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WELCOME TO MAX MEDIA VIP  PRIVACY POLICY

This Privacy Policy applies to all users of our Website, related mobile-sites, and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

 

The purpose of this Privacy Policy is to set out how, why and when Ostricom cc t/a MaxMediaVIP.com (“MaxMediaVIP”) uses your Personal Information so as to comply with the  Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

  • may limit the risk or liability of MaxMediaVIP or a third party.

  • may create risk or liability for the user.

  • may compel the user to indemnify MaxMediaVIP or a third party.

  • serves as an acknowledgement, by the user, of a fact.

 

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In this Privacy Policy, the terms  -

  • “Personal Information”, and “process/processing” bear the same meanings as set out in POPI.

  •  “we”, “us” or “our” refers to MaxMediaVIP.

  • “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.

  • “registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms.

IF YOU ARE BELOW THE AGE OF 18

If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.

Further, MaxMediaVIP may not sell liquor or tobacco products to you if you are under the age of 18 regardless of any supervision by a parent or guardian. You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via our Platforms.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

MaxMediaVIP processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.

 

When you register to use our Platforms, we may collect the following Personal Information:

  • name and surname.

  • email address.

  • physical address.

  • gender.

  • mobile phone number.

  • online identifiers.

  • date of birth.

  • identification number.

 

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.

 

You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

Information from using our Platforms

When you access our Platforms, whether or not you are a registered user, MaxMediaVIP processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

  • log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.

  • information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.

  • the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.

  • other information about you from third parties, such as social media.

 

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

  • identify you;

  • verify your identity;

  • create a user account for you; and/or

  • enter into a contract with you.

 

As a registered user, we also process your Personal Information in order to:

  • fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.

  • provide you with information, products or services you request from us.

  • communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.

  • notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.

  • send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behavior. To unsubscribe from newsletters sent to you based on your recent orders and browsing behaviors, visit the Newsletter Subscriptions page under “My Account” or unsubscribe when receiving such a newsletter.

  • get feedback from you which we need to develop our products and services and grow our business.

  • comply with any legal or regulatory obligations such as tax or financial laws.

  • undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

 

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

  • we need it to provide our Platforms, products or services to you.

  • it is required or allowed by law and is in line with our internal retention policies.

  • it is necessary to uphold the contract between you and us.

  • you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

 

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.

 

Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:

  • make our Platforms more user friendly.

  • personalize your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.

  • provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms  and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.

  • send Opt-In marketing communication if you are not a registered user.

 

We will not use your Personal Information for any other purpose without your permission.

 

By accessing and using the Platform, you consent to our use of cookies.

 

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your Personal Information to third parties for their marketing or any other purposes.

 

We may provide or make your Personal Information available to:

  • our employees, the staff of the companies in the MaxMediaVIP Group and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods.

  • law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.

  • third parties (such as a potential purchaser and its professional advisors) in the event of any reorganization, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.

  • our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.

  • our suppliers or sellers in order for them to liaise directly with you regarding any goods you have purchased, for them to comply with their regulatory obligations (for instance TV license reporting), or for any other purpose which may require their involvement.

  • the companies in the MaxMediaVIP Group (Superbalist and Mrd Food) in order for them to send you once-off opt-in direct marketing communications.

 

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (Why we process your Personal Information?), including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.

 

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organizational measures to prevent loss of, damage to or unauthorized destruction of Personal Information; and unlawful access to or processing of Personal Information.

 

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

  • physical, technical and network security.

  • access controls and monitoring of access.

  • secure storage, destruction and encryption of records of Personal Information.

  • Personal Information breach reporting and remediation.

  • by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

 

Should you disclose your Personal Information to any third party other than MaxMediaVIP, MaxMediaVIP shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

  • view, correct and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.

  • request a record or description of your Personal Information.  MaxMediaVIP may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive MaxMediaVIP may charge an additional administrative fee or refuse the request.

  • request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your account. In this instance MaxMediaVIP will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.

  • us complying with your requests upon receipt unless we have credible reason why we cannot comply.

  • us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.

  • inform you if reasonably practicable should we change your Personal Information and this has an impact on decisions about you.

  • notify you of the action taken by us because of your request.

  • notify you of unauthorized access to your Personal Information.

  • provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.

  • Submit a complaint to the Information Regulator.

 

As a registered user, you can exercise all your rights set out above in terms of POPIA by contacting info@MaxMediaVIP.com.

 

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

 

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.

