Terms of Use


TERMS OF USE

You, the customer, are using this site or web-based station (both referred to as the site for easy reference) to browse and download content such as e-books, videos and music (content). Red Touch Media Limited, private company of England within the Red Touch Media content-management group (scroll right down for full details) (RTM), is the entity ultimately sourcing the content and powering the site. Skullcandy, a Skullcandy (scroll right down for full details) (the Retailer) provides you with access to the site and enables you to download the content you pay for.

By indicating your acceptance and/or using the site you agree in favour of RTM and the Retailer that you are bound by these Terms of Use and the Transaction Terms when using this site and downloading content and that you have read, understood and agree to be bound by the Privacy Policy .

These Terms of Use and the Transaction Terms and Privacy Policy are constantly available on the site or, if you are using a web-based station, at https://skullcandy.redtouchmedia.com/Home/Terms.

If English is not your first language and you would like any term to be clarified in your mother tongue, please email musicsupport@redtouchmedia.com , and the Retailer will endeavour to assist you with your query.

1. PRIVACY POLICY

  • Please review the Red Touch Media Privacy Policy , which also governs your use of the site, to understand RTM’s practices.
  • You acknowledge and agree that internet transmissions are never completely private or secure and you also acknowledge and accept that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted .

2. CHANGES TO TERMS

· RTM reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Terms of Use, the Transaction Terms or the Privacy Policy, at any time.

· Because the Terms of Use or Transaction Terms or Privacy Policy may change from time to time, it is your responsibility to check them before you use the site again or another web-based station.

  • Your continued use of the site or any web-based station following the posting of changes will mean that you accept and agree to the changes .

3. CHANGES TO SITE

· You agree and accept that RTM and/or the Retailer is/are entitled to, at its/their sole discretion, terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site or any content, at any time, without notice to you.

4. ELECTRONIC COMMUNICATIONS

· When you use the site, you are communicating with RTM electronically.

· In return, you consent to receive communications from RTM electronically, by email or by the posting of notices on the site.

  • You hereby accept and agree that all agreements, notices, disclosures, and other communications that RTM provides to you electronically as described above satisfies any legal requirement that such communications be in writing .

5. INTELLECTUAL PROPERTY PROTECTION

· Red Touch Media, Red Touch, RedTouchMedia.com, Really Epic Dog, and other marks appearing on the site are registered trademarks of RTM or its holding companies, subsidiaries and affiliates, in the United Kingdom and other countries. redtouchmedia.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RTM or its holding companies or subsidiaries.

  • RTM’s trademarks and trade dress may not be used in connection with any product or service that is not RTM’s or that of its holding companies, subsidiaries or affiliates in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits RTM, its holding companies, subsidiaries or affiliates .

· All other trademarks and trade dress not owned by RTM, its holding companies, subsidiaries or affiliates (Other Trademarks) that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RTM or its subsidiaries or affiliates.

  • No Other Trademarks may be used in connection with any product or service that is not approved by the owner, or in any manner that is likely to cause confusion among consumers as to the identity of the owner, or in any manner that disparages or discredits the owner .

· The components of this site such as but not limited to user and visual interfaces, text, graphics, photographs, trademarks, logos, icons, audio clips, digital downloads, data compilations, sounds, music, artwork, and software (including but not limited to the site’s “look and feel”, design, structure, selection, coordination, expression and arrangement of the content on the site) is owned, controlled, or licensed by or to RTM and / or the Retailer and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use and without limiting any other restrictions in these Terms of Use, no portion of the site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium without RTM’s express prior written consent .

· You may use product information purposely made available for downloading from the site provided that you (1) do not remove any proprietary notice language in any copies of the information (e.g. “Copyright ©”), (2) use the information only for personal, non-commercial, informational purposes, (3) do not copy or post the information on any networked computer or broadcast it in any media, (4) make no modifications to the information and (5) do not make any additional representations or warranties relating to the information.

6. LICENCE AND LICENCE LIMITATIONS

· RTM and/or the Retailer grant you a limited licence to access and make personal use of the site, subject to the limitations and prohibitions in these Terms of Use.

