac OS Extended partition. Mac and Mac OS are trademarks of Apple Inc.

Microsoft WIN 10 PRO & Microsoft WIN 10 HOME

Once redeemed to your South African Microsoft account, the full code value will be applied and may be used for eligible purchases (exclusions apply) made directly at select Microsoft digital stores. Eligible purchases and prices vary by region, device, and over time. Geography limitations, country and balance restrictions, taxes, and Internet connection fees may apply. Paid subscriptions required for some content. You Must be 13+. Except as required by law, codes cannot be redeemed or exchanged for cash and are not reloadable or refundable. To create a new Microsoft account or to read full terms and conditions (which may change without notice), go to www.microsoft.com/cardterms. Void where prohibited or restricted by law. Cards and codes issued by Microsoft Corp, a Washington Corporation, and/or its affiliates. Microsoft Corporation - One Microsoft Way - Redmond, WA 98052-6399 ? USA

Microsoft Visio Professional

You must accept License Agreement, www.microsoft.com /useterms. Activation Required. Product cannot be replaced if tampered or activated, and cannot be redeemed for cash. System Requirements: Microsoft account. Internet access (fees may apply). Some features may require additional hardware or services. Windows 7 SP1 to Windows 10, 32-bit or 64 bit OS only. 1 Hz processor with SSE2 support. 2 GB RAM. 3 GB available hard disk space. 1280 x 800 screen resolution

Google Play Variable Online ZA

"Valid only for South Africa residents age 13+. Use requires Google Payments account and internet access. Valid for purchases on Google Play only. Not usable for hardware and subscriptions unless specifically noted, see full terms for details. No fees or expiration, subject to full terms. No refunds, any applicable credits will be added to Google Play balance for gift cards for future use. Gift card is not a deposit instrument. Not redeemable for cash or other cards; cannot be applied to credit accounts; not reloadable; cannot be combined with non-Google Play balances, resold, exchanged or transferred for value. Upon purchase user assumes risk of loss, unauthorized use, title for card and should exercise care in this regard. Google Payments account may be suspended or terminated if fraud is suspected. For help or to view balance visit support.google.com/googleplay/go/cardhelp . 2016 Google Payment Corporation. All rights reserved.

Microsoft XBOX

Once redeemed to your South African Microsoft account, the full code value will be applied and may be used for eligible purchases (exclusions apply) made directly at select Microsoft digital stores. Eligible purchases and prices vary by region, device, and over time. Geography limitations, country and balance restrictions, taxes, and Internet connection fees may apply. Paid subscriptions required for some content. You Must be 13+. Except as required by law, codes cannot be redeemed or exchanged for cash and are not reloadable or refundable. To create a new Microsoft account or to read full terms and conditions (which may change without notice), go to www.microsoft.com/cardterms. Void where prohibited or restricted by law. Cards and codes issued by Microsoft Corp, a Washington Corporation, and/or its affiliates. Microsoft Corporation - One Microsoft Way - Redmond, WA 98052-6399 USA

AlwaysOn Digital

The use of this prepaid voucher constitutes acceptance of the following Terms and Conditions. To redeem this card go to www.alwayson.co.za or call 0861 468 7768. This prepaid card may not be redeemed for cash and no credit balance will be given as change. Data is valid for 60 days from redemption of voucher number only usable in an AlwaysOn WiFi hotspot",

UBER Rider

You will be issued a voucher containing a promotional code. Successful redemption of the promotional code will be subject to applicable terms and conditions Link: www.uber.com/legal/terms/za

PlayStation Wallet

This voucher code is issued by Sony Interactive Entertainment Network Europe Limited and is redeemable only against the issuer by users holding a SEN account (previously known as PlayStation? Network account) registered in South Africa. User must be aged 7 or over and require parental consent if under 18. SEN accounts are subject to the PlayStation? (PSN) Terms of Service. Access to the PlayStation, Plus content/services to which this voucher code relates is subject to the PSN Terms of Service and any specific additional conditions applying to content/services available via the subscription including the Software Usage Terms. PlayStation, Plus content/services vary by subscriber age. Online features of specific games may be withdrawn on reasonable notice www.playstation.com/gameservers .Service availability is not guaranteed. If you do not wish to accept these terms, do not purchase this voucher code.

Deezer 1 Month Subscription Digital

This code can only be used once and gives you access to Deezer Premium+ for 1 month. It is the user's responsibility to check for compatible devices. This product requires data, which is not included. This code must be redeemed within twelve months of the purchase date, or it will expire. Deezer shall not be held liable for any losses or damages resulting from the loss or theft of the code by any third party. In order to use this code, you must be registered or register, and have accepted the Terms of Use of the Deezer offer. Registration is only open to residents of South Africa over 18 years old or subject to parental permission. Content of the service may change subject to the music catalogues available at the time of activation. Any use of the service must be strictly personal,lawful and within family context. Trademarks are owned by Deezer, For more information, contact customer support on www.deezer.com/help.Full terms and conditions can be found at www.deezer.com

MyTopDog DIG

This virtual voucher is issued by Top Dog Internet Sales (Pty) Ltd trading as MyTopDog. This virtual voucher can only be used once on the website www.mytopdog.co.za Once redeemed, it gives you access to the learning material for the subject of your choice for a period of 1 month. In order to access the learning material on the MyTopDog website you must have access to the internet. This product requires wifi access or data, which is not included. This virtual voucher cannot be exchanged, refunded or returned even in a case of loss, theft or damage. You may not resell this virtual voucher. This virtual voucher expires within 12 months from the day you purchased it. MyTopDog shall not be liable for any losses or damages as a result of loss, theft, damage or fraudulent use of the virtual voucher by any third party. You must register as a user in order to use this virtual voucher and by so doing you accept the terms and conditions at www.mytopdog.co.za

Electronic Software Download:

This item does not contain a disc; it is a product key that will be emailed to you and that requires a download from Office.com. You will receive a separate email with the link and activation code to download the software after placing your order. Vouchers and or Voucher codes cannot be redeemed or exchanged for cash and are not reloadable or refundable.

