Use of this website constitutes acceptance of the Terms of Use for this Agreement.
Audio Motive Distributors South Africa is the Parent company with licensed Brand rights to Audio Motive Solutions Products. www.audiomotive.co.z
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Audio Motive Solutions (Pty) Ltd (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.audiomotivesolutions.co.za website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or additional documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will notify you of any updates by revising the “Last Updated” date at the top of this document, and you waive any right to receive specific notice of each such change. You are encouraged to review these Terms regularly to stay informed of any updates. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to those changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Audio Motive Solutions (Pty) Ltd to any registration requirement within such jurisdiction or country.
Accordingly, persons who choose to access the Site from locations outside the Republic of South Africa do so on their own initiative and are solely responsible for compliance with applicable local laws, where and to the extent such laws apply.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is the proprietary property of Audio Motive Solutions (Pty) Ltd, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or lawfully licensed to us.
All such materials are protected by South African copyright, trademark, and intellectual property laws, as well as applicable international conventions and treaties.
The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without the prior written consent of Audio Motive Solutions (Pty) Ltd.
Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, and revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have lawfully gained access, solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use this website for any purpose other than that for which Audio Motive Solutions (Pty) Ltd makes it available.
The Site and its services may not be used in connection with any commercial activities except those that are expressly authorized or approved in writing by Audio Motive Solutions (Pty) Ltd.
As a user of the Site, you agree that you will not:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a database, directory, or collection without prior written consent from us.
Attempt to trick, defraud, or mislead Audio Motive Solutions or other users, including in any attempt to obtain sensitive account information such as passwords or payment details.
Circumvent, disable, or interfere with any security-related features of the Site, including features that prevent or restrict copying of Content or enforce limitations on use.
Disparage, tarnish, or otherwise harm, in our opinion, the reputation of Audio Motive Solutions (Pty) Ltd or its employees, partners, or affiliates.
Use any information obtained from the Site to harass, abuse, or harm another person.
Make improper use of our support channels or submit false reports of abuse, warranty claims, or misconduct.
Use the Site in a manner that violates any applicable South African laws, regulations, or third-party rights.
Engage in unauthorized framing of, or linking to, the Site.
Upload, post, or transmit (or attempt to upload or transmit) any viruses, malicious code, spam, or any other material that interferes with any user’s enjoyment of the Site, or that disrupts, alters, or impairs the operation or maintenance of the Site.
Engage in any automated use of the system, including but not limited to using scripts, bots, or data-mining tools to collect information or send messages.
Remove or obscure any copyright, trademark, or proprietary rights notice from the Content.
Impersonate another user or person, or use another user’s login credentials.
Upload or transmit (or attempt to upload or transmit) any tracking or data-collection mechanisms such as “spyware,” “cookies,” “web bugs,” or similar passive collection tools without authorization.
Interfere with, disrupt, or place an undue burden on the Site, its servers, or any connected networks.
Harass, intimidate, or threaten any of our employees, contractors, or representatives providing services through the Site.
Attempt to bypass, disable, or tamper with any security or access-control measures protecting the Site or its data.
Copy, adapt, decompile, reverse-engineer, or otherwise attempt to derive the source code of any software used on or within the Site.
Use or launch any unauthorized automated system, including spiders, scrapers, bots, cheat utilities, or offline readers that access the Site without prior written permission.
Use a purchasing agent or intermediary to make transactions on the Site without our authorization.
Engage in any unauthorized use of the Site, including collecting email addresses or contact information for unsolicited marketing or creating accounts under false pretenses.
Use the Site, its Content, or any part thereof as part of any effort to compete with Audio Motive Solutions (Pty) Ltd, or for any revenue-generating or commercial enterprise not approved by us in writing.
USER GENERATED CONTRIBUTIONS
The Audio Motive Solutions website does not generally provide users with the ability to publicly post or submit content. However, from time to time, we may offer you the opportunity to create, upload, submit, display, transmit, or otherwise provide content and materials to us — including, but not limited to, text, reviews, feedback, testimonials, photographs, videos, audio recordings, graphics, comments, or suggestions (collectively, “Contributions”).