  1. Intro

  2. This website can be accessed at www.MaxMediaVIP.com, related mobile-sites and software applications (the “Website”) and is owned and operated by Ostricom t/a Max Media VIP (Proprietary) Limited (“MaxMediaVIP”, “we”, “us” and “our”).

  3. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

  4. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Sign Up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

  5. The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys, pet supplies, and more (“Goods”).

  6. MaxMediaVIP allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). MaxMediaVIP will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from MaxMediaVIP. This will be made clear in the relevant clause.

  7. Important Notice

  8. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

  9. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

  10. may limit the risk or liability of MaxMediaVIP or a third party; and/or

  11. may create risk or liability for the user; and/or

  12. may compel the user to indemnify MaxMediaVIP or a third party; and/or

  13. serves as an acknowledgement, by the user, of a fact.

  14. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

  15. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask MaxMediaVIP to explain it to you before you accept the Terms and Conditions or continue using the Website.

  16. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or MaxMediaVIP in terms of the CPA.

  17. MaxMediaVIP permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

  18. Returns

  19. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

  20. Registration and use of the website

  21. Only registered users may order Goods on the Website.

  22. To register as a user, you must provide a unique username and password and provide certain information and personal details to MaxMediaVIP. You will need to use your unique username and password to access the Website in order to purchase Goods.

  23. You agree and warrant that your username and password shall:

  24. be used for personal use only; and

  25. not be disclosed by you to any third party.

  26. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

  27. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

  28. You agree to notify MaxMediaVIP immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

  29. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

  30. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised MaxMediaVIP representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

  31. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

  32. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised MaxMediaVIP representative.

  33. Conclusion of sales and availability of stock

  34. Registered users may place orders for Goods, which MaxMediaVIP or the Third Party Seller may accept or reject. Whether or not MaxMediaVIP or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by MaxMediaVIP for the Goods.

  35. NOTE: MaxMediaVIP or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and MaxMediaVIP or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from MaxMediaVIP stating that your order or payment has been confirmed. MaxMediaVIP will indicate the rejection of your order (by MaxMediaVIP itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

  36. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

  37. Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.

  38. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold MaxMediaVIP or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

  39. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by MaxMediaVIP, MaxMediaVIP will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, MaxMediaVIP will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

  40. In the case of Goods for sale by a Third Party Seller, MaxMediaVIP relies on inventory information supplied by the relevant Third Party Seller and MaxMediaVIP accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

  41. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

  42. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.

  43. Payments: A) 50% deposit is required to secure your booking, and the balance is expected just before the delivery of the final product. We will let you know as soon as your digital material / product is ready for delivery.  B) Unpaid accounts beyond the agreed credit terms, if any, may incur interest charges at the prevailing lending rates. C) Any goods delivered remain the property of "MaxMediaVIP" until full payment has been received.

  44. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

  45. Whether the Goods are for sale by MaxMediaVIP or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -

  46. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

  47. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

  48. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. MaxMediaVIP will not accept your order if payment has not been received;

  49. Instant EFT;

  50. cash on delivery (except where any of our exclusions apply, as listed in our terms); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

  51. eBucks;

  52. Discovery Miles;

  53. MasterPass;

  54. MaxMediaVIP Vouchers;

  55. Sbux; and

  56. Mobicred; and/or

  57. Nedbank Personal Loans.

  58. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

  59. You may contact us via our support email to obtain a full record of your payment. We will also send you email communications about your order and payment.

  60. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

  61. Delivery of goodsMaxMediaVIP offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

  62. courier; or

  63. self-collection.

  64. For more information about delivery, please contact support@MaxMediaVIP.com or read our Delivery Policy, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check your options at check out for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

  65. Where it accepts your order, MaxMediaVIP or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

  66. MaxMediaVIP’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. MaxMediaVIP is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.

  67. Errors

  68. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

  69. MaxMediaVIP shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

  70. Gift Vouchers & Coupons

  71. MaxMediaVIP may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of MaxMediaVIP Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  72. Gift Vouchers

  73. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that MaxMediaVIP gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

  74. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.

  75. MaxMediaVIP is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

  76. Coupons

  77. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

  78. Coupons are issued in MaxMediaVIP’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

  79. As a general rule, and unless specified otherwise on the specific Coupon itself:

  80. each Coupon can only be used once;

  81. only one Coupon can be used per order;

  82. only one Coupon can be used on the Website per person per promotion/campaign;

  83. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R2000;

  84. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;

  85. a Coupon must be used at check-out – it cannot be used later on existing orders; and

  86. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

  87. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. MaxMediaVIP is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

  88. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid.  If MaxMediaVIP confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

  89. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by MaxMediaVIP, before you are able to use a Coupon.