Digital Voucher:

This is a prepaid voucher code that can be redeemed for services against the applicable issuer. You will receive a separate email with your redemption code and instructions after placing your order. Broadband, Wi-Fi or 3G internet connection required (system dependent). User responsible for internet connection fees. Vouchers and or Voucher codes cannot be redeemed or exchanged for cash and are not reloadable or refundable.

28. Gift Card Terms and Conditions

1. Physical Gift Cards:

1.1. The Gift Card carries no value unless money is loaded onto the card either in store or electronically. The Gift Card may be used to purchase from any HiFi Corp store in South Africa. Purchases will be deducted from the balance on the Gift Card until there is a zero balance, however the value of the Gift Card balance may be increased at any stage. The Gift Card balance may be checked in store or through the HiFi Corp call centre on 060 459 459. The balance as reflected on the HiFi Corp system will be considered binding. All transactions will be honoured to the maximum value of the Gift Card

1.2. The HiFi Corp Gift Card is valid for a period of 3 (three) years from date of activation or upon full redemption thereof, whichever occurs earlier. However, where the balance of the Gift Card has been increased then it will remain valid for a period of (3) three years from the date of top-up or upon full redemption thereof, whichever occurs earlier – irrespective of the date of activation.

1.3. HiFi Corp, it’s owners and it’s duly appointed agents will not be held liable for damage, loss, theft or copying of the original Gift Card, and it will not be held liable for any form of reimbursement or compensationof any nature whatsoever.

2. Electronic Gift Cards:

2.1. An electronic Gift Card is an SMS version of the physical Gift Card and the same terms and conditions apply. In addition to the following;

2.2. Should you not utilize the full value of your Electronic gift card on your first purchase, the balance will be transferred to a physical gift card.

2.3. The Electronic Gift Card cannot be topped up nor be SMS’d (Transferred) to a third party.

2.4. Should the Electronic Gift Card be deleted or the Customer’s cellphone lost/stolen, HiFi Corp will be not be liable for any reimbursement of any nature. SMS can be resent, but only to the original number.

2.5. The usage of the Electronic Gift Card is solely at the risk and discretion of the Customer

2.6. HiFi Corp will not be held responsible for any cellular network service operator's delay in forwarding an Electronic Gift Card to you

2.7. The Electronic Gift Card will only be accepted if a valid Electronic gift card number in SMS format is presented to the Cashier

3. The Gift Card may not be:

3.1. exchanged for cash; or

3.2. Used for the payment of an account; or

3.3. be exchanged for cash

3.4. no cash change will be given on purchases made with the Gift Card.

4. Security:

4.1. You are responsible for the safekeeping of your Gift Card. Keep your Gift Card in a safe place as; if stolen, it may still be used to make purchases. Lost or Stolen Gift Cards will not be replaced or refunded. However, should you be in possession of the gift card number, you can call the HiFi Corp call centre Centre on 060 459 459 to report it lost or stolen, we will then block the remaining amount on the Gift Card and transfer it to another Gift Card, available when you next visit a HiFi Corp Store.

5. General:

5.1. For all our purchase terms and conditions please refer to our website at www.hificorp.co.za (http//www.hificorp.co.za) Our in store signage, Our customer service help line 060 459 459 or please ask any one of our store managers.

29. Mobicred

1. Mobicred is a simple and convenient online credit facility that allows you to shop on credit at www.hificorp.co.za and repay the amount in monthly instalments.

Interest is charged at 20.75% per year. Please note the annual interest rate is subject to change

As a revolving credit facility, Mobicred repayments are calculated as 10% of the account balance plus fees. These fees will be confirmed with you by Mobicred on opening your Mobicred account and could entail the following:

1.1. Monthly service fee of R35 (ex VAT)

1.2. Once off account initiation fee ranging from R100-R500 (ex VAT), depending on the facility granted

1.3. Note that the monthly payment amount displayed is indicative only and based on 12 monthly instalments excluding any Mobicred fees.

1.4. Please refer to www.mobicred.co.za/terms-and-conditions/ for Mobicred’s terms and conditions.

2. By using mobicred as an online payment method, you agree to the following terms and conditions:

2.1. Any queries relating to your mobicred account, debit order, statement or credit limit will be directed to mobicred using [email protected] or 08600 62733

2.2. HiFi Corp is in no way obliged to assist, direct or manage any mobicredit concerns, issues or general information requests and no such requests will be entertained

2.3. By applying for mobicred credit, you accepted all mobicred Terms and Conditions and no claim can be made against HiFi Corp in any mobicred credit related regard

2.4. Mobicred returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions

2.5. You will not be refunded in cash for any mobicred transaction. Your credit limit with mobicred will be credited and affected

2.6. For the time limitation on the reflection of available funds, please refer to www.mobicred.co.za

2.7. HiFi Corp cannot be held liable for the time it takes for your application to be approved and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved.

2.8. For limited stock promotions we recommend that if you are not an existing Mobicred user to please select a different payment method

31. Payflex-Customer

Thank you for visiting our website and considering the use of our services and products. This agreement sets out the terms and conditions relating to the provision of our Payment Services.

