DLAY Subscription Agreement

 

·       Ammacom Tech has developed the subscription service known as DLAY, which it makes available to subscribers via the internet for the purpose of acquiring access to Goods;

·       By agreeing to the terms and conditions contained herein, the Consumer agrees to subscribe for-, and pay for the Service Provider’s Services subject to the terms and conditions of this Agreement.

·       This Agreement must be read in conjunction with DLAY Terms and Conditions and Privacy Policy.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR DLAY SUBSCRIPTION:

1.       Definitions

1.1.  “Agreement

This document and its annexures;

1.2.  “Authorised Merchant”

The entity appointed by the Service Provider to repair Goods and handle insurance claims under this Agreement;

1.3.  “Consumer”

The Party acquiring the Subscription in terms of this Agreement;

1.4.  “DeviceLock”

Data Loss Protection software installed on a device to enable the Service Provider to disable device functionality remotely IN accordance with this Agreement;

1.5.  “Effective Date”

The date of approval of the Consumer’s application for a Subscription by the Service Provider;

1.6.  “Return”

To return Goods to the Authorised Merchant or Service Provider, as directed by the Service Provider, at the Consumers own cost and risk, in the manner- and within the time limits prescribed by the Service Provider;

1.7.  “Services”

The technological services provided by the Service Provider to the Consumer to enable the Consumer to use Goods offered for sale by a Merchant without having to purchase the Goods;

1.8.  “Service Provider”

Ammacom Tech (Pty) Ltd, registration number 2017/101260/07, the proprietor of the Subscription Service known as DLAY;

1.9.  “Subscription”

Refers to DLAY, being the subscription service provided by the Service Provider for the provision of the Services;

1.10. “Subscription Fee”

The monthly fee payable by the Consumer to the Service Provider for the Subscription and the Services;

1.11.  “Subscription Term”

The minimum period of 12 (twelve) months from the Effective Date for which the Subscription will endure.

2.      Interpretation

2.1.      Words not defined in this Agreement will bear the meanings assigned to them in the DLAY Terms and Conditions.

2.2.      In the event of a conflict between this Agreement and the Terms and Conditions, this Agreement will prevail.

3.       Subscription

3.1.      Against payment of the Subscription Fees by the Consumer, the Service Provider grants the Consumer the entitlement to use the Services during the Subscription Term to acquire possession and use of Goods for the Subscription Term.

4.      Goods

4.1.      The description of the Goods selected for a DLAY Transaction will be confirmed in the DLAY Payment Schedule.

4.2.      The Consumer must inform the Service Provider immediately if there is an error in the description of the Goods or if it does not correspond to the Consumer’s selection.

4.3.      By accepting delivery of the Goods, the Consumer acknowledges that the Goods are in good order, condition and state of repair at the Effective Date and shall Return such Goods in the same good order and condition on expiration of the Subscription Term.

5.      Ownership

5.1.      Ownership in the Goods will remain vested in the Service Provider for the Subscription Term and any time thereafter unless otherwise agreed between the parties.

5.2.      The Consumer shall not retain possession, use or enjoyment of the Goods beyond the DLAY Period, without the express permission of the Service Provider and only to the extent of such permission.

5.3.      The Consumer shall not:

5.3.1.    Sub-let or lend the Goods to a third party;

5.3.2.    Part with the possession of the Goods to anyone;

5.3.3.    Allow any lien, attachment or other encumbrance to come into effect in respect of the Goods or prefer any lien on his own behalf.

6.      Protective accessories

6.1.      Regarding Goods fitted with protective accessories (including but not limited to, screen protectors, covers, cases, etc.) at the time of collection thereof by the Consumer:-

6.2.      The Consumer is prohibited from removing or altering the protective accessories.

6.3.      The Consumer shall Return the Goods to the Service Provider upon expiry of the Subscription Term with all protective accessories intact, failing which, the Service Provider reserves the right to reject the Goods and hold the Consumer liable for the full value of the Goods.

7.      Collection of Goods

7.1.      The Consumer will be allowed to collect the Goods from one of the Merchant’s stores once confirmation is received from the Service Provider.

7.2.      The following is required before a Consumer will be allowed to remove the Goods from the Merchant’s store:

7.2.1. Original ID;

7.2.2. Authentication via a mobile device.

8.      Fees

8.1.      The Consumer shall pay the Subscription Fees to the Service Provider for the Subscription as set out in this Agreement, and in accordance with the DLAY Payment Schedule.

8.2.      If the Service Provider has not received on the due date:

8.2.1. the Service Provider will charge a Missed Payment Fee;

8.2.2. the Service Provider may suspend the Consumer’s Subscription;

8.2.3. the Service Provider may disable the Customer’s password;

8.2.4. the Service Provider may activate DeviceLock; and

8.2.5. the Service Provider may proceed in accordance with clause 12.

9.      Payments

9.1.      The Start Fee and each subsequent Subscription Fee is payable monthly in advance, by recurring Card Payment;

9.2.      No Goods will be released to the Consumer until confirmation of payment has been received;

9.3.      Payment of the Subscription Fee will recur on the same calendar date as the Start Fee payment, or such other date as selected by the Consumer;

9.4.      If the Subscription Fee payment date occurs on a Saturday, Sunday or public holiday in the Republic of South, the payment may be collected on the previous Business Day;

9.5.      Payment will only be deemed to be successful if the Card Payment is not returned as unsuccessful after 15 (Fifteen) working days, or anytime thereafter for the period of this Agreement;

9.6.      The Consumer may pay any amount due under this Agreement before the due date for such payment without penalty.

10.  Reporting of lost, stolen or damaged Goods

 

10.1.  If the Goods are lost, stolen or damaged:

10.1.1.      the Consumer shall inform the Authorised Merchant and Service Provider immediately by email at claims@adminplus.co.za and accounts@dlay.co.za or by telephone at 010 594 5138;

10.1.2.      the Consumer shall complete a claim form as provided by the Authorised Merchant, and return the completed form to the Service Provider at the first email address stated under clause 10.1.1 within 30 days from date of the loss, theft or damage; and

10.1.3.      the Consumer shall pay the excess amount, as per the insurance policy, to the Authorised Merchant or Repair Centre nominated by the Authorised Merchant, upon demand.

10.2.  Provided that the Consumer has:

10.2.1.      complied with all requirements, terms and conditions of the Service Provider’s insurance policy in respect of the Goods, as amended from time to time;

10.2.2.      complied with the terms and conditions of this Agreement; and

10.2.3.      provided his/her full cooperation in the claims process-, the Consumer’s liability in respect of the loss or damage will be limited to the excess amount, and any difference in the value of the loss or damage, and the amount paid by the insurance.

10.3.  If the loss or damage is not covered by the Service Provider’s insurance policy, or should the insurance claim in respect of the loss or damage be rejected for any reason, the Consumer will be liable for payment of the full value of the repairs or the replacement value of the Goods, as the case may be, upon demand by the Service Provider.

11.  Damage to Goods

11.1.  In the event of damage to Goods, the Consumer shall, after complying with the reporting requirements set out in clause 10, Return the Goods to the Authorised Merchant at the address confirmed by the Service Provider in writing.

11.2.  If the Goods are:

11.2.1.      Repairable – the Authorised Merchant will inform the Consumer once the necessary repairs have been effected, where after the Customer may collect the Goods; or

11.2.2.      Damaged beyond economic repair – the Subscription will terminate but the Consumer will remain liable for the excess amount and any other outstanding fees due to the Service Provider.

12.    Loss / Theft of Goods

12.1.  If Goods are lost or stolen, the Subscription will automatically terminate but the Consumer will remain liable for the excess amount and any other outstanding fees due to the Service Provider.

13.    Insurance Policy Terms and Conditions

13.1.  The Consumer acknowledges that:

13.1.1.      Subject to the terms and conditions of the insurance policy, the following incidents may be covered under the Service Provider’s insurance policy as amended from time to time, without notice:

13.1.1.1.          Theft (including theft form a vehicle provided that forcible entry can be proven);

13.1.1.2.          Loss;

13.1.1.3.          Accidental damage; and

13.1.1.4.          Liquid damage.

13.1.2.     Subject to the terms and conditions of the insurance policy, the following incidents are not covered:

13.1.2.1.          Wear and tear;

13.1.2.2.          Electronic viruses;

13.1.2.3.          Batteries and accessories; and

13.1.2.4.          Warrantee claims.

13.1.3.      In the event of clause 13.1.1.1 and 13.1.1.2, the agreement will terminate.

13.1.4.      In the event of the incidents listed under clause 13.1.2, the Consumer will be liable to pay the Service Provider for the full value of the loss/damage.

14.    Excess

14.1.  In respect of incidents covered under the Service Provider’s insurance, the Consumer will pay the excess amount as contemplated in clause 10.1.3 in accordance with the following excess structure, as amended from time to time without notice:

14.1.1.      In respect of as claim submitted within the first 60 days of the Subscription Term:

14.1.1.1.      A penalty excess equal to 20% of the cost of the claim will be payable in addition to the excess as stated below.

14.1.2.      Loss/Theft/destruction/irreparable damage: the higher of 10% of claim or R300.00.

14.1.3.      First repair: R200.

14.1.4.      Second repair: R500.00

14.1.5.      Further repairs: R1000.00.

14.2.  The excess amount will be collected from the Consumer’s Card simultaneously with the next Subscription Fee. The Consumer authorises the Service Provider to deduct the excess amount from the Consumer’s Card.

15.    Early termination

15.1.  If the Consumer wants to terminate the Agreement before the end of the Subscription Term:-

15.2.  He shall inform the Service Provider by email;

15.3.  Return the Goods to the Service Provider at his own cost, in the manner prescribed by the Service Provider; and

15.4.  Pay:

15.4.1.     An early termination fee equal to 2 (Two) months’ Subscription Fees, as confirmed by the Service Provider; and

15.4.2.     Any outstanding amounts due to the Service Provider up to date of Return of the Goods.

16.    Request to Purchase Goods

16.1.  A request to purchase the Goods must be sent to the Service Provider by email.

16.2.  Upon receipt of a request in terms of clause 14.1, the Service Provider will send the Consumer the settlement amount payable to purchase the Goods.

16.3.  Once payment of the settlement amount has been received by the Service Provider, ownership in respect of the Goods will pass the Consumer and this Agreement will terminate.

17.  Third Party Providers

17.1.  The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and acquire access to Goods from, third parties via third party websites and that it does so solely at its own risk.

17.2.  The Service Provider shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transactions completed, and any contract entered into by the Customer, with any such third party.

17.3.  The Service Provider does not endorse or approve any third party website nor the content of any third party website made available via the Services.

18.  Term And Termination

18.1.       Notwithstanding anything to the contrary in this Agreement, the Service Provider may suspend, interrupt, change, or end this Agreement or any part thereof at any time for any reason in its discretion, while applying reasonable efforts to provide advanced notice to you.

18.2.       Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if:

18.2.1.      the other Party commits a breach of any of the material terms of this Agreement and fails to remedy that breach within 7 (seven) days of that Party being notified in writing of the breach;

18.2.2.      if the Consumer commits an act of insolvency;

18.2.3.      if the Consumer fails to collect Goods after repaired; or

18.2.4.      if the Consumer disposes-, or attempts to dispose of the Goods, without the Service Provider’s prior written consent.

18.3.       On termination of this Agreement, the Consumer will be liable for all outstanding amounts due to the Service Provider under this Agreement, up to date of termination.

18.4.       On expiration of the Subscription Term:

18.4.1.      The Agreement will terminate, and:

18.4.2.      The Consumer shall immediately Return the Goods; or

18.4.3.      The Consumer shall, by notice to the Service Provider via email, request to purchase the Goods from the Service Provider for the higher of the following amounts:

18.4.3.1. An amount equal to 20% (Twenty Percent) of the Purchase Price of the Goods; or

18.4.3.2. Two months’ Subscription Fees.

19.  Failure to Return Goods

19.1.       If the Consumer fails to Return the Goods to the Service Provider upon the expiry of the Subscription Term, the Subscription Term will automatically be extended by 3 (Three) months and the Consumer will remain liable to pay the monthly Subscription Fees.

19.2.       Provided that the Consumer has paid the Subscription Fees for the extended period, the Consumer will acquire ownership of the Goods upon the expiry of the 3 (three) month period.

19.3.       If, during the extended period, the Consumer fails to pay the Subscription Fees or breaches any provision of this Agreement, DeviceLock will be enabled until the Consumer has paid all outstanding amounts due to the Service Provider and/or performed the outstanding obligations. Alternatively, the Consumer may Return the Goods, in which case he/she will be liable for all fees up to and including the date of Return of the Goods.

20.  Proof of indebtedness

20.1.       A certificate signed by a director of the Service Provider confirming the total amount due by the Consumer under this Agreement, at any time, will be sufficient proof of the Consumer’s indebtedness to the Service Provider.

21.  Legal costs

21.1.       If the Service Provider institutes legal action against the Consumer to enforce any provision of this agreement or to claim damages due to a breach of this Agreement by the Consumer, the Consumer will be liable for all legal costs incidental thereto on an attorney and client scale.