· The Retailer grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited licence to view the content you download from the site in terms of these Terms of Use and the Transaction Terms, for your personal, non-commercial viewing. Except for this, you will have no right, title or interest in that content.

  • The licence to view the content you download may be revoked when you breach clause 5 above or clause 7 below in these Terms of Use .

· In the case of video on demand, the licence to view the content you download is also revocable if you do not activate the viewing period within 30 days of download. In these cases the licence will be revoked 24 or 48 hours after you have activated the viewing period, depending on the content downloaded.

7. LIMITATIONS AND PROHIBITED ACTIONS

  • What follows is not a complete list of limitations to the licences in item 6 above or of prohibited actions. Other limitations and prohibitions set out in these Terms of Use or the Transaction Terms or Privacy Policy are equally binding .

· The licence in item 6 above does not include and RTM and the Retailer reserve the right to bar any of the following: (1) any collection and use of any product listings, descriptions, or prices on the site, (2) any derivative use of the site or its contents or (3) any use of data mining, robots, page scrape, spider, algorithm, methodology, or other data gathering and extraction tools to access, acquire, copy or monitor any portion of the site or any content.

· You may not sell, rent, lease, distribute, broadcast, sub-license, assign or otherwise transfer any portion of any content you download from the site or any rights or licence associated with it, including but not limited to any code or credentials which allow access to that content.

· You may not circumvent, remove, alter, deactivate or degrade any of the content protections in or on the site, any of its components, any content on the site or downloaded from the site or any device used to receive downloaded content.

· You may not attempt to gain unauthorised access to any portion or feature of the site, or any other systems or networks connected to the site or to any RTM or Retailer server, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.

· You may not probe, scan, or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site.

· You may not do reverse look-ups, trace, or seek to trace any information on any other user or visitor to the site, including but not limited to any customer account not owned by you, to its source.

· You may not exploit the site or any service or information offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

· You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or RTM’s or the Retailer’s systems or networks, or any systems or networks connected to the site, to RTM or to the Retailer.

· You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the site, or any transaction being conducted on the site, or with any other person’s use of the site.

· You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RTM or the Retailer on or through the site, or any service offered on or through the site.

· You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

· You may not use the site or its content for any purpose that is unlawful or prohibited by these Terms of Use, the Transaction Terms or the Privacy Policy, or to solicit the performance of any illegal activity or other activity that infringes the rights of RTM, the Retailer or others.

8. YOUR ACCOUNT

  • You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities that occur under your username or password . You could be held liable for losses incurred by RTM, the Retailer or third parties due to someone else using your username or password .

· You agree to notify the Retailer or RTM immediately of any unauthorised use of your user identity or password, or any other breach of security.

  • RTM may deactivate your account if you materially breach these Terms of Use. Without limiting the scope of material breach, any repeat breach of clause 7 is a material breach .

9. YOUR REVIEWS, COMMENTS, IDEAS AND OTHER CONTENT

· You may post reviews, comments, and other communications and submit suggestions, ideas, comments, questions, or other information on the site or to RTM or the Retailer (Customer Content), as long as the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

· You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead any person as to the origin of any Customer Content.

· RTM and the Retailer reserve the right, but are not obliged, to remove or edit any Customer Content from the site.

  • You hereby grant RTM, its subsidiaries, holding companies and affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display in any media, throughout the world, any of the Customer Content you post or submit .
  • You hereby agree to waive any rights to compensation which you may have or any claims for payment which you may have in relation to any Customer Content you post or submit .
  • You grant RTM, its subsidiaries, holding companies, affiliates and sub-licensees the right to use the name that you submit in connection with the Customer Content you post or submit, if they choose .
  • You represent and warrant that (1) you own, or otherwise control, all of the rights to the Customer Content you post or submit, (2) the Customer Content you post or submit is accurate, (3) use of the Customer Content you post or submit does not violate these Terms of Use and will not cause injury to any person or entity .
  • You hereby indemnify RTM, its subsidiaries, holding companies, affiliates and sub-licensees and the Retailer against all claims in connection with the Customer Content you post or submit .
  • RTM and the Retailer take no responsibility and assume no liability for or in connection with any Customer Content .