Please ensure that you read this agreement carefully and pay special attention to all terms in bold. By clicking accept you agree to be bound by these terms and conditions and our Privacy Policy.

Please also note that these terms and conditions may change from time to time. If the terms and conditions are amended, you will be required to click accept again when you make use of our Payment Services.

1. DEFINITIONS

1.1. In this Agreement, unless the context otherwise requires:

1.1.1. “Agreement” means this entire agreement.

1.1.2. “Business Day” means any day or other than a Saturday, Sunday or official public holiday in South Africa.

1.1.3. “Card” means a valid credit or debit card issued by a South African bank in your name.

1.1.4. “Customer”/”you”/”your” means the person who makes use of the Payflex Platform to purchase Goods from a Retailer;

1.1.5. “Default Fee” means the fee of R65.00 (including VAT) charged if you miss an Instalment Payment or part thereof is unpaid, and which will be charged weekly for a maximum of 3 (three) charges until your overdue balance is paid in full.

1.1.6. “Default Interest” means the interest charged on an overdue balance (excluding Default Fees) at a rate of 2.00% per month once the Instalment Plan is deemed to be an incidental credit agreement in accordance with the NCA.

1.1.7. “Goods” means the goods or services that you are buying from the Retailer Site.

1.1.8. “Instalment Plan” means the two weekly payment plan for the Purchase Price of your Goods, showing the amounts due by you, including any Default Fees, and the date on which such amounts are due, and described on the Payflex Platform as the instalment schedule.

1.1.9. “Instalment Payment” means a periodic payment detailed in the Instalment Plan.

1.1.10. “NCA” means the National Credit Act 34 of 2005, together with its regulations, as amended from time to time

1.1.11. “Payflex”/”we”/“us”/”our” refers to Payflex Proprietary Limited, a private company with limited liability duly incorporated under the laws of South Africa, with registration number 2017/406318/07;

1.1.12. “Payflex Platform” means the proprietary technology platform developed by Payflex for purposes of providing the Payment Services;

1.1.13. “Pay-Later Service” means the service offered by Payflex that, subject to the approval by Payflex, allows Customers to pay the Purchase Price over an Instalment Plan;

1.1.14. “Payflex Website” means www.payflex.co.za;

1.1.15. “Payment Service” includes the Pay-Now Service and the Pay-Later Service, and any other service that may be offered to Customers by Payflex;

1.1.16. “Pay-Now Service” means the service offered by Payflex that allows Customers to pay the Purchase Price in full in a single payment;

1.1.17. “Personal Information” has the meaning assigned thereto in POPI;

1.1.18. “POPI” means the Protection of Personal Information Act 4 of 2013;

1.1.19. “Privacy Policy” means the privacy policy as set out on the Payflex Website, as amended from time to time;

1.1.20. “Processing” has the meaning assigned thereto in POPI and “Process” and “Processed” shall have corresponding meaning;

1.1.21. “Privacy Policy” means the Payflex privacy policy accessible on the Payflex Website.

1.1.22. “Purchase Price” means the full purchase price (inclusive of VAT) payable in respect of any Goods purchased by a Customer, including any delivery or other costs included in the price;

1.1.23. “Refund” means a refund of a Purchase Price;

1.1.24. “Retailer” means the retailer who has integrated the Retailer Site with our Payflex Platform in order to provide the Payment Services.

1.1.25. “Retailer Site” means the e-commerce or physical site of the Retailer.

2. THE PAY-LATER SERVICE

2.1. Upon acceptance of your request for the Pay-Later Service on our Platform, we undertake to pay the Retailer the Purchase Price for the Goods you have selected to purchase on your behalf, and you agree to pay us in accordance with the Instalment Plan, subject to the terms and conditions contained in this Agreement.

2.2. The Goods that you have purchased are governed by the relevant terms and conditions and policies of that Retailer. Your agreement in respect of the Goods is with the Retailer. Your agreement in respect of the Instalment Plan is with us.

2.3. Once you have entered into an Instalment Plan, we cannot amend or cancel any such plan without written confirmation from the Retailer in accordance with clause 10 (Refund Arrangements).

3. THE PAY-NOW SERVICE

3.1. Upon acceptance of your request for the Pay-Now Service on our Platform, we undertake to settle the Retailer for the Purchase Price for the Goods you have selected to purchase and paid for, subject to the terms and conditions contained in this Agreement.

3.2. The Goods that you have purchased are governed by the relevant terms and conditions and policies of that Retailer. Your agreement in respect of the Goods is with the Retailer.

4. OUR OBLIGATIONS AND ACKNOWLEDGEMENTS

4.1. If your request for the Pay-Later Service is approved, Payflex shall pay to the Retailer the Purchase Price for the Goods on your behalf.

4.2. Where you have entered into an Instalment Plan, we will continue to fulfil our obligations to you unless the Instalment Plan is terminated in accordance with this Agreement.

4.3. We do not guarantee access to the Pay-Later Service and reserve the right to decline your request for the Pay-Later Service at our sole discretion, even if you have previously paid your instalments in full and on time on other transactions.

4.4. Our discretion will always be exercised reasonably.

5. YOUR OBLIGATIONS AND UNDERTAKINGS

5.1. In respect of the Pay-Later Service:

5.1.1. In return for us paying the Retailer the Purchase Price on your behalf for the Goods, you agree to pay us in accordance with the Instalment Plan plus any applicable Default Fees charged when an Instalment Payment is not received on time or paid in full, subject to the conditions set out in clause 8 (Missed Payment) below.

