1. WEBSITE TERMS AND CONDITIONS OF USE  

 

1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Tuning Fork Proprietary Limited t/a Linex with registration number 2010/001048/07 (“Linex”) governing the access and use of the information, products, services, ordering, sale and delivery of Products and in general the use of and functions provided on www.linexyamaha.co.za  (“Website”).  

 

1.2 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 in addition to clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. 

 

1.3 Should any person that accesses the Website disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.  

 

1.4 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. You must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions before purchasing any products or services. 

 

1.5 Linex 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. 

 

1.6 Linex reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by Linex from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website. 

 

1.7 If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Our contact details are available in clause 18 below. Please note that calls to us may be monitored for training, security and quality assurance purposes. 

 

2. REGISTRATION AND USE OF THE WEBSITE 

 

2.1 Only registered users may order Products on the Website. 

 

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

 

2.3 You agree and warrant that your username and password shall: 

 

2.3.1 be used for personal use only; and 

 

2.3.2 not be disclosed by you to any third party. 

 

2.4 For security purposes you agree to enter the correct username and password whenever you order products, failing which access to purchase products on the Website will be denied. 

 

2.5 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. 

 

2.6 You agree to notify Linex 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. 

 

3. CONTENT OF THE WEBSITE  

 

3.1 The Website enables you to shop online for an extensive range of products including motorcycle and marine accessories, universal spare parts and more (“Products”). 

 

3.2 Linex reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.  

 

3.3 Linex reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.  

 

3.4 Linex may use the services of third parties to provide information on the Website. Linex has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Linex and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.  

 

3.5 Linex makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:  

 

3.5.1 Linex does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;  

 

3.5.2 whilst Linex has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and  

 

3.5.3 whilst Linex has taken reasonable measures to ensure that the content of the Website is accurate and complete, Linex 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 Linex’s representatives, Linex shall not be bound thereby. 

 

4. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT  

 

4.1 Linex may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Linex does not endorse, nor does the inclusion of any link imply Linex’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.  

 

4.2 While Linex tries to provide links only to reputable websites or online partners, Linex cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Linex. Linex is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.  

 

4.3 You agree that Linex shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.  

 

5. USAGE RESTRICTIONS  

 

The user hereby agrees that it shall not itself, nor through a third party:  

 

5.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;  

 

5.2 decompile, disassemble or reverse engineer any portion of the Website;  

 

5.3 write and/or develop any derivative of the Website or any other software program based on the Website;  

 

5.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Linex;  

 

5.5 remove any identification, trademark, copyright or other notices from the Website; and/or 

 

5.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.  

 

6. CONCLUSION OF SALES AND AVAILABILITY OF STOCK 

 

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

 

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

 

6.3 Subject to what is contained in our Returns Policy, prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. In this instance please contact linexrandburg@linex.co.za or 011 251 4000 quoting the order number and item purchased. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy. We may charge a fee equal to the going rate related to your area for delivery costs. We may also charge a reasonable fee relating to pre-inspection costs incurred by us. Visit our Returns Policy here.

 

6.4 Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof changes without notice to you. You cannot hold Linex liable if such Products 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. 

 

6.5 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Linex, Linex 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 Products are no longer available after you have placed an order, Linex will notify you and you will be entitled to a refund of any amount already paid by you for such Products.  

 

7. PAYMENT 

 

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

 

7.2 Payment can be made for Products via –  

7.2.1 debit card;  

7.2.2 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 Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. 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; 

7.2.3 Instant EFT 

 

 

7.3 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Products. 

 

8. CARD PURCHASES AND SECURITY  

 

Card transactions will be acquired for Linex via PayGate Proprietary Limited (“PayGate“) who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. 

 

9. USER DETAILS SEPARATE FROM CARD DETAILS 

 

The user details stored by Linex are separate from the card details which are entered by you on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

10. STORE OUTLET COUNTRY AND TRANSACTION CURRENCY 

 

The store outlet country of Linex at the time of presenting payment options to you is South Africa. The transaction currency is South African Rand (ZAR). 

