TERMS AND CONDITIONS OF USE OF THE VODACOM WEBSITE ACCESSING ANY
PAGES ON THIS WEBSITE IMPLIES THAT YOU, ("THE USER"), AGREE TO THE
FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEBSITE.
1. Disclaimer
1.1 Whilst every effort has been made by Vodacom (Pty) Ltd
("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 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 We will not entertain requests for exchanges, returns
and/or refunds.
1.4 This site 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
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.
2. Indemnification
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 Vodacom.
4. Privacy Policy
4.1 Vodacom and all its associated companies are committed
to respecting the privacy of your personal data. To demonstrate our
commitment, Vodacom 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 Vodacom 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.
Vodacom 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 Vodacom 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, Vodacom 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?
Vodacom 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 Vodacom 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. Vodacom therefore assumes no responsibility
or liability of any nature whatsoever for the interception or loss
of personal information beyond our control.
4.5 Will Vodacom disclose any of my personal
information?
Vodacom 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, Vodacom 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,
Vodacom 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
Vodacom 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 conditions:
5.1 Before any purported agreement, that has been
negotiated either wholly or partly by electronic means, shall be
considered binding on Vodacom, 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 Vodacom, as the case may
be.
5.1.2 Where Vodacom 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 Vodacom, 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 Vodacom 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 Vodacom 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 "Vodacom", and "Voda", 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 Vodacom, or one of its
affiliated companies.
7 Password
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 General
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 7, above constitute the sole agreement
between yourself and ourselves.
9.5 These terms and conditions shall be for the benefit of
Vodacom and may be waived by us in our discretion.