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WEBSITE TERMS OF USE AGREEMENT

  • 1. WEBSITE TERMS OF USE

    • 1.1 These Terms ('Terms') govern your use of the www.Smartsim.co.za Website located at the domain name www.Smartsim.co.za ('Website'). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any of the content obtained on/from/at the Website.
    • 1.2 Smartsim.co.za reserves the right to refuse any order which is deemed to have not been conducted and/or completed in the correct way or where any foul play may have taken place. Smartsim.co.za also retains the right to not complete any order provided that monies have not been taken or a full refund is given back. By placing an order and giving debit card or credit card details on our secure server you the User is bound and contracted to complete the sale.
  • 2. UPDATING OF THESE TERMS

    • 2.1 Smartsim.co.za reserves the right to change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Smartsim.co.za will notify you of the changes by posting a prominent notice on the Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.
    • 2.2 Smartsim.co.za cannot be held responsible for the content of any sites Smartsim.co.za have linked to and all links are made in good faith.
  • 3. SUPPLIER OF GOODS OR SERVICES DETAILS:

    In accordance with the disclosure requirements of the Electronic Communications and Transactions Act ('ECTA'), 25 of 2005, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to Users:
    • 3.1 Supplier is:
      • 3.1.1 VMC Communications (Proprietary) Limited, trading as Smartcom, Registration number: 2003/024613/07, as a partner of and in conjunction with Ritesim.com Limited (UK);
      • 3.1.2 VAT registration number: 4680210129;
      • 3.1.3 Physical address at 36 Morsim Road, Hyde Park, Johannesburg, 2196;
      • 3.1.4 Tel: 0861 66 7746;
      • 3.1.5 Our place of registration is 36 Morsim Road, Hyde Park, Johannesburg, 2196; and
      • 3.1.6 We will accept legal service at 36 Morsim Road, Hyde Park, Johannesburg, 2196;.
      • 3.1.7 Our directors and office bearers are: Mr Mark Russel Attieh, Mr Pieter Kruger; Mrs Komalavathy Naidoo and Mr Bain Liversage.
      • 3.1.8 The main business of the Supplier is the sale of mobile telecommunications devices, sim cards, airtime and data bundles;
    • 3.2 Our Website is www.Smartsim.co.za and its email address is Smartsim@smartcom.co.za;
    • 3.3 The Supplier is a member of the Supplier's self-regulatory body and accredited with ICASA.
    • 3.4 The Supplier subscribes to the Supplier's code of conduct available at www.icasa.org.za;
  • 4. GOODS AND SERVICES:

    • 4.1 The Product:
      • 4.1.1.1 A prepaid roaming data SIM card using one IMSI and one MSISDN;
      • 4.1.1.2 A minimum 1 (one) year validity from the last data session or airtime top up whichever is latter;
      • 4.1.1.3 An online facility to load airtime credit(s) to the data SIM card by direct payment and/or loading of a pin code;
      • 4.1.1.4 Tethering is enabled;
      • 4.1.1.5 Voice and text is disabled;
      • 4.1.1.6 The SIM card works in most unlocked and/or SIM free devices including tablets, laptops, USB dongles (modems), mi-fi units and phones provided that the specified APN communicated by Smartsim.co.za from time to time is correctly set on the chosen device;
      • 4.1.1.7 The SIM card is provided, activated, with no preloaded airtime credit;
      • 4.1.1.8 A real time billing platform and End-User data usage available upon request;
      • 4.1.1.9 The possibility of a custom built web portal for Users, including instant top up, online account balance, status and history - other information available upon request;
    • 4.1.2 The Service-
      • 4.1.2.1 Smartsim.co.za agrees to supply data roaming services to the Customer in compliance with the Terms. The Service will commence from the SIM card activation date for an initial term of 12 (Twelve) months;
    • 4.2 Country Coverage:
      • 4.2.1 The zones will be implemented with at least one preferred operator per country - if the preferred operator cannot offer service and/or the signal is weak the SIM card will automatically roam to another operator in the same country to provide service. Initial list of countries are detailed below (list compiled in May 2014):
        • 4.2.1.1 Zone 1: Europe (33 countries)- Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Netherlands and United Kingdom;
        • 4.2.1.2 Zone 2: Business Traveller- This plan includes all 33 European countries as listed above plus USA, Canada, Turkey, Russia, Israel, Japan, Thailand, Hong Kong, Singapore and Australia;
        • 4.2.1.3 Zone 3: Globetrotter - This plan includes all Business Traveller Countries plus Afghanistan, Antigua, Barbuda, Argentina, Barbados, Brazil, Chile, China, Colombia, Costa Rica, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guyana, Honduras, India, Indonesia, Jamaica, Kenya, Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Panama, Paraguay, Peru, Philippines, Puerto Rico, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saudi Arabia, Serbia, Saint Maarten, South Africa, South Korea, Sri Lanka, Suriname, Taiwan, Tanzania, Tunisia, Turks and Caicos Islands, UAE, Uganda, Ukraine, Uruguay, Vietnam;
      • 4.2.2 The Zones may be subject to change from time to time and Smartsim.co.za reserve the right to make the necessary changes on the Website.
    • 4.3 Data Packages - 30 (Thirty) day data packages can be purchased online and are available in the following bundles (billed at 1KB increments):
      • 4.3.1 100MB (Megabytes) - applicable to Globetrotter plan only;
      • 4.3.2 200MB (Megabytes);
      • 4.3.3 500MB (Megabytes);
      • 4.3.4 1GB or 1,024 MB (megabytes).
  • 5. TERMS OF USE

