Vodacom Online Shop T&Cs

General Terms And Conditions

These terms and conditions govern all purchases from the Vodacom Online Shop. By using www.vodacom.co.za (the "Website") whether as a visitor or a registered User (the "User" or the "Customer") to browse or purchase any product on the Website you, the vistor / User / Customer, are bound by these terms and conditions ("Terms & Conditions"). www.vodacom.co.za is owned and operated by Vodacom (Pty) Ltd, a company registered in terms of South African law with registration number: 1993/003367/07 VAT number: 4010139121 (hereinafter referred to as "Vodacom").

Registration Process

You may only purchase goods from this website if you are 18 years or older. if you are under 18, you may only purchase goods from this website with consent of your legal guardian. By accepting these terms and conditions you confirm that you are at least 18 years of age or that you have your legal guardians consent. All Credit/Debit card transactions are Secure Socket Layers encrypted Vodacom's registration documents and the Website's registered domain name are checked and verified. Vodacom shall take all reasonable steps to protect the customer's information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). In order to purchase any products from the Website, you have to be a registered User and logged in using your own unique log in details.

Agreement of Sale

An Agreement of sale will only be effective when the customer electronically submits a successful order and a payment has been authorized and received by Vodacom. Placing a product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale; and/or constitute an order for such product. Vodacom shall not be held liable if such product is not available when the purchase cycle is completed at a later stage. Vodacom may remove such product from a shopping basket if no stock is available. Vodacom reserves the right to refuse any order / Agreement of Sales or process any payment thereof; this includes but is not limited to partial orders, for whatsoever reason without giving reason to the customer.

Sales Order


* There is no minimum order value* A maximum value of R20 000 (Twenty Thousand Rand) per order on Hardware purchases* The minimum airtime recharge value is R12.00 (Twelve Rand) per order* The maximum airtime recharge value is R500.00 (Five Hundred Rand) per day to a maximum amount of R3000.00 (Three Thousand Rand) per month* The maximum data recharge value is R1500.00 (One Thousand Five Hundred Rand) per day to the maximum amount of R3000.00 (Three Thousand Rand) per month* All Prices are VAT inclusive.

Products and Availability:

All products and pricing are subject to stock availability. The price of each product will be displayed with the product listing. In the event of a sales or special offer, the discounted price shall be displayed. Vodacom makes every effort to ensure that the information supplied on the Website is accurate and that the products offered are available, however, where delays and out of stock situations occur, customers will be informed thereof. Vodacom shall within reasonable efforts, ensure that products offered are available, however should items be ordered and Vodacom is not able to fulfil the orders, Vodacom shall only be liable to refund the amounts received by the customer for such products. Vodacom reserves the right to change any product offered on the Website without prior given notice. Airtime and Data bundles are available for Top Up and Prepaid customers only.

Sim Card Activation

If the SIM is Rica registered, it will automatically be activated when the customer inserts it into a device (cellphone or data modem). Your Vodacom Sim Card, can take up to 24 hours to be active on the Vodacom Network. If the SIM card is not registered in terms of RICA and is inserted into a device, the activation will not be allowed. An SMS will be sent to the SIM card informing the customer to register before the activation will be possible. Your Vodacom Sim Card, can take up to 24 hours to be active on the Vodacom Network. Once the SIM card is automatically activated, the customer will receive a welcome SMS with the new cellphone number. Your Vodacom Sim Card, can take up to 24 hours to be active on the Vodacom Network.

Payments:

Vodacom shall only accept South African Visa or Master Credit/Debit Cards payments. No Diners or AMEX cards. At the time of the customer submitting the payment details, Vodacom shall request payment authorization from the Credit/Debit Card institute. If such authorization is not obtained the order will fail and not progress further. The customer will see a message to contact their bank. Only once the payment has been authorised will the sales order be dispatched from the Vodacom warehouse for delivery to the customer.

Refunds:

Credit/Debit Card transactions shall only be refunded back to the account used for the original purchase. All refunds may take up to 21 working days to process.Please note that all Airtime Bundles and Data Bundles are non refundable as it is sent directly to the cellphone number captured.