  90. Click here for instructions on how to use/redeem a promotional coupon.

  91. Daily Deals and other discounted Goods

  92. From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).

  93. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.

  94. For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.

  95. Daily Deals

  96. At our discretion, Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.

  97. Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).

  98. We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of MaxMediaVIP.

  99. Four of each Daily Deal may be purchased per customer, limited to your first order daily.

  100. Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. MaxMediaVIP must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.

  101. MaxMediaVIP will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because MaxMediaVIP may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.

  102. The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.

  103. By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

  104. App Only DealsWe also have Daily Deals (called “App Only Deals“) which will only be available for purchase using the MaxMediaVIP software application (“App”), although they may also be displayed on the MaxMediaVIP website and mobi-site. The App can be downloaded on IOS and Android devices. In addition to the above Daily Deal Terms and Conditions, the following terms apply to App Only Deals:

  105. App Only Deals are only available for purchase using the App and their prices may differ from the normal selling prices at which those particular Goods may be available on the website or mobi-site.

  106. You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or sells out. You will not receive the App Only Deal price if you pay for your order using the website or mobi-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.

  107. Bundle Deals

  108. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.

  109. 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 any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.

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

  111.  

  112. When buying certain vaping Goods, including but not limited to Twisp and Vuse products, on the Website, you may be required to verify your age and to provide your ID document on delivery of the vaping Goods.

  113. Third Party Sellers

  114. MaxMediaVIP will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases MaxMediaVIP only provides the platform to facilitate transactions between Third Party Sellers and MaxMediaVIP customers. MaxMediaVIP is neither the buyer nor the seller of these Goods unless otherwise specified.

  115. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. MaxMediaVIP is not a party to that sale.

  116. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

  117. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

  118. Because MaxMediaVIP wants the registered user to have a safe and consistent experience, MaxMediaVIP will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to MaxMediaVIP’s own Returns Policy. Should such claim escalate into being a dispute, although MaxMediaVIP is entitled to become involved in an attempt to resolve it, MaxMediaVIP is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

  119. Privacy policy

  120. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

  121. Changes to these Terms and Conditions

  122. MaxMediaVIP may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

  123. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

  124. Electronic communications

  125. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

  126. Ownership and copyright

  127. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of MaxMediaVIP, its advertisers and/or sponsors and/or is licensed to MaxMediaVIP.

  128. You will not acquire any right, title or interest in or to the Website or the Website Content.

  129. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via support@MaxMediaVIP.com.

  130. Where any of the Website Content has been licensed to MaxMediaVIP or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

  131. Disclaimer

  132. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

  133. Whilst MaxMediaVIP takes reasonable measures to ensure that the content of the Website is accurate and complete, MaxMediaVIP makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by MaxMediaVIP’s representatives, MaxMediaVIP shall not be bound thereby.

  134. MaxMediaVIP disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

  135. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

  136. Any views or statements made or expressed on the Website are not necessarily the views of MaxMediaVIP, its directors, employees and/or agents.

  137. In addition to the disclaimers contained elsewhere in these Terms and Conditions, MaxMediaVIP also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of MaxMediaVIP, its employees, agents or authorized representatives. MaxMediaVIP thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

  138. Linking to third party websites

  139. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and MaxMediaVIP is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

  140. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

  141. Limitation of liability

  142. MaxMediaVIP cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of MaxMediaVIP, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

  143. MAXMEDIAVIP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  144. YOU HEREBY INDEMNIFY MAXMEDIAVIP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  145. Availability and termination

  146. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

  147. MaxMediaVIP may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that MaxMediaVIP will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

  148. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

  149. MaxMediaVIP is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by MaxMediaVIP to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and MaxMediaVIP, in whole or in part, on notice to you. MaxMediaVIP shall only be liable to refund monies already paid by you (see MaxMediaVIP’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

  150. At any time, you can choose to stop using the Website, with or without notice to MaxMediaVIP.

  151. Governing law and jurisdiction 

  152. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

  153. In the event of any dispute arising between you and MaxMediaVIP, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

  154. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

  155. Notices

  156. MaxMediaVIP hereby selects 12th Floor, 10 Rua Vasco Da Gama Plain, Foreshore, Cape Town,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). MaxMediaVIP may change this address from time to time by updating these Terms and Conditions.

  157. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving MaxMediaVIP not less than 7 days’ notice in writing.