Your Contributions may, in certain cases, be viewable by other users of the Site or through our linked third-party platforms (such as social media channels). Any Contributions you provide will be handled in accordance with our Privacy Policy.
By submitting or making available any Contributions to Audio Motive Solutions (Pty) Ltd, you represent and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use, and to authorize Audio Motive Solutions (Pty) Ltd, the Site, and its users to use, your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions and their use will not infringe upon any third-party intellectual property rights, including but not limited to copyright, trademark, patent, trade secret, or moral rights.
You have obtained the written consent, release, and/or permission of every identifiable person appearing in your Contributions to allow the use of their name, image, or likeness as part of your submission.
Your Contributions are not false, misleading, or deceptive.
Your Contributions do not constitute unauthorized advertising, promotions, pyramid schemes, spam, or any other form of solicitation.
Your Contributions are not obscene, defamatory, offensive, harassing, violent, or otherwise objectionable (as reasonably determined by Audio Motive Solutions (Pty) Ltd).
Your Contributions do not ridicule, mock, threaten, intimidate, or abuse any individual or group.
Your Contributions do not violate any applicable law, regulation, or municipal bylaw within the Republic of South Africa or any other jurisdiction.
Your Contributions do not infringe upon the privacy, publicity, or data protection rights of any third party.
Your Contributions do not include or promote any content that could be considered exploitative, abusive, or harmful to minors.
Your Contributions do not include hate speech or discriminatory content based on race, ethnicity, nationality, gender, religion, sexual orientation, or physical ability.
Your Contributions do not otherwise violate, or link to material that violates, these Terms of Use or any applicable legal requirements.
Any use of the Site or submission of Contributions in violation of the above terms constitutes a breach of these Terms of Use and may result in suspension or permanent termination of your access to the Site and its services, at the discretion of Audio Motive Solutions (Pty) Ltd.
CONTRIBUTION LICENSE
You and Audio Motive Solutions (Pty) Ltd (“we,” “us,” or “our”) agree that we may access, store, process, and use any information and personal data that you provide to us in accordance with our Privacy Policy and your chosen preferences or settings.
By submitting suggestions, reviews, or feedback regarding our Site or products, you agree that we may use, reproduce, modify, adapt, publish, or share such feedback for any purpose, including promotional or commercial purposes, without compensation to you.
We do not claim ownership over your original content or materials (“Contributions”). You retain full ownership of your Contributions and all associated intellectual property rights. However, by submitting or making available any Contributions on or through the Site, you grant Audio Motive Solutions (Pty) Ltd a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and adapt such Contributions for the operation, improvement, and promotion of our Site, products, and services.
We are not liable for any statements, representations, or content contained in your Contributions. You are solely responsible for any Contributions you provide, and you agree to hold Audio Motive Solutions (Pty) Ltd harmless and to refrain from initiating any legal action against us in connection with your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, ideas, suggestions, feedback, or other information relating to the Site, products, or services (“Submissions”) provided by you to Audio Motive Solutions (Pty) Ltd are non-confidential and shall become our exclusive property.
We shall own all rights, including intellectual property rights, in such Submissions and may use them without restriction or compensation to you. You hereby waive any moral rights in your Submissions and warrant that such content is your original work or that you have full authority to submit it. You agree that you will not pursue any claim against Audio Motive Solutions (Pty) Ltd for alleged infringement or misappropriation relating to any Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Site for any violations of these Terms of Use.
Take appropriate legal action against anyone who breaches these Terms or any applicable law, including reporting such violations to the relevant authorities.
Restrict access to or remove any content that we determine to be inappropriate or in breach of these Terms.
Remove or disable any files or materials that are excessive in size or that may burden our systems.
Manage the Site to protect our rights, ensure security, and maintain proper functionality.
TERM AND TERMINATION
These Terms of Use remain in full force while you access or use the Site.
We reserve the right, in our sole discretion and without notice, to deny access to or terminate your use of the Site for any reason, including but not limited to a breach of these Terms, applicable law, or misuse of the Site. We may delete any content you have submitted at any time.