Delivery and Charges:

Vodacom shall only deliver within the borders of South AfricaAll sales orders exceeding the value of R500 (Five Hundred Rand)(including vat) shall qualify for free delivery.All sales orders under the value of R500 (Five Hundred Rand)(including vat) shall incur a delivery fee of R130 (One Hundred and Thirty Rand)(including vat)Deliveries shall take place between Monday - Fridays 8:00am-17:00pm. Once payment has been received by Vodacom, deliveries shall take between 3-4 working days, depending on delivery address and location It is your responsibility to ensure that an accurate address is supplied and Vodacom shall not be liable for any loss or damage suffered as a result of deliveries to the incorrect address. Please be advised that changes to delivery address will not be allowed. This includes:* House / Building Number* Building Name* Street Name and Number* Suburb* Province* Post Code

IMPORTANT NOTICE:

RICA:

Due to the new Legislative requirements: upon delivery the customer is required to present the following documentation to the courier driver for verification purposes: Original ID document / Passport; andProof of Physical Address - Not older than 3 monthsE.g. Utility bill, tax return, municipal rates or any other document that confirms the residential address of the customerIn the event that the Customer is unable to produce any of the above documents (identification and proof of address) the courier driver will not deliver the products.

Risk and ownership

All risk, including but not limited to risk of loss, theft, damage or unauthorised use, in and to the product which is the subject of the agreement of the sale shall pass to the customer on delivery thereof to the customer.

Peace of Mind:

Should the customer not be completely satisfied with the purchase, the customer may return it for a full refund provided that: * the customer contacts the Vodacom Online Support team to arrange collection* the product is returned within 14 days from date of receipt and* the product is undamaged and is in its original packaging including all accessories and any other promotional items, if any.* no partial returns will be allowed eg: all Bundled goods must be returned as a bundle and not parts of. Vodacom reserves the right to levy a reasonable usage charge in respect of returned goods.

Warranties and Guarantees:

All devices carry a 24 month Manufacturer warranty with the exception of the Apple iPhone which has a 12 months warranty. This warranty is honoured on all Vodacom sold devices (applicable to contract/prepaid and cash customers)Kindly refer to your Manufacturer User Guide for additional information regarding warranty terms and conditions. It is advisable to keep this Guide in a safe place.All Computer / Laptops are supplied with a Windows Operating System but without benefit of additional software. Save to the extent provided by law, any warranty or other guarantee applicable to the Computer / Laptop is provided by the manufacturer thereof and shall be enforceable exclusively against such manufacturer. Vodacom shall not be liable for any loss, cost, claim, or damage of whatsoever nature (excluding injury or death) suffered by the customer in relation to the Computer, however arising. All support and/or maintenance offered in relation to the Computer is provided by the manufacturer thereof and Vodacom shall not be liable for any loss, cost, claim, damage of whatsoever nature suffered by the customer in relation thereto including without limitation any failure of the manufacturer to provide same.

Record of Online Sale Order

A record of each sales order and any related transaction between the customer and Vodacom shall be maintained on the Online Website.The customer shall only be able to view and print such record during the initial 12 (Twelve) month period. It shall be the responsibility of the customer to retain the record of the relevant sale or related transaction thereafter.

Listing of Cellular Phones:

In the event of theft or loss of a Cellular phone, where Vodacom has provided the Cellular Phone, the Customer shall be entitled to request Vodacom to list such Cellular Phone on the "blacklist" as determined by the prevailing policy of Vodacom from time to time. Vodacom shall effect such listing provided that all required information has been supplied by the Customer "Blacklist" shall mean the disablement by electronic or other means, of a Cellular phone thereby preventing its further use on the Vodacom Network. In the event of theft or loss of a SIM card, where Vodacom has provided the SIM card, the Customer shall be entitled to request Vodacom to list such SIM card on the "greylist" as determined by the prevailing policy of Vodacom from time to time. Vodacom shall effect such listing provided that all required information has been supplied by the Customer "Greylist" shall mean the disablement by electronic or other means, of a SIM card thereby preventing its further use on the Vodacom Network.

