Terms & Conditions
In General
Smartcall (“www.store.smartcall.co.za”)
owns and operate this Website. This document governs your relationship
with www.store.smartcall.co.za (“Website”). Access to and use of this Website
and the products and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is
permitted on a temporary basis, and we reserve the right to withdraw or amend
the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of this Website.
This Website may contain
links to other websites (the "Linked Sites"), which are not operated
by www.store.smartcall.co.za. www.store.smartcall.co.za has no control over the
Linked Sites and accepts no responsibility for them or for any loss or damage
that may arise from your use of them. Your use of the Linked Sites will be
subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which
sets out how we will use your information, can be found at [Privacy Policy
Link]. By using this Website, you consent to the processing described therein
and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this
Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and www.store.smartcall.co.za
will report any such breach to the relevant law enforcement authorities and disclose
your identity to them.
We will not be liable for
any loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property,
Software and Content
The intellectual property
rights in all software and content (including photographic images) made
available to you on or through this Website remains the property of www.store.smartcall.co.za
or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by www.store.smartcall.co.za and its
licensors. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute
or otherwise reproduce, in any format, any of the content or copies of the
content supplied to you or which appears on this Website nor may you use any
such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are
offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may vary
according to availability and subject to any delays resulting from postal
delays or force majeure for which we will not be responsible.
In order to contract with www.store.smartcall.co.za
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. www.store.smartcall.co.za retains the right
to refuse any request made by you. If your order is accepted we will inform you
by email and we will confirm the identity of the party which you have
contracted with. This will usually be www.store.smartcall.co.za or may in some
cases be a third party. Where a contract is made with a third party www.store.smartcall.co.za
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order,
you will receive an acknowledgement e-mail confirming receipt of your order:
this email will only be an acknowledgement and will not constitute acceptance
of your order. A contract between us will not be formed until we send you
confirmation by e-mail that the goods which you ordered have been dispatched to
you. Only those goods listed in the confirmation e-mail sent at the time of
dispatch will be included in the contract formed.
(b) Pricing and
Availability
Whilst we try and ensure
that all details, descriptions and prices which appear on this Website are
accurate, errors may occur. If we discover an error in the price of any goods
which you have ordered we will inform you of this as soon as possible and give
you the option of reconfirming your order at the correct price or cancelling
it. If we are unable to contact you we will treat the order as cancelled. If
you cancel and you have already paid for the goods, you will receive a full
refund.
Delivery costs will be
charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order
we carry out a standard authorization check on your payment card to ensure
there are sufficient funds to fulfil the transaction. Your card will be debited
upon authorisation being received. The monies received upon the debiting of
your card shall be treated as a deposit against the value of the goods you wish
to purchase. Once the goods have been despatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
No international card transactions accepted on store.smartcall.co.za
Disclaimer of Liability
The material displayed on
this Website is provided without any guarantees, conditions or warranties as to
its accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law www.store.smartcall.co.za and its suppliers, content providers
and advertisers hereby expressly exclude all conditions, warranties and other
terms which might otherwise be implied by statute, common law or the law of
equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect www.store.smartcall.co.za's liability for death
or personal injury arising from its negligence, fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home
page, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it, but you must not establish a link in
such a way as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link from any website that
is not owned by you. This Website must not be framed on any other site, nor may
you create a link to any part of this Website other than the home page. We reserve
the right to withdraw linking permission without notice.
Disclaimer as to ownership
of trade marks, images of personalities and third party copyright
Except where expressly
stated to the contrary all persons (including their names and images), third
party trade marks and content, services and/or locations featured on this
Website are in no way associated, linked or affiliated with www.store.smartcall.co.za
and you should not rely on the existence of such a connection or affiliation.
Any trade marks/names featured on this Website are owned by the respective
trade mark owners. Where a trade mark or brand name is referred to it is used
solely to describe or identify the products and services and is in no way an
assertion that such products or services are endorsed by or connected to www.store.smartcall.co.za.
Indemnity
You agree to indemnify,
defend and hold harmless www.store.smartcall.co.za, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
www.store.smartcall.co.za
shall have the right in its absolute discretion at any time and without notice
to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of
Service is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of the Terms of Service
will not be affected all other clauses remaining in full force and effect. So
far as possible where any clause/sub-clause or part of a clause/sub-clause can
be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
We operate a complaints
handling procedure which we will use to try to resolve disputes when they first
arise, please let us know if you have any complaints or comments.
Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.store.smartcall.co.za. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.store.smartcall.co.za.
Balance Checks
By recharging your cellphone with airtime or data on this website, or buying a airtime/data sim and/or product you agree that Smartcall has the right to do 'balance check' on a regular basis. You may opt out by disabling this feature