Copyright

Copyright 2009 © HearAbility, 22 Willow Road, Tableview, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site email us or phone customer support on 0823304586 for assistance.
Users may download, view and print content from this site for private and non-commercial purposes only.
All moral rights of HearAbility and its employees/agents are reserved.

HearAbility cannot screen or edit all the content available from the HearAbility site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform HearAbility of any content that may be offensive or illegal.

Website Terms and Conditions of Use Relating to www.HearAbility.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the HearAbility (“Provider”) website located at the domain name www.HearAbility.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.

E-Commerce & Privacy

The Website (www.HearAbility.co.za ) sells micro batteries and assistive living devices for persons with a hearing loss online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

www.HearAbility.co.za shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

HearAbility.co.za may electronically collect, store and use the following personal information of Users:

name and surname;

birth date;

gender;

country of residence;

closest city;

non-personal browsing habits and click patterns;

e-mail address;

IP address; and

ID number / passport number.


HearAbility.co.za collects, stores and uses the abovementioned information for the following purposes:

to greet the User when he/she accesses the HearAbility.co.za web site;

subject to the User's consent, inform the User of facts relating to his/her access and use of the HearAbility.co.za website;

subject to the User's consent, inform the User about competitions and special offers from HearAbility.co.za and/or its partners / affiliates;

to compile non-personal statistical information about browsing habits, click-patterns and access to the HearAbility.co.za web site.

to verify the identity of the User when transacting with HearAbility.co.za

to ensure that the goods are received by the addressee

Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

The User may elect not to receive any communications from HearAbility.co.za and/or its partners / affiliates.

HearAbility.co.za may collect, maintain, save, compile and share any information collected from users, subject to the following provisions:

HearAbility.co.za shall not disclose personal information from Users unless the User consents thereto;

HearAbility.co.za shall disclose information without the User's consent only through due legal process; and

HearAbility.co.za may compile, use and share any information that does not relate to any specific individual.

HearAbility.co.za owns and retains all rights to non-personal statistical information collected and compiled by HearAbility.co.za.

Security

Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that HearAbility suffers any damage or loss.

The user agrees and warrants that its log-in name and password shall:

be used for personal use only; and

not be disclosed to any third party.

The user allows HearAbility to take all reasonable steps to ensure the integrity and security of the HearAbility site and back-office applications.

Online Payment – MyGate Payment Gateway

All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate security policy.

Refund and Return Policy

The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Sole Proprietor, HearAbility, 22 Willow Road, Bloubergrise, 7441 or info@hearability.co.za .

Stock Availability

The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.

Stocks of all goods on offer are limited. HearAbility shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, HearAbility shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

Guarantee
If HearAbility supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, HearAbility must be notified within 14 days of invoice. HearAbility will exchange it for the correct one upon receipt of the returned product. HearAbility will make a reasonable effort to exchange the product, but if replacement is not possible, HearAbility will refund the purchase price including delivery cost upon receipt of the returned product. Please note: goods are not guaranteed against faults resulting from normal wear and tear.

Special offers: If HearAbility.net supplies the wrong product or if the product is in any way faulty or damaged, HearAbility.net will exchange it for the correct one upon receipt of the returned product. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs upon receipt thereof.
HearAbility does not undertake to replace any microbattery products at all if the user is not satisfied with his/her choice. Once the packaging has been opened, the product becomes non-returnable.

Electronic Goods

In the event of new goods that are defective, the rights of the Customer are limited to the Manufacturer's guarantee of the goods supplied.
Liability under clause 1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of HearAbility.net and its suppliers after investigation and/or testing of goods.
Electronic goods may only be returned within 14 days of purchase at the expense of the customer for a refund (excluding delivery costs) on condition that it is unopened (with any seals and shrink wrap intact) and we will issue a full refund for the price you paid for it.
Out of box failures are to be reported within 7 days of invoice and will be replaced by the manufacturer.
All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the manufacturers representative or should the goods be operated outside the Manufacturer's specifications.
Under no circumstances will HearAbility.co.za be liable for any damage arising from any misuse or abuse of the goods.

Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Choice of Law

This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
When a user visits HearAbility or sends e-mails to HearAbility, that user consents to receiving communications from HearAbility electronically and agrees that all agreements, notices, disclosures and other communications sent by HearAbility satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

Hyperlinks

No person, business or web site may link to any page on this site without the prior written permission of HearAbility. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with HearAbility.
Hyperlinks provided on this site to non-HearAbility sites, are provided as is and HearAbility does not necessarily agree with, edit or sponsor the content on such web pages.

Framing

No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

Spiders and Crawlers

No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of HearAbility. Such permission could be obtained from the person referred to in clause 1 hereof.

