Terms & Conditions (Subscriptions)

Subscription Terms & Conditions (as at 01 January 2015)

1. Introduction

1.1 These terms and conditions relate to all publications owned or distributed by RISKSA (Pty) Ltd, which you offer to purchase from us. They do not affect your statutory rights. If there is anything you do not understand, please feel free to email us at subscriptions@comms.co.za or phone us on (0)21 555 3577.

1.2 By making an offer to purchase, you agree to be bound by the provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order.

1.3 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site and we will provide you with reasonable notice of such changes, if such changes constitute a material change to these terms and conditions. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.

2. Definitions

In these terms and conditions:

“Acknowledgement Notice” means the email sent by us to you within 72 hours confirming details of your subscription that you have offered to purchase (please note that although this notice constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer to purchase a subscription);

“Commencement Date” means the date when our agreement with you has started;

“Subscription” means the subscription or subscriptions to be provided by us to you (or to such address as you may nominate), as described in the Subscriptions Form and on the pages of the RISKAFRICA website. In some cases, this may also be in the form of a printed Subscriptions Form, which we will send to you and will need to be sent back to us;

“Subscription Service” means the provision of a Subscription by us to you;

“Subscriptions Form” means the form completed by you online and showing details of the Subscription that you have offered to purchase from us;

“we/us/our/RISKAFRICA” refers to RISKAFRICA Pty Limited, a company incorporated in South Africa (registered number 2007/028187/07) and having our registered office at Esplanade Road, Century City, South Africa;

“Working Days” means a day other than a Saturday or Sunday during which business is transacted; and

“you/yours” refers to you, the person offering to purchase a Subscription from us.

3. Your agreement with us

3.1 It is our intention that all the terms of the contract between us and you are contained in these terms and conditions, together with the Subscriptions Form, and in any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us (“the Agreement”). We accept responsibility under the Agreement for our commitments to you. We also accept responsibility for commitments made to you by our duly authorised agents.

3.2 Nothing in the RISKAFRICA Subscription website is intended or shall be interpreted to mean that we are making a legal offer to you to provide a Subscription; we are inviting you to make a legal offer to us to purchase a Subscription. It is entirely at our discretion to accept or reject the offer to purchase.

3.3 The Agreement is started only when we have accepted your order by sending you a Tax Invoice within five working days after you have placed an order.

4. General

4.1 Payment for Subscriptions can be made using any of the methods listed in Clause 6 below.

4.2 All prices are quoted in South African Rands (ZAR). 14% VAT is included in the Subscription prices. Prices for a Subscription include standard postage charges only.

4.3 Our acceptance of your offer to purchase a Subscription is subject to our production capacity. We will inform you if we are unable to provide the Subscription that you have offered to purchase and a full refund of any prepayments will be given.

4.4 Prices, offers and publications are subject to availability and may change prior and subsequent to us accepting your order.

4.5 Every effort has been made to ensure the descriptions and prices of Subscriptions are correct but nevertheless all prices are subject to confirmation. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description, price or delivery charge, or (ii) retracting your offer to purchase and receiving a full refund of any prepayments.

4.6 You must ensure that your delivery information is updated and correct at all times in order for us to provide you with the best possible delivery service.

4.7 Your personal data will be processed by us as set out in our Privacy Policy found on our website.

5. Delivery Policy

5.1 RISKSA will automatically deliver your magazines by way of standard postage for free of charge to South African addresses only. Should you live outside the borders of South African and you have applied for a subscription or any other method, we will contact you with a quote.

5.2 RISKSA will post your issues with the intention of them arriving, at the address you provided, in the first week of the month as stated on the cover e.g. January issue will arrive in the first week of January. We accept no responsibility for delays in delivery due to slow services provided by the postal service.

5.3 If you would like to receive your magazines by way of courier or self-collection, this must be communicated to RISKSA by contacting either (021) 555 3577 or subscriptions@comms.co.za

5.4 If you wish to order back issues of one of our magazines, we will provide you with a quote on (i) the purchase price of these issues as well (ii) the delivery options (i.e. courier or standard postage). Both of these costs will be for your account.

