Terms and Conditions

Last updated: 20 September 2026

1.1. “App” means the mobile application the mobile application namely CRM Holdings (PTY) Ltd T/A Audio Architex;

1.2. “Company”, “we”, “us”, or “our” means CRM Holdings (PTY) Ltd trading as Audio Architex;

1.3. “CPA” means the Consumer Protection Act 68 of 2008;

1.4. “Content” means all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services;

1.5. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002;

1.6. “POPIA” means the Protection of Personal Information Act 4 of 2013;

1.7. “Products” means Audio Equipment (including “Services” where necessitated by the context);

1.8. “Services” means the App, as well as any other related products and services that refer or link to these Terms and Conditions (including “Products” where necessitated by the context);

1.9. “Submissions” means any question, comment, suggestion, idea, feedback, or other information about the Services sent directly to us;

1.10. “Terms and Conditions” means these terms and conditions; and

1.11. “You” or “your” means the user, whether personally or on behalf of an entity, accessing and using the Services.

2.1. These constitute a legally binding agreement between you and us regarding your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to all of these terms, you may not access the Services and must discontinue your use immediately.

2.2. If you are a minor in your jurisdiction (typically under 18), you may only use the Services with the permission and direct supervision of a parent or guardian. Your parent or guardian must read and accept these terms before you access the Services.

2.3. We may, in our sole discretion and without prior notice to you, add, delete or otherwise change the provisions of these Terms and Conditions by posting on www.audioarchitex.co.za a version of these Terms and Conditions containing such changes, the effective date being the date of publication. You should periodically check www.audioarchitex.co.za for the most current version of these Terms. Your continued use of the Services after the effective date constitutes your acceptance of the updated terms. If you do not agree with the changes, you must stop using the Services and terminate your account as outlined in clause 17.

3.1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

3.2. If you choose to access the Services from other locations, you do so on your own initiative and are solely responsible for complying with all applicable local laws.

4.1. Our Intellectual Property

4.1.1. We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos. These assets are protected by international copyright and trademark laws and treaties.

4.1.2. Our intellectual property is protected by international copyright and trademark laws and treaties. We provide these assets through the Services on an ‘as is’ basis strictly for your personal, non-commercial use.

4.2. Your use of our Services

4.2.1. Provided you comply with these terms, including the Prohibited Activities section, we grant you a non-exclusive, non-transferable, and revocable license to access the Services. You may also download or print a copy of any materials you have legitimately accessed, strictly for your personal, non-commercial use.

4.2.2. You may not copy, reproduce, aggregate, republish, publicly display, distribute, sell, license, or otherwise exploit any part of the Services or our intellectual property for any commercial purpose without our express prior written permission.

4.2.3. To request permission to use our intellectual property outside the scope of this license, please email [email protected]. If we grant permission, you must clearly identify us as the owners and ensure that all copyright and proprietary notices remain visible.

4.2.4. We reserve all rights in the Services and our intellectual property that are not expressly granted to you. Any violation of these rights constitutes a material breach of this agreement and will result in the immediate termination of your right to use the Services.

4.3. Your Submissions

Before using the Services, please read this section and the Prohibited Activities section carefully to understand your obligations and the rights you grant us when posting or uploading content.

4.4. Submissions

4.4.1. By sending us questions, comments, suggestions, ideas, or feedback about the Services, you assign all related intellectual property rights to us. We own this feedback and may use or share it for any lawful purpose, commercial or otherwise, without providing you with acknowledgment or compensation.

4.4.2. By sending us Submissions through any part of the Services you:

4.4.2.1. agree to comply with the Prohibited Activities section and ensure your content is not illegal, harmful, defamatory, abusive, discriminatory, sexually explicit, or misleading;

4.4.2.2. waive all moral rights to your content, to the extent permitted by law;

4.4.2.3. guarantee that your content is original or that you have the necessary rights and authority to share it and grant us the required licenses; and

4.4.2.4. confirm that your content is not confidential.

4.4.3. You are solely responsible for your content. You agree to reimburse us for any losses we suffer resulting from your breach of this section, your infringement of third-party intellectual property rights, or your violation of applicable law.

5.1. By using the Services, you represent and warrant that:

5.1.1. all registration information you submit will be true, accurate, current, and complete;

5.1.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

5.1.3. you have the legal capacity to agree to comply with these Terms and Conditions

5.1.4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;

5.1.5. you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;

5.1.6. you will not use the Services for any illegal or unauthorised purpose; and

5.1.7. your use of the Services will not violate any applicable law or regulation.

5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6.1. You may need to register to use the Services. You are responsible for keeping your password confidential and for all activity on your account.