10. LIMITATION OF RTM’S LIABILITY

  • You agree that, due to the voluntary nature of your access to the site, RTM shall not be held liable and you hereby waive (abandon) your right to hold RTM liable for any loss or damages of any kind or of whatsoever nature, arising out of or in connection with your access to (or inability to access) the site, or arising out of or in connection with your use or reliance on the site or the content, including but not limited to loss or damages arising from inaccuracy of information on the site whether through technical inaccuracies or typographical errors , except where any such loss is attributable to the gross negligence of RTM or any person acting for or controlled by RTM.

11. PROTECTION OF RTM FROM CLAIMS AND LOSSES

  • You undertake to access and use this site in a responsible manner .
  • You hereby indemnify and hold RTM, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries, affiliates and all its assignees (persons taking over its rights and obligations), harmless against any and all demands, loss, liability, claims or expenses (including attorney’s fees) suffered by RTM or made against RTM by any third party whatsoever, arising out of or in connection of your use of the site .

12. AGREED GOVERNING LAW

  • You hereby agree and accept that the laws of the The United States of Americawill govern the Terms of Use and the Transaction Terms and Privacy Policy and any breach and / or enforcement of them.

13. CONSENT TO ALTERNATIVE DISPUTE RESOLUTION

you will endeavour to resolve the dispute by a process of negotiation with RTM or the Retailer, as applicable, over a period of 21 (twenty one) days from date of notification of the dispute to RTM or the Retailer, as applicable. If agreement cannot be reached, the dispute will be submitted to and decided on by arbitration.

  • The arbitration will be held in Salt Lake City, Utah USA

· The arbitrator will be such person as may be mutually agreed upon between the parties. If the parties fail to reach agreement regarding the appointment of an arbitrator, either of the parties may request the Chairman of The United States of Americato appoint an arbitrator in which event the standard administrative procedures, schedule of costs and the then current Rules of The United States of Americawill apply. The Rules may be viewed at http://www.arbitrators.co.za/

  • The language to be used in the arbitration proceedings will be English.
  • The arbitrator may:
  • rely on his own expert knowledge and experience;
  • receive and take into account such written and oral evidence as he determines to be relevant, whether or not admissible in law, and give such weight to it as he deems appropriate;
  • make one or more interim awards;
  • appoint an assessor, valuer or other expert to assist him.

· This clause will remain in force even if the contract which it forms a part of terminates.

· There will be a right of appeal to a panel of no less than 3 (three) appeal arbitrators.

Copyright © Red Touch Media Limited. All rights reserved.

Red Touch Media Limited, registration number 2013/156972/07, registered in England and Wales. Office bearers: Wayne Scholes (director).

Physical address (legal service accepted here): 43 Birchwood Court, Montrose Street, Vorna Valley, Midrand, Gauteng.

Contact number:*18014476860

Contact email: legal@redtouchmedia.com

Website for Red Touch group: www.redtouchmedia.com

[Insert same details for Retailer]

PRIVACY POLICY

(NB! SEE POINT 2 BELOW: “You hereby consent to the processing of your personal information as described in this Privacy Policy.”)

By using the site and providing personal information on it, you will be providing personal information to RTM.

At RTM, we respect your right to privacy and are committed to protecting the personal information that we ask you to supply to us via the site. By ensuring that you are aware of and understand RTM’s Privacy Policy, we can provide you with better service. Please take a moment to read the following policy to learn how we handle your personal information. By indicating your acceptance and/or using the site you agree to be bound by and give the consents in this Privacy Policy.

1.

As a “data subject”, we draw to your attention that under the provisions of Section 10 of the Protection of Personal Information Act No 4 of 2013 (POPI), personal information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.