5.1.2. You confirm that all of the information that you provide to us is true, complete, accurate and correct, and that you will immediately notify us if any of this information changes.

5.1.3. If your application is not complete or if you don’t provide us with any required documentation, we may contact you to obtain the required information or documentation, or we may approve or decline your application.

5.1.4. You confirm that you:

5.1.4.1. are a permanent resident of South Africa;

5.1.4.2. are over 18 years of age;

5.1.4.3. lawfully reside in South Africa on a permanent basis;

5.1.4.4. are permanently employed or self-employed in South Africa;

5.1.4.5 are not currently over-indebted;

are not going through financial difficulty;

5.1.4.7. have not been declared you mentally ill or unfit by a court;

5.1.4.8. have not applied for or are currently under administration, provisional or final sequestration or debt review;

5.1.4.9. have a valid debit or credit card issued by a South African bank in your name.

5.1.5. You unconditionally and irrevocably agree that we are entitled to debit your Card account in accordance with the Instalment Plan, including any Default Fees.

5.1.6 You agree to have sufficient funds available in your Card account to cover all Instalment Payments when due in full, or alternatively to pay the Instalment Payments in full before the due date.

5.1.7. You agree to pay all amounts due under the Instalment Plan irrespective of any issue or dispute with respect to the Goods or the Retailer, regardless of whether you currently own or have the Goods in your possession.

5.1.8. You agree that each Instalment Plan entered into is a new transaction and that your use of the Payflex Platform and the Payment Services is at our discretion, and that there is no guarantee that the Payflex Platform or the Payment Services will be available for any purchase of Goods.

5.1.9. You agree not to apply any set-off or other deduction from any Instalment Payment for any reason including any dispute or issue you may have with the Retailer, the Retailer Site or in relation to the Goods supplied by the Retailer.

5.2. You are liable for any fees or costs that your bank may charge you when payment is made using your Card.

5.3. You agree that we are not responsible for the delivery, suitability or quality of any Goods you have elected to purchase and you agree to contact the Retailer in the event of any issue with the Goods or if you wish to return any Goods.

5.4. You agree to keep your account details and password private and confidential, and that you are responsible for any orders placed using your account details and any unauthorised use of your account.

5.5. You agree to contact us immediately if you reasonably suspect that your account may have been used or will be used by a unauthorised third party or if you suspect fraudulent activity on your account.

6. RETAILERS

6.1. We do not guarantee and have no responsibility for:

6.1.1. the suitability, quality or delivery of any Goods purchased by you from the Retailer; or

6.1.2. the availability of any Goods,

all of which are the responsibility of the Retailer.

6.2. Any dispute that you have about the Goods (including but not limited to the return of Goods) must be resolved directly with the Retailer.

6.3. We will not be liable to you if any Retailer refuses to accept our Payment Services for any Goods purchased. You will not have the right to claim anything from us or to institute any counterclaim against us or to apply set-off against us on this basis or any other basis whatsoever.

6.4. You cannot withhold any payments on the Instalment Plan as a result of any disputes that you may have with the Retailer.

6.5. If you have a dispute with a Retailer, that dispute will not entitle you to:

6.5.1. instruct us to refuse to pay the Retailer for Goods purchased by you; or

6.5.2. refuse to pay us for payments already made to the Retailer, irrespective of whether such payment was made in respect of the Goods that are the subject-matter of a dispute, or

6.5.3. instruct us to reverse a payment already made to the Retailer.

7. INTEREST AND FEES

7.1. fees or interest will be charged in respect of the Instalment Plan, provided that all Instalment Payments are paid in accordance with the Instalment Plan.

7.2. No fees will be charged to open or use a Payflex account.

7.3. Default Fees and Default Interest will be charged in accordance with clause 8 and 9 below if an Instalment Payment is not paid in full on the due date as detailed in the Instalment Plan.

8. MISSED PAYMENT

8.1. The Instalment Plan provided to you will serve as the account for the payments required under the Instalment Plan and will indicate the due date for each Instalment Payment to be made.

8.2. If we have not received an Instalment Payment on its due date, then we will automatically charge a Default Fee to the Instalment Plan and will continue to charge an additional Default Fee every week thereafter, until either (i) we have received full payment on your outstanding balance (including any Default Fees) or (ii) you have been charged a maximum of three (3) Default Fees on an Instalment Plan.

8.3. In the event that we are unsuccessful in obtaining payment from your Card account on the due date, you authorise us to take payment of an Instalment Payment including any Default Fees from your Card account 3 (three) days after the original due date and if that is not successful, 7 (seven) days after the original due date.

8.4. We reserve the right to further try and recoup any Instalment Payment and any Default Fees at any later dates.

8.5. Payflex reserves the right, in its absolute discretion to waive or defer any Default Fees. Any express election we make to temporarily or permanently waive payment by you of a Default Fee or other amount due to us under an Instalment Plan does not imply a waiver of any other amount due and we reserve all rights to make demand for such amounts.

8.6. Total Default Fees charged shall be capped at the lower of R195.00 (including VAT) or 50% of the Purchase Price (including VAT).

9. OVERDUE AMOUNTS

9.1. If there is an unpaid balance on your Instalment Plan post the final Instalment Payment date then:

9.1.1. we may charge Default Interest on any overdue amount (excluding Default Fees) once the Instalment Plan is deemed to be an incidental credit agreement in accordance with the NCA.

9.1.2. Default Interest will be calculated on a daily basis and added to the outstanding balance (in other words, compounded) on a monthly basis.

9.1.3. To the extent permissible in law, you may also be charged default administration charges and collections costs incurred.