6.2. We may remove or change any username we, in our sole discretion, deem inappropriate or objectionable.

7.1. We make every effort to display as accurately as possible the colours, features, specifications, and details of the Products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products.

7.2. All Products are subject to availability, and we cannot guarantee that items will be in stock.

7.3. We reserve the right to discontinue any Products at any time for any reason.

7.4. Prices for all Products are subject to change.

8.1. The following forms of payment are accepted:

8.1.1. Visa;

8.1.2. Mastercard;

8.1.3. American Express;

8.1.4. Discover;

8.1.5. PayPal;

8.1.6. Apple Pay;

8.1.7. Capitec Pay;

8.1.8. Diners;

8.1.9. Float;

8.1.10. Google Pay;

8.1.11. Happy Pay;

8.1.12. Point of sale in store;

8.1.13. Mobicred;

8.1.14. Money Badger;

8.1.15. Pay by Bank;

8.1.16. Payflex;

8.1.17. Payment Links;

8.1.18. Payshap;

8.1.19. Samsung Pay;

8.1.20. Scan to pay; and

8.1.21. Zero Pay.

8.2. You must provide and promptly update accurate and complete purchase and account information, including your email address and payment details, to ensure we can process your transactions and contact you.

8.3. All payments must be made in South African Rands. We may change prices at any time, and Value-Added Tax will be added to the purchase price where applicable.

8.4. By placing an order, you authorise us to charge your selected payment method for the total amount, including applicable shipping fees. We reserve the right to correct any obvious pricing errors, even if payment has already been requested or received.

8.5. We may refuse any order or limit the quantities purchased per person, per household, or per order. This includes restrictions on orders sharing the same account, payment method, or address. We also reserve the right to prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

9.1. Under Section 44 of the ECTA, you may cancel an electronic purchase without penalty within 7 (seven) days. You will be responsible for the costs of the return of the Products after 7(seven) days. Products must be returned in the original packaging together with all documentation and accessories. This cancellation right is subject to standard statutory exceptions, including unsealed software or digital downloads that have already started.

9.2. We guarantee that our Products are of good quality, free of defects, and suitable for their intended purpose. Under section 56(2) of the CPA, you may return defective Products within 6 (six) months of delivery for a repair, replacement, or refund of your choice.

10.1. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing.

10.2. As a user of the Services, you agree not to:

10.2.1. systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

10.2.2. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

10.2.3. circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;

10.2.4. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;

10.2.5. use any information obtained from the Services in order to harass, abuse, or harm another person;

10.2.6. make improper use of our support services or submit false reports of abuse or misconduct;

10.2.7. use the Services in a manner inconsistent with any applicable laws or regulations;

10.2.8. engage in unauthorised framing of or linking to the Services;

10.2.9. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

10.2.10. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

10.2.11. delete the copyright or other proprietary rights notice from any Content;

10.2.12. attempt to impersonate another user or person or use the username of another user;

10.2.13. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’);

10.2.14. interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

10.2.15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

10.2.16. attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;

10.2.17. copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

10.2.18. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;

10.2.19. except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software;

10.2.20. use a buying agent or purchasing agent to make purchases on the Services;

10.2.21. make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;

10.2.22. use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;

10.2.23. use the Services to advertise or offer to sell goods and services; or

10.2.24. sell or otherwise transfer your profile.

Except for the submission of reviews as explicitly outlined in clause 13, the Services do not offer users the ability to submit or post content to the Website and or sales platform belonging to CRM Holdings (PTY) Ltd T/A Audio Architex.

By submitting suggestions or other feedback regarding the Services, you agree that:

12.1. we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings); and

12.2. we may use and share such feedback for any purpose without compensation to you.

13.1. If we provide areas for you to leave reviews or ratings, your reviews must:

13.1.1. be based on firsthand experience;

13.1.2. be free from offensive, abusive, discriminatory, or hateful language;

13.1.3. not reference illegal activity or make conclusions about legal conduct;

13.1.4. be truthful and not misleading;

13.1.5. not be posted by affiliated competitors (including their employees); and

13.1.6. not be part of an organised campaign to manipulate reviews.

13.2. We may accept, reject, or remove reviews at our discretion, but we have no obligation to screen them. Reviews do not reflect our opinions, and we accept no liability for them.

13.3. By posting a review, you grant us a perpetual, worldwide, royalty-free, and sublicensable right to use, reproduce, modify, display, and distribute your review.

