Sony Pictures Home Entertainment South Africa (SPHE SA) provides the information contained on this website and the pages comprising the website (“website”) and promotes the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items reviewed on the website and/or offered via our recognised retailers or the services made available from time to time via the website.
Acceptance
By accessing and/or using the website, you agree to be bound by the terms. SPHE SA may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.
Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, SPHE SA makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. SPHE SA reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
Access Codes
Before submitting data to the website, you will be obliged to enter you personal login username (“username”) and personal password (“password”) or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your “Access Codes”. You undertake to ensure that your Access Codes are not disclosed to any third party and to immediately react on any actual or potential unauthorised access to or use of your Access Codes, by changing your password. SPHE SA may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
Verification
1. You agree that all instructions, consents and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to SPHE SA electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by SPHE SA and you will be bound by such instruction with no liability of whatever nature attaching to SPHE SA in regard thereto.
2. You waive any rights that you may have or obtain against SPHE SA arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that SPHE SA acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify SPHE SA against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that SPHE SA has acted on your instructions/orders or instructions/orders which purported to emanate from you.
Privacy and Security
All personal information obtained by SPHE SA by virtue of your use of this website is protected as set out in our privacy and security policy.
Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by SPHE SA alternatively, SPHE SA is the lawful user thereof and are protected by both South African and international intellectual property laws, except where clearly indicated that content has been sourced from a third party. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products provided and/or reviewed by SPHE SA. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of of the respective trademark owners. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of SPHE SA.
External links
External links may be provided for your convenience, but they are beyond the control of SPHE SA and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of SPHE SA.
Unlawful use
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify SPHE SA against any loss, liability, damage or expense of whatever nature which SPHE SA or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
Warranties, Disclaimers and Limitation of Liability
1. Save as set out in the terms, SPHE SA makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”.
2. Neither SPHE SA nor its directors, shareholders or managing companies shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, neither SPHE SA nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the website. You hereby indemnify SPHE SA or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, SPHE SA shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.
3. Without limiting the generality of the aforegoing, SPHE SA shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
4. By accessing the website, you warrant and represent to SPHE SA that you are legally entitled to do so. You further warrant that all the details you have given are true and complete and that you are legally capable of doing so. If you are younger than 21 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with SPHE SA or that you have obtained legal status in another manner.
5. We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.
Use of the Website
SPHE SA does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to SPHE SA that you are legally entitled to do so and to make use of information made available via the website.
General
1. Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and SPHE SA in relation to your use of this Website. No indulgence or extension of time which either you or SPHE SA 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.
2. SPHE SA shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
4. Should SPHE SA be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as SPHE SA is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then SPHE SA shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
5. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
6. For purposes of calculating any time periods GMT +2 shall be used.
7. Your terms and conditions shall apply to all transactions you conclude via this website.
8. A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and SPHE SA on delivery/collection of the product or service.
