Terms of service

Agreement with 4 T TELECOM (PTY) LTD (Hereinafter referred to as “MyMobile”)

  1. Introduction

    1. These Terms and Conditions are binding and enforceable against every person ("you" or "your") that accesses or uses this Website and/ or purchases products from MyMobile

    2. By using the Website and by clicking on the "I Accept" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

    3. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA") and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

    4. If there is any provision in these Terms and Conditions that you do not understand, you may click on the "Contact Us" link and request that MyMobile explain it to you before you accept the Terms and Conditions or continue using the Website.

    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or MyMobile in terms of the CPA. MyMobile permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.

  2. Ordering of Products

    1. When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any Store is limited and that pricing may change at any time without notice to you. MyMobile will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. MyMobile cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, MyMobile will notify you and you will be entitled to a refund of any amount already paid by you for such products.

    2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice e-mail from MyMobile. After delivery or your collection of the products, you may return such products only in accordance with the MyMobile Returns Policy.

    3. Before you make payment on the Website, you will have the opportunity to review any order for products that you have ordered.

  3. Summarised terms:

    1. MyMobile is a distributor of Samsung Electronics Pty Ltd.

    2. MyMobile undertakes to process and use Subscriber Personal Data only for the purpose for which it has been collected and undertakes that this processing must be carried out in accordance with any notice, consent or other requirement which may be required by any applicable law from time to time.

    3. Queries related to the devices should be directed to MyMobile.

    4. The device/s selected is/are the choice of the customer and that the/their features, capacity, colour and functionality are relevant to a customers' needs.

    5. VAS (Value added Services) or insurance amendments applicable to the contract and device/s must be done by the customer by contacting the relevant entity.

    6. It is the responsibility of the customer to report any deficiencies upon arrival.

    7. Samsung  T’s & C’s Apply

  4. Payments

    1. MyMobile takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. MyMobile will not be liable for any loss that you way suffer as a result of any interception.

    2. MyMobile reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and to correct any pricing errors that may inadvertently occur.

  5. Delivery and Collection

    1. Delivery:

      1. MyMobile will perform deliveries through either a third party service provider or internal capacity. You may be required to provide a valid form of identification when your order is delivered.

      2. MyMobile is not liable for any incorrect order or delivery where you make an error in the information that you provide to MyMobile e.g. if you provide the incorrect delivery address or submit an incorrect order.

      3. You acknowledge that the delivery of your order may be impacted by events beyond MyMobile control such as adverse weather conditions or industrial action. MyMobile not liable for late deliveries of products purchased through the Website. MyMobile will, however, try to ensure a smooth delivery process.

  6. Returns

    1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

  7. Errors

    1. MyMobile shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website or the Store. However, should there be any errors of whatsoever nature on the Website (which are not due to MyMobile’s gross negligence), MyMobile shall not be liable for any loss, claim or expense relating to a transaction based on any error, save - in the case of any incorrect purchase price - to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

    2. MyMobile shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

  8. Privacy

    1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

  9. Changes to these Terms and Conditions

    1. MyMobile may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

  10. Disclaimer

    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

    2. Whilst MyMobile takes reasonable measures to ensure that the content of the Website is accurate and complete, MyMobile makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by MyMobile representatives, MyMobile shall not be bound thereby.

    3. MyMobile disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

    4. Although the products sold from the Website or a MyMobile may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

    5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, MyMobile also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct MyMobile, its employees, agents or authorised representatives. MyMobile thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

  11. Limitation of liability

    1. MyMobile cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of MyMobile, its employees, agents or authorised representatives.

    2. To the extent permissible by law, MyMobile will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the MyMobile products.

    3. MyMobile will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.

    4. You hereby indemnify MyMobile and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the MyMobile products.

  12. Complaints and notice

    1. All complaints and queries should be sent by email to sales@mymobileza.com

    2. Where MyMobile needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, MyMobile will do so by sending you an email or posting a notice on this Website. You hereby consent to MyMobile providing you with notices or information in this way.

  13. Governing law and jurisdiction

    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

    2. In the event of any dispute arising between you and MyMobile you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

    3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

  14. General

    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

    2. Any failure on the part of you or MyMobile to enforce any right in terms hereof shall not constitute a waiver of that right.

    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

    5. No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show grant or allow to the other (the "grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

    6. These Terms and Conditions contain the whole agreement between you and MyMobile and no other warranty or undertaking is valid, unless contained in this document between the parties.