|TERMS AND CONDITIONS OF USE OF THE
CELLPHONES DIRECT WEBSITE ACCESSING ANY PAGES ON THIS WEBSITE IMPLIES THAT YOU,
("THE USER"), AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS
1.1 Whilst every effort has been made by Cellphones Direct (Pty) Ltd
("Cellphones Direct"), and its suppliers of information, to ensure the proper
performance of this website, the accuracy of the information/images and the
reliability of the binary data on this website, Cellphones Direct, its
affiliated companies, suppliers, or any of their employees, do not guarantee
the availability of services, content and information offered on this website
("the Services") or the accuracy of the information and/or images on this
1.2 We make no representations or warranties, whether express or implied, and
assume no liability or responsibility for the proper performance of this
website and/or the Services and/or the information and/or images contained on
this website, and the Services are thus used at your own risk. In particular we
make no warranty that the Services will meet your requirements, be
uninterrupted, complete, timely, secure or error free.
1.3 This site may contain hyper-links to third party sites. Cellphones Direct is
not responsible for the content of, or the services offered by those sites. The
hyper-link(s) are provided solely for your convenience and should not be
construed as an express or implied endorsement by us of the site(s) or the
products or services provided therein. You access those sites and use their
products and services solely at your own risk.
You indemnify and holds us harmless against all and any
loss, liability, actions, suites, proceedings, costs, demands and damages of
all and every kind, (including direct, indirect, special or consequential
damages), and whether in an action based on contract, negligence or any other
action, arising out of or in connection with the failure or delay in the
performance of the Services offered on this website, or the use of the
Services, information and/or images available on this website, whether due to
our negligence or not.
|3. USE OF SERVICES
3.1 You may only use the Services for lawful purposes and
you warrant that you shall not:
3.1.1 use the Services to receive or transmit material which is in violation of
any law or regulation, which is obscene, threatening, racist, menacing,
offensive, defamatory, in breach of confidence, in breach of any intellectual
property rights, or otherwise objectionable or unlawful;
3.1.2 use the Services for the transmission of "junkmail", "spam", "chain
letters", or unsolicited mass distribution of SMS;
3.1.3 other than for your personal and non-commercial use, store on your
computer, or print copies of extracts from this website, and you may not, other
than for your personal and non-commercial use, "mirror" or cache information
provided via this website on your own server, or copy, adapt, modify or re-use
the text or graphics from this website without prior written permission from
4.1 Cellphones Direct and all its associated companies are committed to
respecting the privacy of your personal data. To demonstrate our commitment,
Cellphones Direct has created this Security and Privacy Statement in order to
communicate its intent to provide effective processes for the appropriate
handling of such private information and to comply with applicable legislation
that governs the authentication, protection and disclosure of personal
4.2 What types of information are Cellphones Direct collecting, and how do we do
You will be able to explore the majority of the Services offered on this web
site without us collecting any identifiable information from you. For the
purpose of business communications, administration and transacting we may
collect and use personal information, for example: your name, address,
telephone number, e-mail and/or account details. This will enable us to:
Respond to queries or requests submitted by you;
Process orders or applications;
Resolve problems with goods and services previously supplied; and/or
Create products or services that may meet your future requirements.
Cellphones Direct will collect, store, process, transmit or otherwise handle
private information only with the knowledge and consent of you, our customer.
Mostly, this is done by completing an online form.
We may store some information (commonly known as a "cookie") on your computer
when you visit our web site. This enables Cellphones Direct to recognise you
during subsequent visits. The type of information gathered is non-personal
(such as: the IP address of your computer, the date and time of your visit,
which pages you browsed and whether the pages have been delivered successfully.
Apart from merely establishing basic connectivity and communications,
Cellphones Direct may also use this data in aggregate form to develop
customised services - tailored to your individual interests and needs. Should
you choose to do so, it is possible (depending on the browser you are using),
to be prompted before accepting any cookies, or to prevent your browser from
accepting any cookies at all. This will however cause certain features of the
web site not to be accessible.
4.4 What about the security of my personal data?
Cellphones Direct have implemented technology, policies and processes aimed at
protecting the confidentiality, integrity and availability of your personal
information. We will update and refine these measures on an ongoing basis.
Please note that Cellphones Direct cannot be responsible for the privacy
policies and practices of other web sites you may access using links from this
website. We recommend that you check the policy of each site you visit and that
you contact that specific organisation if you have any concerns or questions.
Please be aware that Internet communications are inherently insecure unless
they have been encrypted. Your communications may be routed through any number
of countries before reaching our web site. Cellphones Direct therefore assumes
no responsibility or liability of any nature whatsoever for the interception or
loss of personal information beyond our control.