9.2. We may approach a court to take judgment against you for the debt owed by you to us in terms of this agreement. If we do, a certificate signed by any one of our managers (whose appointment and authority need not be proved) stating the amount that you owe us and the applicable interest rate, shall be accepted as sufficient proof of your indebtedness and shall be deemed correct unless you are able to prove otherwise.

9.3. The address that you gave us when registering for the Pay-Later Service application is the address that you choose where legal documents may be served on you. If we are able to serve documents on you electronically, the e-mail address that we have on record for you will be used. If you wish to change your physical address, e-mail address and/or cellphone number, you must give us notice hereof and any such change will take effect 7 Business Days after we receive such notice.

9.4. If you have a query or complaint, contact our customer services department at [email protected] a resolution. If you are not satisfied with the outcome of your query or complaint, you have the right to resolve the matter by way of alternative dispute resolution. If this Agreement becomes an incidental credit agreement, you can file any complaints with the National Credit Regulator (contact number 0860 627 627) or make application to the National Credit Tribunal.

10. REFUND ARRANGEMENTS

10.1 Any full or partial return of the Goods is subject to the Retailer’s returns policy and applicable laws and must be settled with that Retailer.

10.2. We will only amend an Instalment Plan and process a Refund once the Retailer has requested us to do so in writing.

10.3. The Instalment Plan is automatically adjusted by the Payflex Platform by applying the refund amount to the last instalment first and working backwards to the other instalments.

10.4. For full refunds, the refund amount will be equal to the sum of instalments paid to date

10.5. For partial refunds, if the refund amount is greater than the instalments still due, then we will refund you the difference and mark the Instalment Plan as paid up; if the refund amount is less than the instalments still due, then we will adjust the Instalment Plan accordingly to reflect the revised amount still due.

10.6. Where a cash refund is due to you, we will credit your Card account, which may take up to 7 (seven) Business Days to reflect on your Card account.

10.7. If a Retailer refunds you directly in cash, vouchers or the like, you will remain responsible for payment of the Instalment Plan, notwithstanding such refund.

10.8. You can view your revised Instalment Plan on the Payflex Customer Portal.

11. PERSONAL INFORMATION

11.1 Your privacy is very important to us and we will use reasonable efforts in order to ensure that any information, including Personal Information, provided by you, or which is collected from you or third parties, is stored in a secure manner.

11.2. You undertake to furnish us with all information, including Personal Information, and/or documentation required by us.

11.3. You agree to give honest, accurate and current Personal Information about yourself to us and to maintain and update such information when necessary and you agree to indemnify us against any losses or harm we may incur as a result of our reliance on inaccurate information about you provided to us.

11.4. You agree and consent that we may transmit to registered credit bureau(s) information concerning –

11.4.1. this Agreement and the termination thereof; and

11.4.2. any non-compliance by you with the terms of this Agreement.

11.5. You acknowledge that such credit bureau(s) may provide a credit profile and possibly a credit score on your creditworthiness. You have the right to contact such credit bureau(s), to have the credit record(s) disclosed and to correct any inaccurate information.

11.6. You agree that we may seek information from any credit bureau when assessing your application, and at any time during the existence of this Agreement.

11.7. You acknowledge and expressly consent that we may Process your Personal Information:

11.7.1. to verify information that you provided to us and generally make whatever enquiries we may deem necessary from any source whatsoever;

11.7.2. to conclude this Agreement and for purposes of providing the Payment Services to you and complying with your instructions;

11.7.3. to prevent, detect and report fraudulent and criminal activities and to identify the proceeds of unlawful activities and combat money laundering activities and to assist law enforcement agencies in this regard;

11.7.4. to comply with any obligation imposed by applicable laws on us, including statutory and regulatory requirements in respect of the storage and maintenance of documents and information;

11.7.5. to comply with valid requests for information, including subject access requests and requests in terms of the Promotion of Access to Information Act 2 of 2000;

11.7.6. to comply with information requests by regulators or bodies lawfully requesting the information (e.g. tax authorities);

11.7.7. to assess Customer complaints;

11.7.8. to provide information to you about products or services which may be of interest to you; and

11.7.9. for internal purposes such as training and monitoring.

11.8. Unless you object, we may share your Personal Information with third parties, including business partners, where it is in our or their legitimate interests to do so, and, if permitted in terms of relevant laws, for purposes of direct marketing.

11.9. You have the right to access your Personal Information held by us. We shall provide you with such access during office hours within a reasonable time after receiving a written request for access.

11.10. You acknowledge that any Personal Information supplied to us is provided voluntarily and that we may not be able to comply with our obligations under this Agreement if you do not provide the required personal information to us.

11.11. By submitting any Personal Information to us in any form you further acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the Processing, including the storage, of such Personal Information by us under any applicable law in the manner contemplated in clause 11.7 above. This consent is, in the absence of any written objection received from you, indefinite and/or for the period otherwise required in terms of any applicable law.

11.12. Should you believe that we have utilised your Personal Information contrary to applicable law, you agree to first resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator.

12. OUR COMMUNICATIONS WITH YOU

12.1. If we need to contact you we may call or text your mobile number or contact you through the email or physical address that you have provided.

13. INTELLECTUAL PROPERTY

13.1. All intellectual property in our Payflex Platform, including any content, images, logos or graphics are owned by us. You must obtain our written permission if you wish to use any such intellectual property.

14. ASSIGNMENT

14.1. You may not cede your rights or delegate your obligations or otherwise assign, novate or transfer your rights and obligations under this Agreement, the Instalment Plan or any Instalment Payment without our consent, which may be withheld in our absolute discretion.