 

11. DELIVERY OF PRODUCTS 

 

11.1 Linex offers 2 (two) methods of delivery of Products to you, subject to availability and product dependability. You may elect delivery via: 

 

11.1.1 courier; or  

11.1.2 self-collection. 

 

11.2 Linex will deliver the Products to you as soon as reasonably possible, but no later than 30 (thirty) days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Products 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 Products. If you elect to cancel your order, we will reimburse you for the purchase price. 

 

11.3 Linex’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. Linex is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you 

 

12. SECURITY  

 

12.1 In order to ensure the security and reliable operation of the services to all Linex’s users, Linex hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.  

 

12.2 You may not utilise the Website in any manner which may compromise the security of Linex’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Linex suffer any damage or loss, civil damages shall be claimed by Linex against the user.  

 

12.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Linex and its affiliates, agents and/or partners.  

 

13. INTELLECTUAL PROPERTY RIGHTS  

 

13.1 For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Linex, now or in the future, including without limitation, Linex’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not. 

 

13.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to Linex and as such are protected from infringement by local and international legislation and treaties.  

 

13.3 By submitting reviews, comments and/or any other content (other than your personal information) to Linex for posting on the Website, you automatically grant Linex and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. 

 

13.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.  

 

13.5 Except with Linex’s express written permission, no proprietary material from this Website may be copied or retransmitted.  

 

13.6 Irrespective of the existence of copyright, the user acknowledges that Linex is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.  

 

13.7 Linex authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.  

 

14. RISK, LIMITATION OF LIABILITY AND INDEMNITY  

 

14.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.  

 

14.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Linex be liable for any loss, harm, or damage suffered by the user as a result thereof. Linex reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Linex deem it necessary. 

 

14.3 To the extent permissible by law:  

 

14.3.1 Neither Linex, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Linex knows or should reasonably have known or is expressly advised thereof.  

 

14.3.2 The liability of Linex for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Linex rectifying the malfunction, within a reasonable time and free of charge, provided that Linex is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Linex. However in no event shall Linex be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.  

 

14.3.3 You hereby unconditionally and irrevocably indemnify Linex and agree to hold Linex free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Linex or instituted against Linex as a direct or indirect result of:  

 

14.3.3.1 your use of the website and/or any linked third party website; 

 

14.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Linex; 

 

14.3.3.3 your failure to comply with any of the terms or any other requirements which Linex may impose from time to time; 

 

14.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or  

 

14.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Linex.  

 

14.4 Linex makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Linex for any LOSS suffered by you, as a result of information supplied by Linex being incorrect, incomplete or inaccurate.  

 

15. LINEX PRIVACY 

 

15.1 Linex takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Linex Privacy Policy. 

 

15.2 Linex respects your privacy and is committed to protect your privacy with a view to offer the best and most enriching experience to you for both in-store purchases and purchases on our website. The processing of your personal information is done in accordance with our Privacy Policy 

 

15.3 You expressly consent to us collecting and processing your personal information when registering on this Website and using our services. 

 

16. WHEN AND WHERE DO WE USE COOKIES? 

 

16.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.  

 

16.2 To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website. 

 

16.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. 

 

17. ELECTRONIC COMMUNICATIONS 

 

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. 

 

18. COMPLIANCE WITH SECTION 43(1) OF ECT ACT  

 

In compliance with section 43(1) of the ECT Act, the following is noted:  

 

18.1 Full name: Tuning Fork (Pty) Ltd t/a Linex 

 

18.2 Registration number: 2010/001048/07 

 

18.3 Physical address: Corner Malibongwe Drive and Tungsten Road, Strydompark, Randburg, 2169 

 

18.4 Telephone number: 011 251 4000 

 

18.5 Website address: www.linexyamaha.co.za

 

18.6 E-mail address: linexrandburg@linex.co.za  

 

18.7 Names of office bearers: R. Van Rensburg 

 

18.8 Registered at: Pretoria 

 

19. COMPLIANCE WITH LAWS  

 

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.  