We further draw to your attention that, in terms of the provisions of Section 11 (1) of POPI, personal information may only be processed if:

a) the data subject or a competent person where the data subject is a child, consents to the processing;

b) processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

c) processing complies with an obligation imposed by law on the responsible party;

d) processing protects a legitimate interest of the data subject;

e) processing is necessary for the proper performance of a public body; or

f) processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

2. CONSENT AND JUSTIFICATION

You hereby consent to the processing of your personal information as described in this Privacy Policy. See in particular items 5, 6, 7, 8 and 11 below .

In addition, it is our submission and understanding that the processing of your personal information is required:

· In order to carry out the necessary actions for the conclusion and performance of the contract to which you as the data subject are or are about to be a party to; and / or

· In order for RTM (as the responsible party) to pursue its legitimate interests, as a web-content manager and / or content aggregator or, where applicable, the legitimate interests of a third party to whom the information may be supplied in terms of this Privacy Policy.

3. YOUR RIGHTS AS A DATA SUBJECT

We draw your attention to your rights under Section 5 of POPI, which include:

  • The right to be notified that:
    • personal information about you is being collected; or
    • your personal information has been accessed or acquired by an unauthorised person;

· The right to establish whether a responsible party holds your personal information and to request access to it;

· The right to request correction, destruction or deletion of your personal information;

· The right to object to the processing of personal information, on reasonable grounds;

· The right not to have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications;

· The right to submit a complaint to the Information Regulator regarding the alleged interference with the protection of your personal information;

· The right to institute civil proceedings regarding the alleged interference.

4. GENERAL BROWSING

· We draw your attention to the fact that we gather navigational information about where visitors go on the site and information about the technical efficiencies of the site (i.e. time to connect to the site, time to download pages).

· This information allows us to see which areas of the site are most visited, and helps us to improve the quality of your online shopping experience.

5. WHY DO WE COLLECT PERSONAL INFORMATION?

  • · We draw your attention that RTM collects and uses your personal information to:
    • allow you access to the site and / or open and manage your user account;
    • provide you with a safe, efficient, and customised experience;
    • provide you with convenient access to products and services, and
    • keep you up-to-date on latest announcements, special offers, and other information we think you would like to hear about.

· In addition, from time to time, we may use your personal information to contact you to participate in a market research survey to gauge customer satisfaction and develop better products and services.

· We only collect personal information about you that we consider necessary for achieving these broad purposes.

6. HOW AND WHEN DO WE COLLECT PERSONAL INFORMATION?

· We collect personal information about you in several ways. We may ask you for your contact information when you establish or update an account on the site, correspond or call to complete a download or request service, enter a contest, participate in a promotion, participate in an online survey, or ask to be included in an e-mail mailing list.

  • The personal information that you provide is stored in a secure database .

· To make our web services easier to use, you will need to create a "Red Touch ID" with your personal information. Simply fill out a brief profile – including an online username and password for security. In the future, all you will need to do is login to access the site’s special features.

7. HOW DO WE USE THE INFORMATION?

· We use your personal information to respond to your enquiries, fulfil orders that you have placed, or contact you in the event of order or delivery difficulties.

· We also use the information we obtain from your current and past activities on the site to customise your experience, troubleshoot problems, measure consumer interest in products and services, inform you about promotions, products, services, and updates, detect and protect us against error, fraud and other criminal activity, and enforce the Terms of Use and Transaction Terms.

  • You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyse site usage, improve content and product offerings, and customise the site's content, layout, and services .

· These uses improve the site and allow us to tailor it to meet your needs, so we may provide you with an efficient, safe, and customised experience.

  • You also agree that we may use your personal information to contact you and deliver information to you that, in some cases, will be targeted to your interests . This may include targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the site.
  • If you do not wish to receive these communications, we encourage you to opt out using the opt out or “unsubscribe” links provided.

8. WHEN DO WE DISCLOSE PERSONAL INFORMATION?

· From time to time RTM may employ third parties who may collect personal information on RTM’s behalf.

· In such cases, such third parties will be instructed by RTM to comply with this Privacy Policy.