14.2. We may cede our rights and delegate our obligations or otherwise assign this Agreement, any right in this Agreement, or any Instalment Plan or any Instalment Payment to a third party without your consent.

15. LIMITATION ON LIABILITY

15.1. We will not be liable for anything outside of our reasonable control (for example, a failure of computer systems, or power failures which happen for reasons outside our reasonable control) or any industrial action, or political unrest, war, if this prevents us from providing our usual service.

15.2. To the extent permissible in law, and provided that we did not act fraudulently or with gross negligence, we will not be liable for any loss or damage sustained by you or a third party arising from the use of our Payment Services.

16. GENERAL

16.1. Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.

16.2. No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.

16.3. This Agreement constitutes the entire agreement between us as it relates to a specific purchase of Goods and the relevant Instalment Plan. Each new purchase of Goods by way of the Pay-Later Service and associated Instalment Plan shall form a new Agreement.

16.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.

16.5. This Agreement shall be governed by and interpreted in accordance with the laws of South Africa. The parties irrevocably agree that the courts of South Africa shall have non-exclusive jurisdiction.

16.6. When you use our website or any of our other electronic channels, you do so entirely at your own risk. We cannot be held liable for any damage or loss sustained by you, or a third party, arising out of your access or use of our electronic channels, or reliance on any information contained thereon. You indemnify us accordingly. We do not warrant that the functions provided by these channels will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We further do not warrant that the content or information displayed is always accurate, complete and/or current.

16.7. Should you wish to receive copies of documents relating to your account, you must advise us of the manner in which you want these to be delivered to you (provided we have the ability to affect the delivery you choose). In certain instances, we are entitled to charge a fee for such copies.

16.8. We can delay enforcing our rights under this agreement without losing them.

16.9. If we cannot enforce any term under this agreement, it will not affect any of the other terms of this agreement.

16.10. Each and every undertaking and clause as contained herein shall be capable of independent enforcement, thus enabling any court or other competent tribunal to enforce the remainder of this agreement should it adjudge any particular undertaking or portion or clause thereof to be invalid.

32. Tech Insurance Cover
Download

https://issuu.com/jdgdigital/docs/hificorp_generic_ts_cs_booklet_6fa7c63264a13d

1. GENERAL INFORMATION

1.1. Abacus Insurance Limited (“Abacus”) (registration number 2007/035136/06): A duly registered non-life Insurer and the underwriter of Tech Insurance Cover (the “Cover”). Abacus is an authorised Financial Services Provider: FSP no. 47063;

1.2. JD Consumer Electronics and Appliances (Pty) Ltd trading as HiFiCorp is a Juristic Representative of Abacus Insurance Ltd (FSP 47063) and Abacus Life Ltd (FSP 47062) both authorised Financial Services Providers.

1.3. Individual Policyholder: the owner or purchaser of the Electronic Equipment covered for loss, theft and damage in terms of this Tech Insurance Cover.

2. EXPLANATION OF IMPORTANT WORDS

2.1. “Cover Option and Value” means Mobile Device or TV or Computer cover. Values as set out in the Premium tables;

2.2. “Coverable Electronic Equipment” means the Electronic Equipment for which there is a Tech Insurance Cover option available in the store where You purchased the Electronic Equipment;

2.3. “Electronic Equipment” means any laptop, desktop, tablet, TV or Mobile Device identifiable by a unique product, serial or MSISDN number as indicated on the Tax Invoice and linked to this Policy;

2.4. “Excess” means the amount payable by You prior to Abacus settling the claim. It is the part of Your loss that is not covered by Abacus;

2.5. “MSISDN” means the Mobile Station International Subscriber Directory Number allocated to Your Mobile Device by Your Network Provider;

2.6. “Mobile Device” means the cellular phone, tablet or handheld device identified by an International Mobile Equipment Identity (“IMEI”) number or valid proof of purchase and covered in terms of this Policy;

2.7. “Network Provider” means the seller of the cellular contract linked to the Mobile Device covered in terms of this Policy;

2.8. “Original Purchase Value” means the purchase price that You paid for Your Electronic Equipment;

2.9. “Period of Cover” means either 12 months or 24 months applicable to the Cover Option You selected upon the purchase of Your Electronic Equipment;

2.10. “Premium Table” means the table on the back of the Insurance Cover Policy pack;

2.11. “Policy” means this Tech Insurance Cover with all necessary disclosures as included in the pack including the Tax Invoice that was issued by the seller to You when You purchased Your Electronic Equipment;

2.12. “Tax Invoice” means the receipt or till slip, which You must obtain from the seller of the Electronic Equipment as proof of purchase, containing the purchase price, date, full details of the Electronic Equipment, and the premium paid for the Cover Option You have selected. The Tax Invoice forms part of this Policy and You must attach the Tax Invoice to this pack and keep it in a safe place;

2.13. “Uneconomical to Repair” means the cost to repair the Electronic Equipment is in the sole discretion or opinion of Abacus not financially feasible;

2.14. “Us/Our/We” means Abacus;

2.15. “Valid Claim” means a claim for the replacement or repair of Your Electronic Equipment linked to this Policy, that complied with all the requirements as set out in paragraph 7 of this Policy; and

2.16. “You/Your/Yours” means the person whose Electronic Equipment is insured in terms of this Policy.

