Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Welcome to Musica, South Africa's best loved entertainment store. Our online catalogue is stocked with all the latest releases, chart-toppers and those elusive back-catalogue CDs, DVDs and Games. Please note, however, that the products reflected in our online catalogue are not available for purchase online. Please click on “store locator” at the bottom of the page to find the store most convenient for you.

This internet website (“Website”) belongs to and is solely owned by New Clicks South Africa (Proprietary) Limited (“Clicks”). The parties to these terms and conditions are you, Clicks and its holding, subsidiary and affiliate companies. Kindly note that Clicks reserves the right to amend, modify or replace these terms and conditions from time to time. You are only granted a limited right to access and make personal use of this website. This right does not permit you to reproduce, duplicate, copy, translate, distribute, sell, resell, modify, publicly perform, prepare derivative products based on, report or otherwise use the content of this Website, or any portion thereof, for any public or commercial purpose, without the prior, written consent of Clicks, or save as provided for in these terms and conditions. By visiting and interacting with this Website you agree to be bound by and to adhere to the terms and conditions, which apply at the time of usage. Company Information This website is hosted, controlled and operated from the Republic of South Africa. These terms and conditions and your use of the Website shall therefore be construed and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Western Cape High Court of the Republic of South Africa, Cape Town in respect any disputes arising out of or in connection with your use of this Website or in respect of these terms and conditions. Company Information This website is hosted and managed in the Republic of South Africa and is owned by New Clicks South Africa Proprietary) Limited (Registration No. 1995/009967/07) of Cnr. Searle & Pontac Streets, PO Box 5142, Cape Town, 8000, South Africa (telephone: +27 (0)21 460 1911 +27 (0)21 460 1911 : fax: +27 (0)21 461 8221: website: www.newclicks.co.za ;email: info@newclicks.co.za ).

Director information may be viewed at http://www.newclicks.co.za/content.aspx?id=27

Musica is a division of New Clicks South Africa (Proprietary) Limited and is situated at Cnr Searle & Pontac Streets, Woodstock, Cape Town, 8000; PO Box 630, Cape Town, 8000, South Africa (telephone: 0860 687 422 0860 687 422 (0860 MUSICA); fax: +27 (0)21 465 9922, website: www.musica.co.za ; email: queries@musica.co.za ). Disclaimer: This website is provided by New Clicks South Africa (Proprietary) Limited (“Clicks”) “as is” and Clicks makes no representations or warranties of any nature, express or implied, as to the operation of this website or the information (including its correctness), content, materials, images or products included on this website. THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. Certain movie and game trailers carry an age restriction. By accessing any trailer via this website you warrant that your age is equal to or greater than the stated age restriction in respect of the relevant trailer. Clicks does not warrant that the content available from this website is truthful, reliable, free from errors or omissions or that the service will be remain continuously uninterrupted. Prices are correct (errors and omissions excepted) as at time of publication on this website, but are subject to change without notice The products represented on this website are not necessarily available in all Musica stores and Clicks makes no guarantee that any particular product will be available in the Musica store of your choice. Please contact your relevant store to ascertain the availability of the product concerned. Furthermore Clicks does not warrant that this website, its server(s) or any electronic mail sent from this website are free of viruses or other harmful components. You are solely responsible for the protection of your hardware and software from viruses and other harmful components. The inclusion of any link on Clicks’s website to any other website does not imply endorsement by Clicks of that linked website or any services or products offered on the linked website. TO THE FULL EXTENT PERMISSIBLE BY LAW, CLICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Clicks nor any of its agents, employees or representatives shall be liable for any damage or loss of any nature, including but not limited to direct, indirect, consequential, incidental or punitive damages arising out of the use of or inability to use this website or any reliance placed on the content of this website or any website which is linked by means of a hyperlink to Clicks’s website. Domicilium New Clicks South Africa (Proprietary) Limited chooses as it's domicilium citandi et executandi for all purposes arising from these terms and conditions at cnr Searle & Pontac Streets, Woodstock, Cape Town, Republic of South Africa