 

20. NOTICES  

 

Except as explicitly stated otherwise, any notices shall be given by email to linexcomplaints@linex.co.za (in the case of Linex) or to the e-mail address you have provided to Linex (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Linex may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Linex. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.  

 

 

21. GENERAL CLAUSES  

 

21.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.  

 

21.2  Country of domicile

 

This website is governed by the laws of South Africa and Linex chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:

 

Corner Malibongwe Drive and Tungsten Road
Strydompark, Randburg
2169

 

21.3 This Website is controlled, operated and administered by Linex from its offices within the Republic of South Africa. Linex makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.  

 

21.4 Linex does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.  

 

21.5 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.  

 

21.6 Linex’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.  

 

21.7 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Linex.  

 

21.8 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.  

 

21.9 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.  

 

21.10 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.  

 

21.11 These Terms set forth the entire understanding and agreement between Linex and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.

Privacy Policy

1   INTRODUCTION

 

1.1    Tuning Fork Proprietary Limited t/a Linex with registration number 2010/001048/07 (“the Company” and/or “Linex“) manages and operates www.linexyamaha.co.za (“the website“) and our outlets. Linex respects the privacy of its users and is committed to protect it in all respects with a view to offer the best and most enriching experience to our users and customers.

 

1.2    Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymized information.

 

2   CONSENT

 

2.1   By using the website or our services at our outlets to purchase products and/or services, you (interchangeably referred to as “the user“) hereby explicitly and unambiguously consent to the collection, use and transfer, in electronic or other form, of your personal data as described in this document by Linex.

 

2.2   You understand that Linex, the website and its Partners hold certain personal information about you, including, amongst others:

 

2.2.1   Name;

 

2.2.2   Surname;

 

2.2.3   Residential and postal address;

 

2.2.4   Date of birth;

 

2.2.5   Contact numbers; and

 

2.2.6   Email address.

 

2.3     You further understand that Linex and its partners will transfer data among themselves for purposes of implementation, administration and management of the user’s participation on the website and outlets when offering you services and/or products.

 

2.4    You hereby authorize Linex to receive, possess, use, retain and transfer such data as may be required for the administration of the website and offering services and/or products to you.

 

2.5    You may withdraw consent at any time by using the unsubscribe link in the footer of any email or by sending an email to linexunsubscribe@linex.co.za 

 

2.6   Where we have processed personal data on the lawful basis of consent, you may have the right to withdraw this consent. However, this will not affect the lawfulness of processing based on consent before its withdrawal.

 

3   USER INFORMATION

 

3.1   To avail certain services and products on our website or at our outlets, users are required to provide certain information for the registration process that may include but is not limited to your name, your surname, email address and, in relation to the website, a password.

 

3.2   Linex may use your personal information to confirm that your orders have been received; to validate you as a customer when using our services; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups, to offer our products to you, and –

 

3.2.1  in relation to the ordering, sale and delivery of Products;

 

3.2.2  to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

 

3.2.3  to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

 

3.2.4  to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.

 

4   COOKIES

 

This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause. For more information about our Cookies, kindly visit our website terms and conditions of use.

 

5   LINK TO THIRD PARTY WEBSITES

 

5.1   The website includes links to other websites. Such websites are governed by their own privacy policies. Once you leave our servers, use of information you provide is governed by the privacy policy of the responsible party of the site you are visiting. That privacy policy may differ from Linex’s. It is your responsibility to understand the privacy policies of such websites.

 

5.2   When Linex presents information to its advertisers for marketing purposes, it is usually in form of aggregated statistics on traffic to various pages within our website. Once registered with us, we may contact you from time to time to update you on the personal information you provide us to enable us to provide features that may benefit you.

