Terms & Conditions
These terms and conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact our customer service representatives by e-mail by clicking here, or call us free on 0861 000 538 between 9am-6pm (please note that all calls to our Customer Services Representatives will be recorded for quality monitoring and training purposes).
- "Mobile Store: means Mobile Store a division of Comit Technologies (Pty) Ltd
- www.mobilestore.co.za (the "Website:) owned and operated by Mobile Store, a division of Comit Technologies (Pty) Ltd
- "User: means any person that enters or uses the Mobile Store website.
When a user visits Mobile Store's website such user consents to receiving communications Mobile Store electronically and agrees that all agreements, notices, disclosures and other communications sent by Mobile Store satisfies any legal requirements including, but not limited to the requirement that such communications should be in writing.
DISCLOSURES IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002
Any transactions concluded on this website will qualify as "electronic transactions" as defined in terms of the ECT Act and the following information is therefore disclosed in terms of Chapter 7 of the ECT Act:
- Street address: 30 Meridian Drive, Umhlanga New Town Centre, Umhlanga, 4320; Postal address: PO Box 1611, Country Club , Mt Edgecombe, 4301.
- Main business: Mobile Store is a communications services provider and authorised MTN Dealer
- The web site address of Mobile Store web site is: http://www.mobilestore.co.za
- Alternative dispute resolution: all disputes arising from the use of this website or any agreement flowing therefrom, or the inability to use this website, will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa (AFSA) and such arbitration shall be held in Johannesburg, and conducted in the English language, and the unsuccessful party shall pay all costs incurred by the successful party. The rules of the Arbitration Foundation of South Africa may be downloaded from http://www.arbitration.co.za/downloads/commercial_rules.pdf.
- Cooling-off period: If you have entered into an agreement for the supply of goods and / or services through this website, you will have seven (7) days in which to change your mind. After notifying us in writing, we will have 30 days in which to pay you back in full. If goods have already been delivered to you, you will have to return them at your own cost before you get your money back.
For Network Contract Terms and Conditions from MTN Service Provider Company (Pty) Ltd ("MTN"), please click here.
Accessing any pages on this website implies that you, the user, agree to the following terms and conditions of use of this website.
1.1 Whilst every effort has been made by Mobile Store, a division of Comit Technologies (Pty) Ltd to ensure the proper performance of this website, the accuracy of the information, prices and images and their liability of the binary data on this website, Mobile Store does not guarantee the availability of services, stock, content and information offered on this website 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. Mobile Store 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.
1.4 Gift vouchers/cards may not be redeemed for cash or as payment.
1.5 We will not entertain requests for exchanges, returns and/or refunds
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 'junk mail', '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 Mobile Store.
4. 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.
5.1 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.
5.2 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.
5.3 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.
5.4 These terms and conditions, as varied by us from time to time pursuant to section 5, above constitute the sole agreement between yourself and ourselves.
5.5 These terms and conditions shall be for the benefit of Mobile Store and may be waived by us in our discretion.
5.6 Monthly tariff subscription amounts may vary, depending on your deal and handset selection.
6. DELIVERY POLICY
6.1 When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
7. REFUNDS/RETURNS POLICY
7.1 Should you for any reason wish to cancel your purchase you will be liable for a R150 handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase.
8. PAYMENT OPTIONS
8.1 All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the website and on request will supply our banking details should you wish to make payment via EFT or Direct Deposit.
8.2 All Upgrade orders are subject to a once off fee of R150.
9. SECURITY POLICY
9.1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information. 2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems. 3. The Merchant does not have access to credit details. 4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
10.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
11.1 The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
12. CUSTOMER AND CREDIT CARD
12.1 Credit card acquiring and security - Credit card transactions will be acquired for Mobile Store via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
12.2 Customer details separate from card details - Customer details will be stored by Mobile Store separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za
13. CONTACT DETAILS
Telephone Number - 0861 777 256
General Enquiries – firstname.lastname@example.org