CLUBCARD TERMS AND CONDITIONS

  1. The Clicks ClubCard is issued by and remains the property of New Clicks Holdings Limited or any of its subsidiary or associated companies which owns the Clicks ClubCard from time to time (“Clicks”). Clicks reserves the right to decline, issue and withdraw the ClubCard at any time.
  2. All participants in the ClubCard scheme must be resident in territories forming part of the Common Monetary Area.
  3. The Clicks ClubCard can be used at all scanning Clicks stores, and Clicks Pharmacies and affinity partners as specified by Clicks from time to time.
  4. Your Clicks ClubCard cannot be used as a credit, debit or guarantee card unless FirstRand Bank Limited, acting through its First National Bank Division (“FNB”), has issued you with a Clicks branded credit card (“Clicks ClubCard Credit Card”) in which case your Clicks Credit Card shall automatically become your Clicks ClubCard.
  5. To earn Points for a transaction, the ClubCard must be presented at the checkout when requested, otherwise the transaction cannot be recorded nor any Points awarded. The card is not transferable. You may earn Points on transactions concluded on your Clicks ClubCard Credit Card, subject to the terms and conditions of the Clicks ClubCard Credit Card scheme as furnished to you by FNB or Clicks, from time to time.
  6. Clicks and FNB reserve the right to make certain products exempt from earning Points.
  7. At least R10 must be spent in a single transaction to qualify for ClubCard Points. Thereafter one ClubCard Point is allocated for every R10 spent.
  8. Collection periods are usually every three months of the calendar year but may vary at Clicks’ sole and absolute discretion. Any change in dates will be advertised in-store.
  9. Rewards, in the form of Clicks Cash-back Vouchers, will be mailed with the ClubCard Points statement to customers who have accumulated more than 100 ClubCard Points at the end of each three-month collection period.
  10. Clicks Cash-back Rewards can be used at any time. Cash-back Rewards cannot be exchanged for cash and no change will be given.
  11. The level of reward will be based on the total number of ClubCard Points that a member has earned by the end of the last day of a collection period.
  12. The redemption value of Points explained in this brochure may change at any time at the discretion of Clicks management. A change shall not affect ClubCard Points issued prior to the date of change.
  13. Clicks Cash-back Rewards may be redeemed only on production of a ClubCard bearing the same ClubCard number as that printed on the voucher(s).
  14. Clicks ClubCard Points are not earned on purchases of gift cards and Cash-back Vouchers cannot be exchanged for Clicks gift vouchers.
  15. Clicks Cash-back Rewards are valid for a year from date of issue.
  16. ClubCard Points earned at Clicks Pharmacies are subject to pharmacy and medicine legislation.
  17. ClubCard Points earned at any Clicks affinity partner can be redeemed at Clicks stores and Clicks Pharmacies unless otherwise stated.
  18. The Discovery Vitality Discounts apply to purchases made by the customer using a Clicks ClubCard registered with Discovery Vitality accumulating in total to a maximum of R15000 over a twelve month calendar year, whereafter the Clicks ClubCard holder will only earn the standard discount applicable to ClubCard customers not registered with Discovery Vitality.
  19. Clicks reserves the right to alter or amend the conditions of operation of the ClubCard scheme, or to terminate the scheme at any time without notice. No alteration, amendment or termination of the scheme will affect any Cash-back Vouchers that have been issued on the basis of accumulated Points at the time.
  20. The promoter of the Clicks ClubCard is Clicks.
  21. Clicks shall be entitled to sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under the Clicks ClubCard without your prior approval.
  22. Any abuse of the ClubCard by any person whatsoever constitutes a criminal offence and Clicks reserves the right to cancel such person’s membership and withhold the issuing of any Cash-back Vouchers which may become due as a result of such abuse.