 

6  INFORMATION SHARING

 

6.1  Linex will not disclose your personal information to any third party other than as set out below:

 

6.1.1  to our employees and/or third parties who assist us to interact with you via our Website or outlets, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

 

6.1.2    to our divisions, affiliates and/or partners (including their employees and/or third party Yamahas) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

 

6.1.3  to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

 

6.1.4   to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

 

6.1.5   to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement.

 

6.2     We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Linex is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

6.3    We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

 

7  UPDATING AND ACCESSING YOUR PERSONAL INFORMATION 

 

7.1  When you as the user use our website or make use of our outlets, we undertake to provide you with access to your personal information and provide mechanisms that any personal information found to be inaccurate or incomplete could be corrected or amended as feasible subject to any requirement or rule for such personal information to be retained by law.

 

7.2   Prior to the amendment, correction or removal of the user’s personal information, we require the user to identify themselves and to identify the portion information requested to be amended, correct or removed. A request for the amendment, correction or removal of personal information may be declined if the process of the request is unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others or would be impractical.

 

7.3   The services of access and correction of personal information is done free of charge, except to the extent that it would require disproportionate effort by Linex. Once personal information is deleted, residual copies of the information may take a period of time before they are deleted from our servers and may remain in our backup systems.

 

7.4   It is important that any information you provide directly to us is accurate and correct. Please let us know as soon as you can if any information we hold about you is no longer correct.

 

7.5  Providing false or inaccurate information in order to obtain a product or service may also result in services being restricted or cancelled.

 

8   INFORMATION SECURITY

 

8.1  Linex will take reasonable and appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

 

8.2  provide you with access to your personal information to view and/or update personal details;

 

8.3  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

 

8.4   provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

 

8.5  whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

8.6  If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Linex, LINEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE 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.

 

8.7  All information obtained by Linex is stored on a dedicated servers within the borders of South Africa. The server is secured behind a firewall and access to the server is password protected and strictly limited. Notwithstanding this, no security measures or systems are impenetrable. We cannot make any guarantees against data breaches.

 

9   YOUR RIGHTS AS A DATA SUBJECT

 

As a data subject, you have a number of data privacy rights. These rights include the right to request from Linex access to, correction or deletion of your personal data or restriction of processing concerning your data or to object to the processing of your personal information. All the rights of a data subject are contained in the Protection of Personal Information Act 4 of 2013. The information on these rights can be found at the Information Regulator’s website at https://www.justice.gov.za/inforeg/, to whom you have the right to make a complaint, if we do not resolve your complaint.

 

10 DATA RETENTION

 

10.1  We will not retain your personal information for longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

 

10.2  We may also retain your personal information to the extent and duration that we have a legitimate interest to process your personal information depending on, amongst others, the nature and lifespan of the goods purchased from us.

 

10.3  We will upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

 

 

11 MARKETING

 

Linex will only send you direct marketing when you have either provided consent or where we believe we can demonstrate a legitimate interest and have balanced this with your interests and privacy. You have the right to opt out of receiving direct marketing at any time by following the appropriate channels, e.g. you may click an unsubscribe box on our email communications.

 

12  COMPLAINTS AND GRIEVANCES

 

12.1  Any complaints or concerns with regards to content or to report any contraventions of laws or breach of these terms may be directed to our designated Deputy Information Officer Kim Hudson Piccione (“the Information Officer“) –

 

via post:     19 Eastern Services Road

Kelvin

Sandton

Johannesburg

 

via email:  linexcomplaints@linex.co.za 

 

12.2    If we do not manage to resolve your complaint you may also lodge a complaint to the office of the Information Regulator at https://www.justice.gov.za/inforeg/.

 

13  CHANGES TO THIS PRIVACY POLICY

 

Given the ever changing reality of the internet, we may change our privacy policy from time to time to accommodate future changes as necessary. The future updates and changes will be consistent with the policy under which the personal information was collected. It is the responsibility of the user to ensure to check our website from time to time to view the updated privacy policy.