1.1 Our website can be accessed at www.unlocked.me. All related UNLOCKED.ME software and any other applications are operated and owned by Nedbank Limited, trading as UNLOCKED.ME.
1.2 These website Terms and Conditions (“Terms and Conditions”) relate to the use of the UNLOCKED.ME website.
1.3 The Terms and Conditions bind every person that accesses or uses the Website including every person who registers on the website (“registered user”). By registering on the website, you confirm that you have read and agreed with these Terms and Conditions.
2.1 Before you can use our online services (including products), you must register with us, and we must accept your registration. We may accept or reject your registration at our sole discretion (in our own judgement) without giving reasons.
2.2 Separate terms and conditions of service apply to specific online services. You can read these at the section of this website where the relevant online services are provided. If there is any difference between these Terms and the specific terms and conditions of any service, those specific terms and conditions will apply.
3.1 All information on this site is only intended to give you general information about us, our products, services and goals. You should not regard anything on our website as an offer, only as an invitation to do business with us.
3.2 We provide all information "as is" and you may not rely on it or treat it as professional or investment advice. You should always discuss any advice with a professional advisor before doing anything based on any information on this website.
4.1 We take your privacy and the security of your personal information very seriously. You can find out more about this in our privacy Notice which can be found in the tab under ‘legal notices’ below.
5.1 UNLOCKED.ME may, in its sole discretion and at any time, change the Terms and Conditions. It is your responsibility to check the Terms and Conditions and make sure that you are happy with these changes.
5.2 Any changes will only apply to your use of this website after the change is displayed on the website. If you use the website after the Terms and Conditions are updated, we will assume that you have accepted the changes to the Terms and Conditions.
6.1 When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy Notice as stated in clause 4 above.
6.2 You will only receive direct marketing if you have consented to receiving it.
7.1 The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of UNLOCKED.ME, its advertisers and/or sponsors and/or is licensed to UNLOCKED.ME.
7.2 You will not acquire any right, title or interest in or to the website or the Website Content.
7.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of the Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at email@example.com. We will try to answer as soon as possible. If we do not respond in writing in five business days, we have not agreed to your request.
7.4 If any of the Website Content has been licensed to UNLOCKED.ME or belongs to any third party, your rights to use the content will be subject to any terms and conditions set out by the licensor or third party. You agree to comply with such third party terms and conditions.
8.1 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.
8.2 UNLOCKED.ME makes every effort to ensure that the content of the website is accurate and complete. However, UNLOCKED.ME makes no warranties as to the quality, timeliness, operation, integrity, availability or functionality of the website. This includes the accuracy, completeness or reliability of any information on the website.
8.3 UNLOCKED.ME will not accept liability for any damage, loss or expenses caused directly or indirectly and resulting from a connection with your access to or use of the website. This also applies to any content otherwise provided as required by law.
8.4 Any views or statements made or expressed on the Website are not necessarily the views of UNLOCKED.ME, its directors, employees and/or agents.
8.5 UNLOCKED.ME makes no warranty or representation, whether stated 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, damage or loss 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, except where such risks, damage or loss occur as a result of the incompetence or wilful misconduct of UNLOCKED.ME, its employees, agents or authorised representatives. UNLOCKED.ME then does not accept any liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
9.1 The website may link to other websites with information or content from other parties. Although we try to only link to trustworthy parties or systems we are not responsible for any of this other information. If we provide a link to any other information, website, person or business, it does not mean that we have checked or approve of them.
9.2 We do not give any warranty about any other website, software or hardware, including their security or performance. You waive (give up) any claim you may have against us for any loss or damage you may suffer because you connect to any other website.
10.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
10.2 UNLOCKED.ME may terminate, suspend and modify this Website when it chooses to do so, with or without notice to you. You agree that UNLOCKED.ME will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
10.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
10.4 UNLOCKED.ME is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by UNLOCKED.ME to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and UNLOCKED.ME, in whole or in part, on notice to you. UNLOCKED.ME shall only be liable to refund monies already paid by you (see UNLOCKED.ME’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
11.1 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.
11.2 In the event of any dispute arising between you and UNLOCKED.ME, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
11.3 Nothing in this clause 11 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
12.1 UNLOCKED.ME hereby selects Block D First Floor; 135 Rivonia Road, Sandton, South Africa as its address for the service of all formal notices and legal processes in connection with the Terms and Conditions (“legal address”).
12.2 UNLOCKED.ME may change this address from time to time by updating the Terms and Conditions.
12.3 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving UNLOCKED.ME not less than 7 (seven) days’ notice in writing.
12.4 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
12.4.1 by hand will be deemed to have been received on the date of delivery;
12.4.2 by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
12.4.3 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
12.4.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
13.1 UNLOCKED.ME may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the registered user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
13.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of the Terms and Conditions to any third party.
13.3 Any failure by you or UNLOCKED.ME to enforce any right in terms hereof shall not constitute a waiver of that right.
13.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
13.5 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 estopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
13.6 The Terms and Conditions contain the whole agreement between you and UNLOCKED.ME and no other warranty or undertaking is valid, unless contained in this document between the parties.