  158. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

  159. by hand will be deemed to have been received on the date of delivery;

  160. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

  161. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

  162. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

  163. Complaints 

  164. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via 082 7507957 our via email to support@MaxMediaVIP.com.

  165. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 20 (twenty) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

  166. InformationFor the purposes of the ECT Act, MaxMediaVIP’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

  167. Full name: Ostricom cc t/a MaxMediaVIP.com  a private company registered in South Africa with registration number 2011/086363/23

  168. Main business: Online retailer

  169. Physical address for receipt of legal service (also postal and street address): 18 Lomatium Close, Centurionm, Pretoria (marked for attention: CEO and Legal)

  170. Phone number: +27 82 7507957

  171. Email address:info@MaxMediaVIP.com

  172. Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support.

  173. GeneralMaxMediaVIP may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

  174. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

  175. Any failure on the part of you or MaxMediaVIP to enforce any right in terms hereof shall not constitute a waiver of that right.

  176. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

  177. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

  178. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

  179. These Terms and Conditions contain the whole agreement between you and MaxMediaVIP and no other warranty or undertaking is valid, unless contained in this document between the parties.

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair/replace it, or credit your account, subject to the below terms. This Policy applies to products bought from MaxMediaVIP itself and from Third Party Sellers. Please note Online Courses, if applicable are dealt separately.

Please note that MaxMediaVIP may, from time to time and at its discretion, restrict the use of the credit in your account in respect of certain products.

Certain parts of this Policy do not apply to Unboxed Deals, reconditioned products or used products, and this is indicated in the relevant sections below. Unboxed Deals are returned products that are offered for sale at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.

This Policy forms part of the MaxMediaVIP Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

 

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

  • package your products safely and securely for protection during transit;

  • clearly mark your return reference number on the outside of the parcel; and

  • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1: Unwanted products

You can return an unwanted product to us at no charge, provided:

  • it is undamaged and unused, with the original labels and stickers still attached;

  • save in relation to Unboxed Deals, reconditioned products and used products, it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;

  • it is not missing any accessories or parts;

  • you log a return to support@MaxMediaVIP.com within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and

  • it is not one of the products listed below.

Changed your mind?

Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

  • a digital product such as an electronic voucher, gaming code or other digital download;

  • an audio or video recording or computer software that has been unsealed;

  • a newspaper, periodical or magazine;

  • a foodstuff, beverage or other product intended for everyday consumption;

  • a nursing or maternity product, an infant bottle, infant feeding product or bottle accessory that has been unsealed, including (but not limited to) breast pumps, bottles, teats, soothers/pacifiers, formula, maternity underwear, nappies and wipes;

  • a beauty product or fragrance which has been used;

  • an intimate product, lingerie, swimwear, bodysuit, underwear or jewellery for piercings, which for hygienic and public health reasons may not be returned; or

  • a product which has been personalised for you or made to your specifications; or

  • a flatpack furniture product that has been assembled after delivery.

We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. An Unboxed Deal, reconditioned product or used product can only be exchanged for a variation of the same Unboxed Deal, reconditioned product or used product, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

  • faults resulting from normal wear and tear;

  • damage arising from negligence, user abuse or incorrect usage of the product;

  • damage arising from electrical surges or sea air corrosion;

  • damage arising from a failure to adequately care for the product;

  • damage arising from unauthorized alterations to the product;

  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

  • in relation to Unboxed Deals or used products, signs of handling and/or repackaging.

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality (save for manufacturer warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.

Where you request a repair / replacement of an Unboxed Deal, reconditioned product or used product and a repair is not possible, we will see if we have a replacement Unboxed Deal, reconditioned product or used product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not an Unboxed Deal, reconditioned product or used product) is not the same product as an Unboxed Deal, reconditioned product or used product. This is why Unboxed Deals, reconditioned products and used products are discounted, compared to products in perfect condition.

 

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for manufacturer warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that the remedy offered to you is at the supplier or manufacturer’s discretion what remedy it can offer you. MaxMediaVIP is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

PLEASE NOTE: Unboxed Deals, certain reconditioned products and used products do not have extended supplier warranties and this will be made clear on the product description page.

 

Manufacturer Warranty (stipulated on product page)

A manufacturer  warranty product is a product for which the relevant supplier or manufacturer chooses to manage defective returns themselves, directly with the customer, and not through   MaxMediaVIP. Some examples include Dell, Nespresso, Xbox and PlayStation products.

If a manufacturer warranty product turns out to be defective or otherwise of poor quality, please contact the relevant supplier or manufacturer directly via the contact details provided when attempting to log the return on the MaxMediaVIP Returns page.