6. Return/Refund and Cancellations Policy

6.1  RISKSA will not be held responsbile for magazines that were damaged in transit and they, therefore, cannot be returned. A magazine may only be returned if the one supplied is not the same as the one that was ordered, this must be reported within seven days of the magazine being posted.

6.2   If the magazine return has been approved by us, we will notify you and either (i) request that you post it back to us; or (ii) ask you to return the magazine to our office location. Should you need to post the magazine back to us, please only send it to our postal address: PO Box 60320, Table View, 7439.

6.3   You will be credited or refunded for the postage costs incurred, up to a maximum of the current postage stamp price.

6.4   Nothing in this clause or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.

7. Payment Options

7.1 We accept the following methods of payment for Subscriptions: –

EFT

Credit card once-off payment

7.2 Credit card details that are used by the Subscriber are not stored by RISKAFRICA (Pty) Ltd and these details have to be submitted again for any new/additional purchases.

7.3 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

8. Cancellation

8.1 Our right to cancel: If for reasons beyond our reasonable control, including but not limited to postal strikes, fire, floods, storm, plant breakdown, lock-outs, riots, industrial action that prevent entry to premises, hostilities, non-availability of materials or supplies, we are unable to supply the product to you, we may cancel the Agreement at any time by giving notice to you. We shall repay to you, within 60 working days, the proportion of any sums paid by you relative to the amount of issues outstanding under your Subscription.

8.2 Your right to cancel: Once your subscription has commenced, your subscription will endure for the period applied for unless you provide RISKAFRICA (Pty) Ltd a written notice, 10 business days before the distribution of the next issue, of your intention to cancel the subscription agreement. In addition, RISKAFRICA (Pty) Ltd reserves the right to impose a reasonable cancellation penalty, in the event that the subscription agreement is terminated prior to the expiry of the minimum 12-month term.

9 Withdrawal of your offer in the event of an error made by you

9.1 If you wish to correct an error made by you, a written notification must be sent to us. If you subscribed telephonically with one of our telesales agents, you may withdraw your offer to purchase a Subscription on written notice to us of this fact within five business days of receiving a Tax Invoice.

9.2 Where you fail to inform us by the Commencement Date of incorrect information of the Subscription (for example, an incorrect or change of delivery address) we reserve the right to charge you the full price of the Subscription.

10 Limitation of liability

10.1 Nothing in these terms and conditions is intended to be unfair or exclude any legislation designed to ensure that the rights of parties to a contract of this type of Agreement are fairly balanced.

10.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness, wilful misconduct, fraud or misrepresentation on our part.

10.3 All conditions, terms, representations and warranties relating to the Subscription that are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.

10.4 Our total liability to you in respect of any claim you make in connection with Subscription shall be limited to the sum paid by you to us for the Subscription.

10.5 In the event that you have any right, claim or action against any third party responsible for an advertisement appearing on the RISKAFRICA website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release RISKAFRICA (Pty) Ltd (and our officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

11 Indemnity (Liability Passed To You)

You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers, employees or the Courier, and arising as a result of breach by you of this Agreement.

12 Website Content

12.1 We have used reasonable care and skill in compiling the content of the RISKAFRICA Subscription website but make no warranty, express or implied, as to the nature or accuracy of any material on the RISKAFRICA Subscription website. Although every effort is made to ensure complete accuracy, some prices or details shown on the RISKAFRICA Subscription website may change from time to time, and it is possible that errors will occur. We will reasonably endeavour to rectify any errors as swiftly as possible.

12.2 We, our contractors and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on the RISKAFRICA website, which you may use only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

12.3 Contact Details

If you have any queries about these terms and conditions, or any other aspect of the RISKAFRICA Subscription service, or you have a complaint, you can phone us (0)21 555 3577 or subscriptions@comms.co.za.

13 Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with South African law and you agree to submit to the non-exclusive jurisdiction of the South African courts. You are responsible for compliance with any applicable laws of the country from which you access the RISKAFRICA Subscription website.

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