3. THE POLICY

The Cover Conditions, Period and Terms of this Policy are:

3.1. This Policy can only be bought simultaneously with the purchase of Coverable Electronic Equipment;

3.2. Upon payment of the premium applicable to the Cover Option available for the Electronic Equipment that You have purchased, this Policy will be linked to that specific Electronic Equipment;

3.3. Only 1 (one) Electronic Equipment can be linked to this Policy;

3.4. If Your Electronic Equipment linked to this Policy is lost or stolen or if it is damaged to such an extent that it is Uneconomical to Repair, Abacus will, in its sole discretion, either replace the Electronic Equipment with the same or similar Electronic Equipment.

In the event that the same or a similar product cannot be sourced, Abacus will pay the Original Purchase Value to You.

3.5. In the event that it is economical to repair Your Electronic Equipment Abacus will repair Your Electronic Equipment;

Abacus may in its sole discretion decide to replace Your Electronic Equipment with the same or similar Electronic Equipment, or pay out the Original Purchase Value, even if it is economical to repair;

3.6. In the event that Abacus decides to pay the Original Purchase Value to You, it will only be paid in South African Rand and into a verified and active South African Bank account in Your name;

3.7. This Policy allows for only 1 (one) claim in the case of loss, theft or damage where the Electronic Equipment is Uneconomical to Repair. This Policy will terminate upon the settlement of a Valid Claim in these instances;

3.8. For a repairable damage You may submit a maximum of 3 (three) Valid Claims and this Policy will terminate after the settlement of the third Valid Claim in these circumstances;

3.9. Upon the settlement of a Valid Claim by Abacus, all ownership in respect of the Electronic Equipment linked to this Policy transfers to Abacus and Abacus becomes the legal owner of the Electronic Equipment;

3.10. This Policy will lapse at the end of the Period of Cover selected by You; and

3.11. Please note the excesses payable in respect of approved claims as set out in paragraph 8 below.

4. OVER OR UNDER INSURANCE

4.1. Please ensure that the Cover Option and Value that You select corresponds with the value and type of the Electronic Equipment that You purchased;

4.2. In the event that You choose a Cover Option Value lower than the Original Purchase Value of Your Electronic Equipment the maximum pay out will be the Cover Option Value that You selected; and

4.3. In the event that You choose a Cover Option Value higher than the Original Purchase Value of Your Electronic Equipment the maximum pay out will be equal to the Original Purchase Value of Your Electronic Equipment;

5. PREMIUM

5.1. The Cover Options and Values in the Premium Table clearly indicate the premium payable for the Cover Option and Value selected by You;

5.2. The premium for the Cover Option and Value that You wish to link to Your Electronic Equipment is payable together with the purchase price of the Electronic Equipment when You purchase the Electronic Equipment.

6. EXCLUSIONS

You will not be able to submit a claim in terms of this Policy in the following circumstances:

6.1. If You were negligent in safeguarding the Electronic Equipment against loss, theft or damage. The Electronic Equipment must in all circumstances be reasonably safeguarded by You against theft, loss or the incurred damage. Any negligence by You in this regard will lead to the rejection of a claim in terms of this Policy;

6.2. If the Electronic Equipment is stolen from any premises unless such theft is accompanied by unauthorised entry to or exit from such premises;

6.3. If the Electronic Equipment is stolen from any unattended vehicle unless:

6.3.1. the Electronic Equipment is contained in a completely closed and securely locked portion of the vehicle to be out of sight of any visual inspection from outside the vehicle; or

6.3.2. the vehicle is locked and housed in a securely locked building of substantial construction;

6.4. If the damage of the Electronic Equipment is as a result of inherent vice, wear and tear, gradual deterioration, depreciation, repairing or restoring;

6.5. If the damage to the Electronic Equipment is covered by the manufacturer’s warranty;

6.6. If You deliberately or negligently immerse the Electronic Equipment in any liquid, powder, or soil;

6.7. If the Electronic Equipment is confiscated, detained, or nationalised whether by customs or other similar authority; and

6.8. If the damage to the Electronic Equipment is caused by riots, war, civil war or warlike operations.

7. HOW TO CLAIM

The following claims procedure must be carefully followed in order to avoid any delays in the settlement of Your claim.

In the case of Mobile Devices:

7.1. If Your Mobile Device is lost or stolen, You must immediately notify Your Network Provider if applicable, request them to blacklist the Mobile Device and to deactivate Your Mobile Device’s MSISDN number and to issue You with an ITC number;

7.2. Once an ITC Reference Number has been allocated, You must report the loss or theft of the Mobile Device to Your nearest police station and obtain a police affidavit detailing what, when, where and how the incident happened together with a police case number. No claim will be considered by Abacus without a police case number. Please note that no police case number will be provided without an ITC number in case of a Mobile Device;

In the case of any other Electronic Equipment:

7.3. You must report the loss or theft of the Electronic Equipment to Your nearest police station and obtain a police affidavit detailing what, when, where and how the incident happened together with a police case number. No claim will be considered by Abacus without a police case number;

7.4. You must complete the steps in 7.1., 7.2. and 7.3., and notify Abacus of Your claim within 14 (fourteen) days of the theft, loss or incident that caused the damage to the Electronic Equipment by phoning Abacus on 0800 777 444;

7.5. Abacus will provide You with a claim form which You must complete correctly and in full;

7.6. On the claim form You will find a list of the additional documents that must be submitted to Abacus together with the claim form;

7.7. The claim form together with the additional documentation may be submitted to Abacus at one of the following addresses:

7.7.1. Email: [email protected] ;

7.7.2. Facsimile: 086 674 1495;

7.7.3. Call: 0800 777 444;

7.7.4. The nearest store where You purchased Your Electronic Equipment; or

7.7.5. Hand deliver at: 171 Katherine Street, Building 3, Sandown, Sandton, 2031

7.8. Claims will be processed provided that all required documentation has been submitted to Abacus;

7.9. You will always be kept informed of the progress of Your claim by SMS to the phone number that You provided on the claim form;