If your access is terminated, you are prohibited from creating a new account or accessing the Site under any alias or on behalf of another party. We also reserve the right to pursue civil or criminal legal action for any violations.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, suspend, or discontinue any part of the Site at any time and for any reason, without notice.
We do not guarantee that the Site will always be available or error-free. Technical issues, maintenance, or updates may cause interruptions or delays. Audio Motive Solutions (Pty) Ltd will not be liable for any losses or inconvenience caused by such interruptions.
Nothing in these Terms obligates us to maintain, support, or provide updates to the Site.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa. You agree that any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Pietermaritzburg, KwaZulu-Natal, South Africa.
DISPUTE RESOLUTION
If a dispute arises between you and Audio Motive Solutions (Pty) Ltd, both parties agree to first attempt to resolve it informally. If an amicable resolution cannot be reached, the matter will be referred to arbitration in Pietermaritzburg, South Africa, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
The arbitration shall be conducted in English, and the award shall be final and binding on both parties.
Nothing in this clause prevents either party from seeking urgent interim relief in a court of competent jurisdiction.
CORRECTIONS
Information on the Site may occasionally contain errors, inaccuracies, or omissions, including pricing or availability details. We reserve the right to correct, amend, or update such information at any time without prior notice.
DISCLAIMER
The Site and all related content are provided on an “as is” and “as available” basis. Your use of the Site is at your sole risk.
Audio Motive Solutions (Pty) Ltd disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We make no guarantees about the accuracy or reliability of the Site’s content or third-party links and accept no responsibility for:
Errors or omissions in any content;
Any unauthorized access to or use of our servers or personal information;
Service interruptions or downtime;
Viruses, malware, or other harmful components transmitted by third parties;
Any loss or damage resulting from your use of the Site.
We are not responsible for payments made through third-party payment gateways (such as PayFast or PayGate) that are not successfully received in our account. Until payment is confirmed and cleared in full, we cannot release any purchased items. All third-party payment services are subject to their own terms and processing timelines, which are beyond our control.
LIMITATION OF LIABILITY
In no event shall Audio Motive Solutions (Pty) Ltd, its directors, employees, or agents be liable to you or any third party for indirect, incidental, special, or consequential damages (including loss of profit, revenue, or data) arising from your use of the Site.
Our total liability to you for any claim shall not exceed the amount paid by you for the product or service giving rise to the claim.
INDEMNIFICATION
You agree to indemnify and hold harmless Audio Motive Solutions (Pty) Ltd, its affiliates, directors, employees, and agents from any loss, claim, or damage (including legal fees) arising from your use of the Site, your breach of these Terms, or your violation of any law or third-party rights.
USER DATA
We may store data that you transmit to the Site for operational or performance purposes. While regular backups are performed, you remain solely responsible for all data related to your activity. We accept no liability for loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, emailing us, or completing forms online, you consent to receive electronic communications from Audio Motive Solutions (Pty) Ltd.
You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You further consent to the use of electronic signatures and records in all transactions conducted via the Site.
MISCELLANEOUS
These Terms of Use, together with our Privacy Policy and other posted notices, constitute the full agreement between you and Audio Motive Solutions (Pty) Ltd.
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. No failure by us to enforce any right or provision shall be deemed a waiver thereof.
These Terms are governed by South African law, and any ambiguities shall not be construed against the drafter.
INSTALLATION VOUCHERS
Installation Vouchers and promotional coupons (“Coupons”) available on the Site may be used toward qualifying product purchases.
Purchased Installation Vouchers are valid for 90 days from the date of sale.
Complimentary or promotional vouchers are also valid for 90 days, unless otherwise stated.
Expired vouchers cannot be extended, refunded, or redeemed for cash.
Each voucher carries a unique code linked to a specific purchase or installation.
If your voucher does not cover the full cost of installation or product purchase, the remaining balance may be paid by you directly.
Installation Vouchers may not be used to purchase additional vouchers or discounts.
CONTACT US
For any queries, complaints, or further information regarding the Site or these Terms of Use, please contact us at:
📧 reception@audiomotive.co.za
📞 +27 (0)33 347 3470
🏢 Audio Motive Solutions (Pty) Ltd, Pietermaritzburg, KwaZulu-Natal, South Africa