· RTM may also provide aggregate statistics about users such as you, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

  • We may disclose your personal information if we believe that disclosure is necessary for the public interest, for the purposes of any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with RTM ’s rights or property, or the rights or property of the visitors, users or partners of the site.
  • Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy.
  • For example, we may be required by law or legal process to disclose personal information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications .
  • Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private .

· Please note that this Privacy Policy applies only to the site and not to web sites maintained by other companies or organisations to which we link.

9. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

· RTM safeguards the security of the data you send us with physical, electronic, and managerial protocols.

· We urge you to take every precaution to protect your personal information when you are on the Internet by changing your passwords often by using a combination of letters and numbers, and making sure you use a secure browser.

· In addition, we only reveal the last five digits of your credit card number when confirming an order.

· RTM uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make payments you must use an SSL-enabled browser such as Internet Explorer, Firefox, or Safari. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.

· If you are using a kiosk, you will make payment using a secure third party card payment service. The card payment service uses EMV Card Switching along with EMV compliant, certified EFT/PinPad entry devices to generate a secure payment environment.

10. HOW DO I ACCESS OR UPDATE MY PERSONAL INFORMATION?

· You always have access to the information we have about you. We prefer that you keep your personal information accurate and up-to-date.

· To review and update your personal contact information, log into your account and click the "My Account" button.

11. COLLECTING OTHER PERSONAL INFORMATION AND COOKIES

· The following applies when you access the site using your personal computer.

· When you browse the site, you are able to do so anonymously - as we do not collect personal information when you browse. Your browser, however, does automatically tell us the type of computer and operating system you are using.

· Like many websites, the site uses “cookie” technology. Cookies are unique, random alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognise your browser, and to deliver features such as personalised greetings, music preferences, and storage of items in your Shopping Cart.

· Cookies help us to understand which parts of our website are most popular, where our visitors are going, and how long they spend there.

· A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address.

· The Help section on the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

· However, cookies allow you to take full advantage of some of the site’s coolest features, so we recommend that you leave them turned on.

  • In addition, in some of our emails to you, we use “click-through URLs.”

· When you click one of these URLs, you will pass through our web server before arriving at the website that is your destination.

· We track click-through to help us determine your interest in particular topics and artists, and measure the effectiveness of our customer communications.

12. CHILDREN’S GUIDELINES

· RTM does not offer products for downloading by children; products for children may only be downloaded by adults.

· Children (persons under the age of 18 years) may only use the site in conjunction with and under the supervision of a parent or guardian, who should inform them about RTM’s Privacy Policy and the Terms of Use and Transaction Terms.

· In addition, RTM does not knowingly solicit personal information from children or send them requests for personal information.

13. CONCERNS AND REVISIONS

  • If you have any concern about privacy on the site, please contact us at legal@redtouchmedia.com with a thorough description, and we will try to resolve it.

· Our business changes constantly, and as a result, our Privacy Policy will change to adapt to those circumstances.

  • Although we may e-mail periodic reminders of changes unless you have instructed us not to, you should check the site frequently to see recent changes .

· Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

  • We stand behind the promises we make, and will never materially change our policies and practices to make them less protective of personal information collected in the past without your consent .

Copyright © Red Touch Media Limited. All rights reserved.

TRANSACTION TERMS

These Transaction Terms form part of the Terms of Use applying to your use of the site. The Transaction Terms read like a series of statements made by you, the customer. If you do not agree with them please do not pay for or download any content. By indicating your acceptance and/or using the site you agree in favour of RTM and the Retailer that you are bound by these Transaction Terms .

In these Transaction Terms specific items of content which you browse for and are able to pay for and download are referred to as “products”.

CHOICE AND DESCRIPTION OF PRODUCTS

  • I acknowledge and understand that there are various and specific products made available for me to choose from and that I am required to exercise due care when choosing a particular product, by taking the necessary steps to find out if the product is suitable for my purpose .

· RTM and/or the Retailer attempt to be as accurate as possible when describing products. However, RTM and the Retailer do not warrant that product descriptions or other content on the site is accurate, complete, reliable, current, or error-free .