 

4: Gift Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or MaxMediaVIP later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. MaxMediaVIP may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon  to pay for an order, and you or MaxMediaVIP later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. MaxMediaVIP may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.

5: Online Course Code Returns

Online Course Codes are treated differently to other products when it comes to returns, given their digital nature and the fact that technical knowledge of the Online Course registration process may be required to assist you if the Online Course Code does not work. Once you purchase an Online Course Code, we will only allow you to return it if defective.

Any defect in an Online Course Code Link shall be dealt with as follows:

  • Should you experience any problems in utilising the Online Course Code, in accessing or opening the Course Code, or if  the Online Course Code is defective in some other way (missing pages, incorrect book, code does not work etc), please report the problem to us as soon as reasonably possible after you become aware of the problem, but in any event within 6 months of purchase. This will create a support request for you.

  • We will then investigate the possible cause/s of the problem and how to rectify them. We may need to liaise with the relevant service providers to assess and rectify the problem or to issue you with a new Link or Online Course Code so that you can get a replacement Online Course Code, as the case may be.

  • If the Online Course Code is defective, we will at your choice replace it (if such replacement is possible) or credit your account with the purchase price of the Online Course Code (or refund you if that is your preference).

6: Bundles

There are two types of bundles: a bundle consisting of products that either we or you (as provided on our website) have combined together in a single bundle (“Bundle Deal“); or a bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundle“). All returns relating to bundles are subject to the terms of this Policy as read with the following provisions:

  • Bundle Deal – You may return a Bundle Deal as a whole or any of its component products individually to us. If you qualify for a credit in respect of any component product, we will credit your account with the actual purchase price (after applying any applicable saving or discount) you paid for such a product as displayed in your order history.

  • Pre-packed Bundle – Unless otherwise indicated by us, your return of a Pre-packed Bundle will only be accepted if you return all of its component products to us. Failure to do so may result in us declining the return of a Pre-packed Bundle.

7: Charges and refunds

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law)  refuse the return,  or only to replace the item that you did return; or to estimate the value of the missing accessories and parts and to credit or refund you in respect of the returned item only.

If you return a product that does not comply with this Policy, you may be liable to reimburse MaxMediaVIP for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations you make on our Website, or any goodwill credit you may receive from us, be refunded.

Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by Instant EFT or COD (cash on delivery) will be refunded to your nominated bank account, and payment by Discovery Miles or eBucks will be refunded to your Discovery Miles or eBucks account.

If you used the Nedbank Personal Loan payment method, your refund will be processed as follows:

If, at any time, items are returned (and such return is approved by MaxMediaVIP) in accordance with the this Returns policy or cancelled before delivery in accordance with customer terms and conditions, the value of the validated refund or cancelled item (as the case may be) will be credited to your loan account or repaid to you by Nedbank.

However, if you, within 45 days of that order being placed, process a return of your entire order (and such return is approved by MaxMediaVIP) in accordance with the Return Policy or you cancel your entire order before delivery, and there is no delivery charge on the order, then FNB will refund you with any fees and interest due on the loan and cancel the loan accordingly.

At MaxMediaVIP, our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, MaxMediaVIP will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. MaxMediaVIP reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact our support team at support@MaxMediaVIP.com. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via support@MaxMediaVIP.com. When reporting a security vulnerability, you must do the following:

  • Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:

    • the URL where the vulnerability occurs;

    • if applicable, the parameter where the vulnerability occurs;

    • the type of the vulnerability;

    • a step-by-step instruction how to reproduce the vulnerability;

    • a demonstration of the vulnerability, by screenshots or video; and

    • if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).

  • Do not share your findings with anyone until MaxMediaVIP has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.

  • Consider telling us how to identify you.

We’re particularly interested in:

  • XSS attacks

  • SQL injection

  • Remote code execution

  • Circumventing permission limitations

  • CSRF attacks

Restrictions

At MaxMediaVIP, we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that MaxMediaVIP does not permit you to do any of the following:

  • access, modify or destroy a MaxMediaVIP customer’s account or data;

  • interrupt or degrade our Service;

  • execute a “Denial of Service” attack;

  • post, transmit, upload, link to, send or store any malicious software;

  • send any unsolicited or unauthorized mail or messages;

  • violate any applicable law;

  • perform any testing that would result in any of the above; or

  • attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, MaxMediaVIP commits to:

  • acknowledging receipt of your vulnerability report in a timely manner;

  • confirming the validity of your report; and

  • notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

T&C
Return Policy
Responsible Disclosure Policy
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