4.5 Will Cellphones Direct disclose any of my personal information?
Cellphones Direct does not distribute any of your personal information to third
parties; unless it's required to deliver the products or services requested by
you. In addition, Cellphones Direct will not sell your personal information to
third parties unless you give us your specific permission to do so. For
example, we may disclose your data to a credit card company to obtain payment
for a purchase you initiated. It may also be necessary to pass on your data to
a supplier who will deliver the product on order. In addition, Cellphones
Direct may be obligated to disclose personal information to meet any legal or
regulatory requirements of applicable laws.
4.6 Amendments to this Security and Privacy Statement
Cellphones Direct reserves the right to amend or modify this Security and
Privacy statement at any time in response to new privacy legislation.
4.7 Whilst your name and e-mail address which is supplied to us when registering
for the Services will not automatically be made available to the recipient of
your SMS, we nevertheless are able to trace the source of an SMS, and such
information will be made available to the authorities if required by law.
4.8 Monitoring or recording of your calls, e-mails or SMS's may take place for
business purposes to the extent permitted by law, such as for example quality
control and training for the purposes of marketing and improving the Services.
However, in these situations, we will not disclose information that could be
used to personally identify you.
|5. ELECTRONIC COMMUNICATIONS
All electronic communications, including any attachments
thereto that are transmitted to you by us, shall be on the following terms and
5.1 Before any purported agreement, that has been negotiated either wholly or
partly by electronic means, shall be considered binding on Cellphones Direct,
the following terms and conditions shall apply:
5.1.1 An advanced electronic signature, (as defined in the Electronic
Communications and Transactions Act 25 of 2002), of a duly authorized member of
the Board of Directors of Vodacom shall be required to be used and attached to
any electronic communication containing any offer and/or acceptance by
Cellphones Direct, as the case may be.
5.1.2 Where Cellphones Direct is acting as the offeror, the agreement shall be
deemed to have been concluded at the time when and place where the acceptance
of the offer was actually received by the Director so acting on behalf of
Cellphones Direct, and upon such Director expressly and manually acknowledging
receipt of such acceptance.
5.1.3 An electronic communications shall be considered to have been sent by a
Director as aforesaid only if:
18.104.22.168 the Director sent it personally; or
22.214.171.124 it was sent by a person who had the required authority to act on behalf
of the said Director.
5.2 Any opinion or advice contained in electronic communications shall be
subject to the terms and conditions contained in any governing agreement.
5.3 Cellphones Direct is not responsible for the proper and/or complete
transmission of the information contained in the electronic communication or of
the electronic communication itself nor in any delay in its receipt.
5.4 Whilst Cellphones Direct does employ virus filtering, it provides no
guarantees or warrantees that the electronic communication is virus-free.
|6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that we own the intellectual property
rights in and to this website, and all Services contained herein, and that the
unauthorised use thereof is expressly prohibited. The word or mark "Cellphones
Direct", however represented, including stylised representation, all associated
logos and symbols and combinations of any of the aforegoing with another word
or mark, used on this site, are the trademarks of Cellphones Direct, or one of
its affiliated companies.
If you have a password you undertake to keep it secure and
warrant that no other person shall use the Services utilising your password,
and you acknowledge further that you are responsible for ensuring that no
unauthorised access to the Services is obtained using your password, and that
you will be liable for all such activities conducted pursuant to such use,
whether authorised or not.
|8. TERMINATION AND VARIATION
We reserve the right to alter, restrict and/or terminate
the Services to you in particular, or to the public in general, without notice
or reason, or to revise these terms and conditions, and/or the prices at which
the Services are offered, at any time. Such changes will be posted on this
website and be deemed to have been accepted by you if you continue using the
Services. The obligation therefore is on you to review these terms and
conditions at regular intervals.
9.1 These terms and conditions will be governed by and construed in accordance
with the laws of South Africa, and you shall submit to the jurisdiction of the
South African Courts.
9.2 These terms and conditions are severable, in that if any provision is
determined to be illegal or unenforceable by any court of competent
jurisdiction, then such provision shall be deemed to have been deleted without
affecting the remaining provisions of the terms and conditions.
9.3 Our failure to exercise any particular rights or provision of these terms
and conditions shall not constitute a waiver of such right or provision, unless
acknowledged and agreed to by us in writing.
9.4 These terms and conditions, as varied by us from time to time pursuant to
clause 8, above constitute the sole agreement between yourself and ourselves.
9.5 These terms and conditions shall be for the benefit of Cellphones Direct and
may be waived by us in our discretion.
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