    • 5.1 Goods and Services offered through this Website by Smartsim.co.za are strictly on an 'as is' basis for a price (adjusted for foreign exchange rate changes) as indicated on the Website from time to time;
    • 5.2 The User will receive an automated email with User's details regarding the User's account. Details of the collection by or delivery of the SIM card to the User will be included in the automated email;
    • 5.3 In respect of after sales customer care queries, the User must notify Smartsim.co.za via email to the following email address, smartsim@smartcom.co.za;
    • 5.4 The User cooling-off rights under section 44 of ECTA does not apply in terms of section 42 of ECTA.
  • 6. PAYMENT

    • 6.1 At all times, Smartsim.co.za shall take all reasonable care to make our Website as secure as we possibly can. Smartsim.co.za accepts credit card orders from most major credit cards vendors.
      • 6.1.1 Credit card payments: At the time of a User placing an order, the transaction details are presented to the bank and payment is collected immediately. If bank's authorisation is not obtained, the order will be cancelled. Smartsim.co.za may carry out certain fraud checks with the cardholder and/or the cardholder's bank. Should we be unable to verify the validity of any transaction, the order will be cancelled.
    • 6.2 For all data bundle recharges, payments shall be collected by Ritesim.com, a company duly registered in the UK. In accordance with the laws governing members of the EU, Ritesim.com is obliged to charge VAT on all data bundle recharges. Smartsim.co.za shall not invoice and/or collect any funds associated with the airtime recharge process. All funds are received by Ritesim.com Ltd London who are responsible for the delivery of service. For questions related to your payment Ritesim can be reached via contactus@ritesim.com and +44 208 387 5520.
      • 6.2.1 The sale of the SIM cards and/or devices promoted on Smartsim.co.za shall be invoiced by Smartsim.co.za (a South African registered company) and all amounts invoiced by Smartsim.co.za shall be inclusive of VAT in accordance with SA legislation.
  • 7. COMPLAINTS AND DISPUTES

    • 7.1 The User may file complaints via the 'Contact us' service of the Website www.Smartsim.co.za. Currently Smartsim.co.za do not subscribe to any alternative dispute resolution code or mechanism. Smartsim.co.za will in every case acknowledge complaints within 2 (Two) working days. Smartsim.co.za will in every case advise the User how Smartsim.co.za plans to resolve the complaint. Smartsim.co.za will in every case keep the User informed throughout the process and do everything possible to come to an agreeable resolution.
  • 8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

    • 8.1 We provide certain information on the Website. Content displayed at the Website is provided by us, or affiliates or subsidiaries, or any other third party owners of the content ('Content'). All the proprietary works, and the compilation of the proprietary works, belong to us, our affiliates or subsidiaries, or any third party owners of the rights ('Owners'), and the Content is protected by South African and international copyright laws.
    • 8.2 We may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
  • 9. LIMITATION OF LIABILITY