7.10. In the event of a claim, Abacus will within 2 (two) business days after all required documents in respect of the claim have been received, inform the claimant if the claim is valid, rejected or disputed;

7.11. Abacus reserves the right to cancel the Policy if there is any evidence of, or attempted submission of a fictitious claim, fraud or misrepresentation;

7.12. Claims must be submitted to Abacus within 6 (six) months of the Incident. Failure to do so will result in the benefit being lost;

7.13. In the event that Your claim is rejected, Abacus will furnish You with reasons for the rejection; and

7.14. In the event of a claim being rejected and legal action not being commenced within 6 (six) months after the expiry of the 90 (ninety) day representation period, all benefits afforded under this Policy in respect of any such claim shall be forfeited.

8. EXCESSES

8.1. The first amount payable, otherwise referred to as “excess”, is the amount You must pay to Abacus prior to the settling of an approved claim. Payment can be made at the store when collecting Your replace

8.2. The following excesses will apply:

8.3 The replacement or repaired Electronic Equipment will not be delivered to You prior to the Excess being paid.

8.4 The excess must be paid at the applicable store where the claim was submitted and a replacement unit is to be issued.

9. REINSTATEMENT RULE

This Policy is a fixed-term Policy and cannot be reinstated after the expiry of the Period of Cover or termination as per section 3.7. and 3.8. or if cancelled as per section 10.2.

10. COOLING-OFF PERIOD/CANCELLATION

10.1. The Policyholder can cancel this Policy within the first 31 (thirty-one) days of inception of the Policy if no claim has been received prior to the cancellation;

10.2. The Policyholder must submit this instruction in writing to Abacuswithin 31 (thirty-one) days of inception of the Policy; and

10.3. All premium payments made in respect of the Policy so cancelled will be refunded in full provided there has been no claim submitted and paid before receipt of the cancellation notice.

11. NO RIGHTS TO OTHER PERSONS

Nothing in this Policy shall give rights to any person other than the Policyholder and the Policyholder may not cede or assign his rights in terms of this Policy to any person without the written consent of Abacus.

12. OTHER INSURANCE

If the Policyholder has other insurance providing the same cover as per thisPolicy, then in the event of a claim in terms of this Policy, Abacus shall notbe liable to pay or contribute more than their rateable proportion of the total claim.

13. CLAIM RECOVERY

13.1. If, after the payment of a claim for stolen or lost Electronic Equipment, the whereabouts of the Electronic Equipment is identified, You shall render all reasonable assistance to Abacus to recover the Electronic Equipment; and

13.2. In the event of a claim for Electronic Equipment that is Uneconomical to Repair, You will after receipt of the Original Purchase Value, hand the damaged Electronic Equipment to Abacus.

14. COMPLAINTS PROCEDURE

14.1. Should You have any complaints regarding this Policy, please contact Abacus (contact details below) and have the following information ready:

14.1.1. Your Insurance Cover Policy with Your Tax Invoice (till slip)

14.1.2. Identity Number; and

14.1.3. Nature of Enquiry.

14.2. If Your complaint is not resolved within 30 (thirty) days, You may refer it to the Ombudsman for Short-term Insurance or the Financial Sector Conduct Authority.

15. IMPORTANT CONTACT DETAILS

As an insurance policyholder or prospective insurance policyholder, you have th right to the following information:

1. NEVER FEEL PRESSURISED TO BUY THIS POLICY AND KEEP YOUR TAX INVOICE OR TILL SLIP AS IT FORMS PART OF THIS POLICY

2. ABOUT THE INSURER AND FINANCIAL SERVICES PROVIDER

ABACUS INSURANCE LIMITED

A registered non-life Insurer and an authorised Financial Services Provider, Reg. No.2007/035136/06, FSP no. 47063.

Physical Address: 171 Katherine Street, Building 3, Sandton, 2031

Postal Address: PO Box 4208, Johannesburg 2000

Toll Free: 0800 777 444

Fax: 086 674 1495

COMPLIANCE DEPARTMENT

Telephone: 0800 777 444

Email: [email protected]

Also see sections 1 and 15 of Your Policy Terms and Conditions for other important information and contact details of:

- Abacus Head Office

- Abacus Customer Care

- Abacus Claims Department

- Abacus Compliance Department

- Short-term Insurance Ombudsman

- Financial Sector Conduct Authority

JD Consumer Electronics and Appliances Proprietary Limited trading as HiFi Corporation is a duly authorised Juristic Representative of Abacus and authorised to sell Tech Insurance Cover and collect its premiums on behalf of Abacus.

3. OTHER MATTERS OF IMPORTANCE

3.1. You must be informed of any material change to the information referred to in this disclosure.

3.2. Your copy of the Policy is included in the Policy Pack.

3.3. This is a non-life insurance policy.

3.4. Your premium is paid in cash upon purchase of Your Policy Pack.

3.5. If any complaint to Abacus is not resolved to Your satisfaction, You may submit the complaint to the Short-term Insurance Ombudsman, or the Financial Sector Conduct Authority. Their contact details are in section 15 of Your Policy Terms and Conditions.

4. IMPORTANT NOTICE REGARDING CLAIMS

4.1. Complete all forms in ink if applicable.

Incorrect or non-disclosure by you of relevant facts may influence Abacus on any claims arising from Your contract of insurance.

A polygraph or any lie detector test is not obligatory in the event of a claim and the failing of such a test, where voluntarily undertaken, may not be the sole reason for the rejection of a claim.