Disclosure of Information

Vodacom shall to the extent permitted by law, receive or disclose the Customer's personal information, documents, detailed call records and / or any other information for or to - Any law enforcement agencies that require the information for the preventing or investigation of criminal activities.Any of Vodacom's shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply, marketing and/or auditing purposes. Notwithstanding anything to the contrary herein contained, Vodacom shall be entitled to utilise the Customer's call records for tracing purposes as required by it in terms of law.

Disclaimer

Whilst every effort has been made by Vodacom 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, Vodacom, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of the Website, content and information offered on the Website or the accuracy of the information and/or images on this Website. Vodacom makes 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 the Website, are thus used at the customer's own risk. In particular Vodacom makes no warranty that the Website will meet the customer's requirements, be uninterrupted, complete, timely, secure or error free.

No warranties:

The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the customer's individual requirements. It is the customer's sole responsibility to satisfy the customer's self prior to accepting these T's & C's that the service available from and through this Website will meet the customer's individual requirements and be compatible with the customer's hardware and/or software. The Website may contain hyper-links to third party sites. Vodacom is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for the customer 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. The customers access those sites and use their products and services solely at the customer's own risk.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T's & C's, the customer submit to the jurisdiction of the South African courts.

Privacy

Vodacom shall take all reasonable steps to protect the customer's personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). Vodacom may electronically collect, store and use the following of the customer's personal information:* name and surname;* birth date;* gender;* country of residence;* closest city;* non-personal browsing habits and click patterns;* e-mail address;* IP address; and* ID number / passport number. Vodacom collects; stores and uses the abovementioned information for the following purposes: * to greet the customer when the customer access the Website;* subject to the customer consent, to inform the customer of facts relating to the customer* access and use of the Website;* subject to the customer consent, to inform the customer about competitions and special offers from Vodacom and/or its partners / affiliates;* to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;* to verify the customer identity when transacting with Vodacom and/or Marketplace Sellers; and* to ensure that the goods are received by the addressee.* The customer may elect not to receive any communications from Vodacom and/or its partners / affiliates. Vodacom may collect, maintain, save, compile and share any information collected from the customer, subject to the following provisions: Vodacom shall not disclose the customer's personal information unless -the customer consent thereto; or through due legal process.Vodacom may compile, use and share any information that does not relate to any specific individual; andVodacom owns and retains all rights to non-personal statistical information collected and compiled by Vodacom.

Data Protection

Vodacom shall not pass on customer information to any third parties for Marketing purposes, only Vodacom and its affiliated vendors shall contact the customer to promote its products and services.

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 Vodacom suffers any damage or loss. The customer agrees and warrants that the customer log-in name and password shall: * be used for the customer personal use only; and* not be disclosed to any third party. The customer allows Vodacom to take all reasonable steps to ensure the integrity and security of the Website and back-office applications. All credit card transactions are Secure Socket Layers encrypted Vodacom's registration documents and the Website's registered domain name are checked and verified.

Changes to Agreement

Vodacom may, in its sole discretion, change these T's & C's or any part thereof at any time with or without notice. It is the customer responsibility to visit the Website to see whether the T's & C's have been amended and ensure that the customer is satisfied with the amendments. Should the customer not be satisfied with the amendments, the customer must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Between the customer and Vodacom 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 the customer and Vodacom on any matter provided for in, or arising out of these Terms & Conditions, and not resolved through the Customer Care Department of Vodacom, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English.

Address for delivery of notices

Vodacom chooses as its address at which it will receive all correspondence or legal notices for all purposes under these T's & C's, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: (Physical address) Vodacom Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand, South Africa. (Postal address) Private Bag X 9904, Sandton, 2146.

Term and Termination

These T's & C's shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Vodacom from time to time, for so long as the Website exists and is operational, Vodacom being entitled to terminate these T's & C's and/or shut down the Website at any time.

Any and all copyright subsisting in the Website, including these T's & C's, vests in Vodacom and all rights not expressly granted are reserved.Vodacom cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. The customer's are encouraged to inform Vodacom of any content that may be offensive or illegal.

Intellectual Property Rights

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 Vodacom and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

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

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

Framing

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.