    • 9.1 Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an 'as is' basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via the Internet.
    • 9.2 Neither Provider nor any holding company, affiliate or subsidiary of Smartsim.co.za or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked Website to the extent permissible by law.
  • 10. PRIVACY, ACCESS TO AND USE OF INFORMATION

    • 10.1 We receive various types of information ('Information') from you, including personal information as detailed in the Promotion of Access to Information Act ('PAIA'), Act 2 of 2000, and as detailed in section 1 of the ECTA ('Personal Information').
    • 10.2 We may electronically collect, store and use Personal Information, including contact details and data usage. We voluntarily subscribe to section 51 of the ECTA and endeavour to treat Personal Information received by Smartsim.co.za accordingly.
    • 10.3 Whenever you are of the opinion that we fail to comply with section 51 of the ECTA, the User will contact Smartsim.co.za via email, namely smartsim@smartcom.co.za. Smartsim.co.za will review your representations made by email and respond to User informing about corrective actions taken, if any.
    • 10.4 Interception of communications: Despite such undertaking, it is possible for Internet-based communications to be intercepted.
      • 10.4.1 Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
      • 10.4.2 Smartsim.co.za will not be responsible for any damages the User and/or any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to the Owners or us through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
    • 10.5 To ensure acquaintance with and awareness of our privacy measures and policies, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
  • 11. PRIVACY - CASUAL SURFING

    • 11.1 Subject to RICA, the User may visit the Website without providing any personal information.
    • 11.2 The User accordingly grants express written permission for the Website servers to collect the IP address of the User computer, but not the email address or any other distinguishing information.
    • 11.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
    • 11.4 Smartsim.co.za uses this information to determine use of the Website, and to improve Content.
    • 11.5 Smartsim.co.za assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
  • 12. PRIVACY-SOLICITED INFORMATION THE USER GIVES TO PROVIDER

    • 12.1 Smartsim.co.za requires certain Personal Information necessary to process transactions if the User requires our Goods and/or Services.
    • 12.2 Smartsim.co.za receives and stores all Information, including Personal Information which you enter on the Website or give to us in any other way. The User may choose not to provide certain Personal Information, but that may limit the Services that the User may wish to obtain from Smartsim.co.za.
  • 13. PRIVACY - PROMOTIONAL INFORMATION

    • 13.1 Smartsim.co.za aspires to provide first-class service to all Users, which requires Smartsim.co.za to provide information to the User about new services and/or special offers. In each instance, the User shall be provided with an opportunity to opt-out of such information circulars.
  • 14. PRIVACY- LAWFUL PURPOSES

    • 14.1 When Smartsim.co.za is served with due legal process requiring the delivery of Personal Information, Smartsim.co.za have the legal duty to abide by that demand, and will do so. We may also impart Personal Information if permitted or required to do so by law.
  • 15. PRIVACY-SURVEYS AND STATISTICAL PROFILES

    • 15.1 Smartsim.co.za understands that efficiency and that customer care translates to good service. Smartsim.co.za may periodically conduct online customer care surveys to enable the updating of service standards.
    • 15.2 When Smartsim.co.za conduct a survey, Smartsim.co.za must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
    • 15.3 Despite terms to the contrary, Smartsim.co.za may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
  • 16. PRIVACY- STORAGE

    • 16.1 Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable)./li>
  • 17. PRIVACY- INTERCEPTION

    • 17.1 Subject to the Regulation of Interception of Communications Act ('RICA'), Act 70 of 2002, the User agrees that Smartsim.co.za may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Smartsim.co.za, its employees, directors and agents. Users agree that their consent satisfies the requirements of ECTA and RICA for consent in 'writing' as defined.
  • 18. CHOICE OF LAW

    • 18.1 This Website is controlled, operated and administered by Smartsim.co.za from its offices as set out below within the Republic of South Africa.
    • 18.2 These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.
    • 18.3 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
    • 18.4 These Terms constitutes the entire agreement between Smartsim.co.za and the User with regard to the use of the Content and this Website.
  • 19. CONTACT DETAILS

    • 19.1 In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:
      • 19.1.1 Telephone: 0861 66 77 46
      • 19.1.2 Email: Smartsim@smartcom.co.za

This Website was most recently updated in October 2017.