14.1. User Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms and Conditions. You shall not:

14.1.1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

14.1.2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

14.1.3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;

14.1.4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;

14.1.5. use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;

14.1.6. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;

14.1.7. use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;

14.1.8. use the App to send automated queries to any website or to send any unsolicited commercial email; or

14.1.9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

14.2. Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services:

14.2.1. The licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple OS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

14.2.2. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

14.2.3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

14.2.4. You represent and warrant that:

14.2.4.1. You are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a terrorist supporting country; and

14.2.4.2. You are not listed on any US government list of prohibited or restricted parties.

14.2.5. You must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.

14.2.6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms and Conditions against you as a third-party beneficiary thereof.

We reserve the right, but are not obliged to:

15.1. monitor the Services for violations of these Terms and Conditions;

15.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions including without limitation, reporting such user to law enforcement authorities;

15.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

15.4. in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

15.5. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16.1. We collect information from your use of the Service and the transactions you undertake, including details of the payment cards you may use. We may also collect additional information from promotional activities and any of your submissions.

16.2. We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

16.3. In compliance with POPIA, we commit to implementing reasonable, appropriate, technical, and organisational measures to secure the integrity and confidentiality of your personal information.

16.4. Please be advised the Services are hosted in South Africa. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the Services, you are transferring your data to South Africa, and you expressly consent to have your data transferred to and processed in South Africa, subject to the cross-border transfer requirements of Section 72 of POPIA.

17.1. These terms remain in effect as long as you use the Services. If you breach these terms, we may terminate your account, deny your access to the Services, and delete your content at any time without notice.

17.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18.1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion with reasonable notice provided to you.

18.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

18.3. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

These terms are governed by the laws of the Republic of South Africa.

You consent to the jurisdiction of the South African courts for all disputes relating to these terms. However, we retain the right to bring legal proceedings against you in your country of residence or your principal place of business.

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time.

22.1. The Services are provided on an “as-is” and “as-available” basis. Subject to your rights under the CPA, you agree that your use of the Services is at your sole risk.

22.2. To the maximum extent permitted by law, we disclaim all express or implied warranties in connection with the Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any linked websites.

22.3. Except for instances of our gross negligence, and to the extent permitted by the CPA, we assume no liability or responsibility for:

22.3.1. Errors, mistakes, or inaccuracies in content and materials;

22.3.2. Personal injury or property damage resulting from your access to and use of the Services;

22.3.3. Unauthorised access to or use of our secure servers and any stored personal or financial information;

22.3.4. Interruptions or cessation of transmission to or from the Services;

22.3.5. Bugs, viruses, Trojan horses, or similar malicious code transmitted to or through the Services by any third party; or

22.3.6. Errors or omissions in any content, or any loss or damage incurred as a result of the use of any content made available via the Services.

22.4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any featured advertising. We will not be a party to, or be responsible for monitoring, any transaction between you and third-party providers. As with any purchase, you should use your best judgement and exercise caution where appropriate.

23.1. To the maximum extent permitted by applicable law, and except in cases of our gross negligence, neither we nor our directors, employees, or agents will be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

23.2. Regardless of the form of action, our total liability to you, for any cause whatsoever, will at all times be limited to the amount paid, if any, by you to us during the 6 (six) months prior to the cause of action arising.

23.3. Certain laws, including the CPA, may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional statutory rights.

24.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

24.1.1. use of the Services;

24.1.2. breach of these Terms and Conditions;

24.1.3. any breach of your representations and warranties set forth in these Terms and Conditions;

24.1.4. your violation of the rights of a third party, including but not limited to intellectual property rights; or

24.1.5. any overt harmful act toward any other user of the Services with whom you connected via the Services.

24.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25.1. We maintain certain data you transmit to manage the performance of the Services. Any personal information you provide is processed strictly in accordance with our Privacy Policy and the Protection of Personal Information Act (POPIA).

25.2. While we perform routine backups, you are solely responsible for securing and backing up your own data relating to your use of the Services.

26.1. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, and disclosures we provide via email or the Services satisfy any legal requirement that such communications be in writing.

26.2. You consent to the use of electronic signatures, contracts, and orders, and to the electronic delivery of notices, policies, and transaction records. You also waive any legal rights or requirements in any jurisdiction that demand an original physical signature, the delivery and retention of non-electronic paper records, or non-electronic payment methods.

26.3. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

27.1. These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

27.2. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

27.3. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

27.4. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

27.5. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services.

27.6. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, our details are as follows:

Full Legal Name: CRM Holdings (PTY) Ltd (trading as Audio Architex)

Company Registration Number: 2019/231087/07

Directors: Craig Mackie & Devon Mackie

Physical Address (domicilium citandi et executandi): Shop 4, Lillies Quarter, 12 Old Main Road, Hillcrest, KwaZulu-Natal, South Africa

Telephone Number: 031 765 8792

Email Address: [email protected]

Website: www.audioarchitex.co.za