Terms of Service
Overview
This website is operated by NEXA Audio (Pty) Ltd. Throughout the site, the terms "we", "us" and "our" refer to NEXA Audio. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service. These Terms apply to all users of the site, including browsers, customers, and contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools added to the store shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, or that you have obtained the consent of a parent or guardian to allow any minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your access to our Services.
Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.
Your content, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks. All payment information is encrypted during transfer.
Section 3 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 — Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part thereof, at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 — Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
We have made every effort to display our products as accurately as possible. We cannot guarantee that your device's display of any colour will be accurate.
We reserve the right to limit the sales of our products or Services to any person or geographic region at our sole discretion. We reserve the right to limit quantities, discontinue any product at any time, and change product descriptions or pricing without notice.
Section 6 — Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we will attempt to notify you via the email address or phone number provided at the time of purchase.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
Section 7 — Optional Tools
We may provide you with access to third-party tools over which we have no control or input. Access to such tools is provided on an "as is" and "as available" basis without any warranties or endorsement. We shall have no liability arising from your use of any optional third-party tools. Any use of such tools is entirely at your own risk.
Section 8 — Third-Party Links
Certain content or services available via our site may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of any third-party materials or websites and will not have any liability in connection with them. Please review the policies of any third-party site before engaging in any transaction.
Section 9 — User Comments and Submissions
If you send us creative ideas, suggestions, proposals or other materials, you agree that we may use such content at any time, without restriction or compensation. We are under no obligation to maintain any submissions in confidence or to respond to them.
You agree that your comments and submissions will not violate any third-party rights, contain unlawful or abusive material, or include any malicious code or malware. You are solely responsible for the accuracy and content of anything you submit. We take no responsibility for any comments posted by you or any third party.
Section 10 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which forms part of these Terms of Service.
Section 11 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice.
Section 12 — Prohibited Uses
You are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any applicable laws or regulations; to infringe upon our intellectual property rights or those of others; to harass, abuse, defame or discriminate against any person; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track the personal information of others; to spam, phish or scrape; for any obscene or immoral purpose; or to interfere with the security features of the Service.
We reserve the right to terminate your use of the Service for violating any of the above.
Section 13 — Disclaimer of Warranties and Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. The Service and all products delivered through it are provided "as is" and "as available" without any warranties of any kind, either express or implied.
To the fullest extent permitted by South African law, NEXA Audio (Pty) Ltd, its directors, employees, affiliates, agents, suppliers and service providers shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products purchased through it.
Section 14 — Indemnification
You agree to indemnify, defend and hold harmless NEXA Audio (Pty) Ltd and its directors, employees, affiliates, agents, suppliers and service providers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 15 — Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of any remaining provisions.
Section 16 — Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgement, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
Section 17 — Entire Agreement
These Terms of Service, together with our Privacy Policy, Refund Policy and Shipping Policy, constitute the entire agreement between you and NEXA Audio and govern your use of the Service, superseding any prior agreements, communications or proposals between you and us.
The failure of NEXA Audio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Section 18 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013.
Any disputes arising from these Terms shall be subject to the jurisdiction of the South African courts.
Section 19 — Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 20 — Contact Information
Questions about the Terms of Service should be directed to us at:
NEXA Audio (Pty) Ltd
Email: info@nexaaudio.co.za
Phone: 064 685 2566
This Terms of Service has been drafted with reference to the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA).