Premium payments terms & conditions


1. WHO YOU ARE CONTRACTING WITH:


(This section explains who you are contracting with and how these terms and conditions fit together.)
  • www.iono.fm (the “Website”) is owned and operated by Iono Broadcasting (Pty) Ltd, registration number: 2008/007479/07 (hereinafter referred to as “iono.fm”).
  • Visitors to the Website (“Users” or “you”), including those Users who purchase any audio content on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”). If you do not agree to these T&C, do not continue to use the Website.  Your continued use of the Website will constitute acceptance of these T&C, unmodified by you.

2. PURCHASES FROM IONO.FM


(Here you need to be aware the audio content belongs to the content provider and you are limited in terms of what you can do with the content before getting into trouble. In addition should you use the content for something that you are not allowed to do then you indemnify iono.fm should iono.fm be sued because of something that you have done! )

Audio content


All audio content is the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of audio content is intended for your personal and non-commercial use.  Any other use of purchased audio content from iono.fm is strictly prohibited.

You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the audio content, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ the audio content to any other person.  You may also not do anything which otherwise contravenes any license conditions imposed by the publisher, as described from time to time on the relevant channel metadata or website of the content provider. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.  By downloading any audio, you hereby acknowledge and agree to these terms.  You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and should any of the Illegal Activities be possible for some reason, you undertake to not do so.  You hereby indemnify iono.fm from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against iono.fm which arise from or in relation to your having participated in any Illegal Activities in relation to any audio content sold by or distributed by iono.fm.

(You can apply for a refund and we look at the reasons and decide whether to process a refund or not.)

Errors: Please note that although iono.fm endeavours to accurately describe and/or depict each audio episode on the Website you may be dissatisfied with the audio content you receive and you are entitled to apply for a full refund within 7 days of purchase, which may or may not be granted depending on the circumstances.  Please see our Refund Rules below. 

Agreements of Sale


(You need to act quickly or the content may not be available next time.)

Placing a product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such audio content, and as such, iono.fm may remove such product from the shopping basket if the audio content is no longer available and you cannot hold iono.fm liable if such audio content is not available when the purchase cycle is completed at a later stage.

(The sale takes place on payment.)

An agreement of sale only comes into effect if and when (a) you electronically submit a properly completed order for one or more channels in your shopping basket; and (b) payment is either authorised, or received by iono.fm in its bank account.


Termination of Sales & Cancellation of Orders



(If we suspect fraud, we may cancel the sale and return any money paid.)
  • By iono.fm: iono.fm reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and iono.fm, in whole or in part, on notice to you.  iono.fm shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.
  • By You: You can cancel a sale and apply for a refund in certain circumstances. Please see the refund rules below. 

(You can apply for a refund, which may or may not be provided depending on the circumstances in light of the nature of the product.)

Amounts payable by You


Prices:  The price of the content is displayed on the Website. In the event of a sale or special offer, the discounted price is displayed.  

Value Added Tax:  Value added tax at the rate of 14% is charged on any goods bought by South African residents. VAT is not payable on orders if the billing address is international.

Errors:  iono.fm shall take all reasonable efforts to accurately indicate prices. However, should any audio content be erroneously offered at incorrect prices, iono.fm will not be obliged to sell the audio at such incorrect prices, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price.

Payment Method


(No, you cannot pay in kind.)

Your payment for any audio content ordered from iono.fm must be made via credit card. At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. iono.fm may carry out certain fraud checks with the cardholder or the cardholder’s bank, should iono.fm be unable to verify the validity of the transaction the order will be cancelled.

Bank deposits & Electronic Funds Transfer


iono.fm only supports payments via credit or debit cards.  

Restrictions on Sales


Age restrictions:  


(Should you buy content for your granny and it is age sensitive then you indemnify us should someone sue us due to you making the content available to a minor.)

The onus is on you to ensure that you and/or the person for whom you may be buying audio content on the Website, meet any age restrictions applicable to such audio and that these restrictions are observed.  Accordingly you indemnify iono.fm from any and all liability in this regard.

Refunds:


Should you not be satisfied with any product purchased by you on the Website, by reason of a defective audio file, incorrect choice of audio, or otherwise, you may, under certain circumstances, be entitled to be refunded in the event that iono.fm in its sole discretion and without being obligated thereto, chooses to give you a refund. 

Should you experience problem in using the downloaded audio files then you can email: support@iono.fm

3. GENERAL 

Disclaimer


(We are liable to you in terms of the CPA and the ECT Acts but for nothing else.)

Save for iono.fm being liable to you –
  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by iono.fm to you via the Website; and
  • under sections 43(5) and 43(6) of the ECT Act in relation to iono.fm’s payment systems not being sufficiently secure,
neither iono.fm nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.  Furthermore, iono.fm makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.  You are encouraged to report any possible malfunctions and errors to support@iono.fm

It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of iono.fm and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction


(This agreement is governed by SA law and not the laws of Federated States of Micronesia that hosts our top level domain…)

This Website is operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and iono.fm submit to the non-exclusive jurisdiction of the South African courts.

Privacy


We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). 


Security


Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that iono.fm suffers any damage or loss.

You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.

You allow iono.fm to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

Changes to Agreement


(We reserve the right to change these terms and conditions on notice to you and you can stop using the Website if you don’t like the changes we make.)

iono.fm may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from using in any way the Website.

Disputes


(You can declare a dispute and we will first try and resolve this amicably between us failing which we can go to arbitration and pay someone to decide for us!)

Between you and iono.fm:  Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and iono.fm on any matter provided for in, or arising out of these T&C, and not resolved directly with iono.fm, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
 

Address for Notices


(If you want to send us something (including donations and cake) then please use the contact details provided)

iono.fm chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:  4th floor, Waterford House, Waterford Road, Diep River, Cape Town, South Africa, with a copy to info@iono.fm  (the sending of such copy being required in order for any notice to be validly delivered to iono.fm).

Term and Termination


(These terms and conditions will last for as long as the website is in existence.)

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by iono.fm from time to time (as described above), for so long as the Website exists and is operational, iono.fm being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by iono.fm).

Copyright & other Intellectual Property Rights


Any and all copyright subsisting in the Website, vests in iono.fm and all rights not expressly granted are reserved. 

(All copyright in the website belongs to iono.fm.)

iono.fm cannot screen all the audio content and meta data available from the Website and does not accept any liability for illegal, defamatory or obscene content.  You are encouraged to inform iono.fm of any content that may be offensive or illegal.

(iono.fm cannot check all the audio content to make sure that it is not illegal, defamatory or obscene. Please let us know should you download such content from our site.)

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to iono.fm and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications


(You agree to communicate with us “in writing” electronically.)

When you visit the Website or send e-mails to iono.fm, you consent to receiving communications from iono.fm electronically and agree that all agreements, notices, disclosures and other communications sent by iono.fm satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Hyperlinks, Framing, Spiders & Crawlers


(We cannot vouch for the content linked to our Website via hyperlinks.)

Hyperlinks provided on this Website to non-iono.fm sites, such as content providers are provided as is and iono.fm does not necessarily agree with, edit or sponsor the content on such web pages.


Information


(This is information that we are required to make available to you in terms of the ECT Act.)

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about itself available to customers on websites where the goods or services are offered.

iono.fm’s information is as follows:

Full name: Iono Broadcasting (Proprietary) Limited, registered in South Africa, registration number 2008/007479/07 trading as iono.fm
Main business: hosting and delivery of audio content to mobile phones, PCs and tablets.
Address for receipt of legal service: 4th floor, Waterford House, Waterford Road, Diep River, South Africa 
(We also love chocolate cake and donations)
Office bearers: Ryan Dingley (Director); Leon Nortje (Director) and Francois Retief (Director)
Website:  http://www.iono.fm/
Official email address: info@iono.fm  




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