Disclaimer

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither HearAbility nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, HearAbility makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.

This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with HearAbility that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of HearAbility and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

All items purchased from HearAbility are made pursuant to agreements with shipping and delivery agents and risk of loss pass from HearAbility to such agents upon delivery of any item to such carrier.

Neither HearAbility nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

COSTS

Prices:

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

- The cost of shipping within the borders of South Africa is determined as follows:

Note

a) The estimated arrival times are taken directly from information provided by our couriers. These are estimates only, HearAbility are not responsible if this varies.

b) Goods will need to be signed for. Please give a delivery address where someone will be available.

c) If goods are returned to HearAbility because of an incorrect or incomplete address, the carriage is not refundable.

d) In exceptional circumstances we reserve the right to use alternative couriers.

e) The shipping costs quoted above include VAT.

f) The above delivery times are from the time the goods have been dispatched from our CT warehouse.

- Value Added Tax:

Currently HearAbility is not a registered VAT vendor.

VAT is not payable on orders if both the billing and the shipping address are international.

- Import Duties:

Import duties may be payable by recipients of goods in foreign countries. HearAbility.co.za does not know what levies may be payable and cannot calculate or estimate such costs.

DELIVERIES

Inside the borders of South Africa

- All items of the HearAbility.co.za site have an indication of the delivery time:

Demand Service - We offer a next-day delivery service on all items only for main centres in South Africa. If all the items in the basket are 24-hour delivery products and the order is placed before 12h00 Monday - Friday, you will receive it the following working day. This service is only available in main centres, which include any destination within a 50km radius of the following cities - Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centres is usually within 3 working days. We recommend that you place separate orders for 24-hour items and those with longer delivery times if you'd like to receive an item in its advertised time. The order item with the longest delivery time determines your parcel's delivery time.

- Important: if items with different delivery times are ordered together, the item with the longest delivery time will determine the delivery time of all the items in the order.

Outside the borders of South Africa

Goods to the following international destinations are sent as follows: Namibia and African countries - Delivery to the post office only; All other international (incl United Kingdom; excl Africa) - via airmail parcel post.
Delivery usually takes place within two or three weeks after dispatch - however, seasonal peaks and delays at customs etc is outside the control of HearAbility.net and deliveries may take up to twelve weeks.
It is possible to courier goods to international addresses (incl United Kingdom; excl Africa). The costs are determined on an ad hoc basis. Note that such costs are normally very high.

Delays and cancellations

HearAbility.co.za makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.

PAYMENT METHODS

Credit card payments

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

Payment is only collected when the order is completed and the goods shipped.

Note that to protect it's own and the interests of customers, HearAbility.co.za scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if HearAbility.co.za is not satisfied with it's legitimacy.

Bank deposit payments

- If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the HearAbility.co.za bank account and it would be subject to the following rules:

the exact amount must be paid

the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.

no transfers must be made from ATM's

cheque deposits are subject to a clearing period.

no bank deposits are accepted from outside the borders of South Africa.

unpaid bank deposit orders are cancelled after five business days.

RESTRICTIONS ON SALES

Heavy items +10kg:

Items that weigh +10kg are not delivered outside the borders of South Africa.

Agreements of Sale

Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

constitute an agreement of sale between HearAbility and users cannot hold HearAbility liable if such items are not available when the purchase cycle is completed later; and/or

constitute an order for such an item; and

HearAbility may remove such an item from the shopping basket or wishlist if no stock is available.

An agreement of sale between HearAbility and a user only comes into effect if and when:

a credit card authorisation is received from the issuing bank; or

a deposit of an electronic transfer is reflected on HearAbility's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or

a direct deposit (via debit order or other means) is reflected on HearAbility's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

HearAbility reserves the right to refuse to accept and/or execute an order without giving any reasons. HearAbility also reserves the right to cancel orders in whole or in part as circumstances dictate. HearAbility shall only be liable to refund monies already paid by the user.

HearAbility shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, HearAbility.co.za will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

Disputes

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of HearAbility.co.za, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from:
http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

Domicilium

HearAbility chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 22 Willow Road, Bloubergrise, 7441.

Term and Termination

This agreement shall commence when the user registers on the HearAbility site and continues indefinitely until terminated by HearAbility in terms of clause 21 hereto or for any other reason.

Information

The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full name: HearAbility.co.za
Main business: Online retailer
Address for receipt of legal service: 22 Willow Road, Bloubergrise, 7441
Office Bearers: Sole Proprietor of HearAbility
Webmaster: webmaster@hearability.co.za
Website: http://www.HearAbility.co.za
Official email address: info@HearAbility.co.za