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 website.

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.

3.1 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 Cellphones Direct.

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 information.

4.2 What types of information are Cellphones Direct collecting, and how do we do it?
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.

4.3 The use of Cookies
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.

All electronic communications, including any attachments thereto that are transmitted to you by us, shall be on the following terms and conditions:

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:

5.1.3.1 the Director sent it personally; or

5.1.3.2 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.

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.

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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