AWARENESS OF CHANGES

  • I acknowledge that prices, specifications, and product availability are subject to change without notice to me . However, the price or specifications of a product will not be changed after I have paid for it and before I have downloaded it.

HOW DO I PAY?

· I understand that I am able to pay for products using most major credit cards.

· I understand that products do not carry a charge to my credit card until my order has been processed. I understand that neither the Retailer nor RTM add any credit card surcharges.

· RTM uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make payments you must use an SSL-enabled browser such as Internet Explorer, Firefox, or Safari.

· If you are using a kiosk, you will make payment using a secure third party card payment service. The card payment service uses EMV Card Switching along with EMV compliant, certified EFT/PinPad entry devices to generate a secure payment environment.

HOW ARE MY ORDERS PROCESSED?

· I understand that just placing an order for a product is not enough and that I must follow through with payment before my order will be processed.

  • I understand that if I do not make payment for a product I have placed in my shopping cart prior to leaving the site my order will lapse .

· I will have the opportunity to review, correct or withdraw my order while placing it.

· Once notification of payment has been received by RTM, my order will be processed immediately.

· I understand that I will be emailed a receipt for my transaction on the site and the receipt will contain a full record of the transaction. The email will be sent within twenty four hours of the transaction being completed.

AWARENESS OF OTHER TERMS AND CONDITIONS

· I fully understand and accept that additional terms and conditions may apply to the download of certain products and / or to specific features of the site, including services, contests, promotions or other similar features. I agree that I am bound by those additional terms and conditions as if they are part of these Transaction Terms when downloading such a product or using such a portion or feature of the site .

· To the extent necessary I hereby warrant (state and undertake that it is true) that I am old enough to qualify to download those products or to qualify to participate in the relevant feature.

· I accept that if there is a conflict between the Terms of Use including these Transaction Terms and the Privacy Policy, and the terms posted for or applicable to the relevant product or feature, those specific terms will prevail with respect to that product or feature.

WHAT IF A PRODUCT IS DEFECTIVE?

· I hereby understand and accept that if any product that I download is defective or damaged, I can email the Retailer at musicsupport@redtouchmedia.com or call 1 (888) 888-0208, within 24 (twenty four) hours of download, to arrange for a replacement copy.

· I understand that in addition, the Retailer or RTM will provide a refund on or replacement of defective products when I have the right to demand and they are obliged to give it under the Consumer Protection Act No. 68 of 2008 (CPA).

WHAT ABOUT MINORS?

· I understand that RTM and the Retailer do make products for children available, but they are to be downloaded by adults only.

  • I confirm that I am over the age of 18 years and if not, that I am using the site with the assistance of a parent or guardian .

WHAT ARE THE LIMITS OF RTM’S RESPONSIBILITIES?

  • Due to the nature of the site and content and because RTM is not a direct manufacturer or producer of the content, I fully understand and accept that:
    • RTM does not warrant that the content is error-free or free from defects, provided that RTM will give effect to any warranty imposed by the CPA when applicable; and
    • RTM does not warrant that my usage of the site will be uninterrupted; and
    • RTM does not warrant that defects in any product or the site will be corrected, except to the extent correction is required to comply with the CPA or the Electronic Communications and Transactions Act No. 25 of 2002 when applicable; and
    • my usage of the content or site cannot be guaranteed to provide specific results; and
    • all information provided on the site is subject to change without notice; and
    • RTM does not and cannot guarantee that files or other data downloaded from the site will be free of viruses or other harmful components; and
    • RTM does not and cannot accept any responsibility that products are fit for the purpose sold, but will give effect to any warranty imposed by the CPA when applicable; and
    • RTM cannot accept responsibility for any acts or omissions by any third parties in connection with or related to my use of the site.
  • I hereby assume total responsibility for my usage of the site and that should I be dissatisfied with the site or any content, I am at liberty and obliged to stop using the site and / or any such content, subject only to my rights in these Transaction Terms.

Copyright © Red Touch Media Limited. All rights reserved.


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