Terms and Conditions of use for Vodacom’s Prepaid Service
1. These terms and conditions are applicable to you when you make use of Vodacom’s Prepaid Service which is activated when your prepaid SIM Card is connected to the Vodacom Network through the Apparatus.
2. These terms and conditions contain provisions which appear in a similar text style to the terms below in order to draw your attention to such terms because they:
- may limit the risk or liability of Vodacom (Pty) Ltd or a third party; and/or
- may create risk or liability for your; and/or
- may compel you to indemnify Vodacom (Pty) Ltd or a third party; and/or
- serve as an acknowledgement, by you, of a fact.
The Service is a security solution that:
“Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network.
“Financial Services” means long and short term insurance services and/or products provided by Vodacom Life Assurance Company (RF) Limited and Vodacom Insurance Company (RF) Limited, which are wholly owned subsidiaries of Vodacom (Pty) Ltd and such services and products are governed by the Insurance Terms and Conditions contained in this document.
“Network" means the public mobile telecommunications system operated and made available by Vodacom (Pty) Ltd or any other member of the Vodacom Group.
“Regulatory Authority” means the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA.
“Services” means the cellular telecommunications service provided by means of the Network as well as such other additional related services, equipment, Value Added Services and/or Financial Services (provided by Vodacom’s Insurance Companies).
“SIM Card” means the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM Card in the Apparatus.
“Starter Pack” means the pack that includes the user guide and SIM Card.
“Value-Added Services” means charged at the VAS Call Rate, are provided by Vodacom and/or Value Added Service Providers in order to make available to Vodacom customers a selection of value added services provided by means of the Vodacom Network. Value-Added Services are defined as non-core services, or in short, all services beyond standard voice calls, the content of which may not have anything to do with Vodacom’s mobile network and/or services. Examples of Value Added Services are calls and connections to the following services: *120# services, 082125 Vodacom shop location based service, 082152 Newsbreak and 082162 Cointel Weather service. These are services provided by the mobile operator or VAS provider and calls or connections to these Value Added Services are not included in the bundled minutes/seconds.
“Vodacom Group” means any of the Vodacom group of companies including Vodacom, any subsidiaries of Vodacom, any holding company of Vodacom and/or any subsidiaries of such holding company.
4. Provision of the Services
4.1 In order to receive your new Cellphone number and activate your SIM Card found in your Starter Pack, you must register your SIM Card, in terms of the provisions of Section 40 of the Regulation of Interception of Communications and Provision of Communications Related Information Act, 2002 (‘RICA’).
4.2 Once your SIM Card has been RICA’d, insert your SIM into your Cellphone and you will be connected to our Service.
4.3 Subject to these terms and conditions, Vodacom shall activate the SIM card and maintain the availability of the Services to you whilst your SIM Card is active on the Network.
5. Value-Added Services
5.1 You acknowledge and agree that should you subscribe to any Value-Added Services, the provision of such Value-Added Services by Vodacom will be subject to Vodacom’s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with.
6. Disclosure of Information
6.1 You consent that Vodacom may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to –
6.1.1 any credit providers, credit bureau or credit reporting agencies;
6.1.2 any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
6.1.3 any of Vodacom’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Vodacom Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
6.1.4 any of Vodacom’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
6.1.5 any company within the Vodacom Group for any purpose connected with the Services or the Network or incentive scheme purposes.
6.2 Despite any part of these terms and conditions that may indicate otherwise, Vodacom shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.
7. Your Acknowledgement
You acknowledge and agree that –
7.1 The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and
7.2 to the extent permitted by law, Vodacom shall not be liable for non-availability of the Services.
8.1 You indemnify and hold Vodacom and each company within the Vodacom Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by you or any third party, which arises directly or indirectly out of a breach of these terms and conditions by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Vodacom or any company within the Vodacom Group or any of their respective employees, directors or agents.
8.2 Without affecting the generality of 8.1 above, Vodacom shall not be liable to you for any breach of these terms and condition or failure on Vodacom’s part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Vodacom.
9. Your Undertakings
You shall –
9.1 comply with all instructions issued by Vodacom which concern your use of the services, the Apparatus or related matters;
9.2 not be entitled to commercially exploit the services in any manner whatsoever without Vodacom’s prior written consent, including without limitation, the provision of telephony services to third parties;
9.3 provide Vodacom with all such necessary information as Vodacom may, in its sole discretion, reasonably and lawfully require;
9.4 only use a Apparatus which is approved for use in conjunction with the Network by Vodacom;
9.5 engage with Vodacom, other members of the Vodacom Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.
10.1 Vodacom may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your Cellphone Number from the Network for a period to be determined by Vodacom, in any one of the following circumstances -
10.1.1 if the Service has not been used by you for a period in excess of 120 days (four months).
10.1.2 during any technical failure, modification or maintenance of the Network;
10.1.3 if you fail to comply with any of these terms and conditions;
10.1.4 if so directed by the Regulatory Authority; or
10.1.5 in any other instance specifically provided for in these terms and conditions.
10.2 Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Vodacom shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.
You hereby consent to the dispatch or transmission by Vodacom of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Vodacom if you do not wish to receive any communications for purposes of direct marketing and in this instance, Vodacom will desist from circulating any further such material to you.
Any dispute relating to Vodacom Network may be referred to the ICASA or to the National Consumer Commission established under the Consumer Protection Act, 2008.
13. Lost or Stolen SIM Cards or Cellphones
13.1 You are responsible for the safekeeping of your SIM Card and Cellphone or Apparatus.
13.2 You must notify us immediately if you realise your SIM Card, Cellphone or Apparatus has been lost or stolen.
13.3 You must also, within 24 (twenty four) hours of you realising that your SIM Card, Cellphone and/or Apparatus has been lost or stolen, report this to the South African Police Service.
14. Password and/or One Time PIN
If you have a password or One Time PIN (OTP) sent to your SIM Card or stored on your Cellphone or Apparatus, you undertake to keep it secure and undertake that no other person shall use the Service utilising your password or OTP, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the password or OTP is obtained, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
15.1 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.
15.2 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.
15.3 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.
15.4 Any amended terms and conditions published in any media, or on the Vodacom website www.vodacom.co.za will form part of the terms and conditions of the Service, to which terms you agree to be bound.