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Welcome to CellularMall!

Terms & Conditions

Welcome to Cellular Mall’s website! This Terms of Service ("TOS") contains the terms and conditions that govern your use of the Cellular Mall website, cellular Mall.co.za .

Cellular Mall reserves the right to add, delete and/or modify any of the terms and conditions set out below, at any time and in its sole discretion. Your continued use of the website following changes or new TOS on cellular Mall.co.za  will constitute binding acceptance of the changes.

 

1. The Cellular Mall website

Cellular Mall.co.za  provides users with a service in order for them to create customized cases for their device.

2. Use of the website and cellular Mall.co.za .

2.1 Compliance with this TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Cellular Mall.co.za  website.

2.2 Third-Party Services. Cellular Mall may use third parties to provide certain services accessible through the website. Cellular Mall does not control those third parties or their services, and you agree that Cellular Mall will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with Cellular Mall's TOS, agreements or policies, you must comply with Cellular Mall's TOS, agreements or policies, as applicable.

3. General Rules.

3.1 Prohibited Use. You may only use the Cellular Mall.co.za  as expressly permitted by Cellular Mall. You may not cause harm to the cellularmall.co.za  website. Specifically, but not by way of limitation, you may not:

    • interfere or restrict any other user from enjoying the Cellular Mall.co.za  website by hacking or defacing any portion of the cellularmall.co.za  website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment
    • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communications or engage in spamming or flooding
    • upload for the purpose of reproduction or sharing via social networking websites any Content using the Services or where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such materials
    • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the cellularmall.co.za  website;
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the presentation of the Services or any cellularmall.co.za  Content
    • collect electronic mail addresses or other information from third parties by using the Cellular Mall.co.za  website
    • impersonate any other person or entity, or misrepresent your affiliation with any other person or entity
    • use any meta tags, search terms, key terms, or the like that contain Cellular Mall's name or trademarks
    • assist or encourage any third party in engaging in any activity prohibited by this TOS.

 3.2 Privacy Policy:

3.2.1 By entering into this TOS, you agree to Cellular Mall's collection, use and disclosure of your personal information in accordance with the Privacy Policy. Any information that you provide to Cellular Mall is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to South Africa for storage, processing and use by Cellular Mall as part of providing you the Services, we may need to provide you with certain communications, such as service announcements, shipping notifications, and administrative messages. These communications are considered part of the Services and your Cellular Mall user experience, which you may not be able to opt-out from receiving. You can opt-out of most communications from Cellular Mall including our standard newsletter/bulk mail.

3.2.2   Cellular Mall has created the below 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.

3.2.2.1 What types of information is Cellular Mall collecting and how?

You will be able to explore the majority of the Services offered on this site without us collecting any identifiable information from you. For the purpose of business communications, administration and transacting Cellular Mall may collect and/or use personal information, for example: your name, address, telephone number, e-mail, current geographical location and/or account details. This will enable Cellular Mall 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.

Cellular Mallwill use, collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you, our customer.

3.2.2.2 Security of my personal data

Cellular Mall has 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 on-going basis. Please note that Cellular Mallcannot be responsible for the privacy policies and practices of other sites you may access using links from this Service. 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 this site. Cellular Mall therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.

3.2.2.3 Disclosure of my personal information

Cellular Malldoes 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, Cellular Mall 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, Cellular Mall may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.

3.2.2.4 Amendments to this Security and Privacy Statement

Cellular Mall reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.

3.2.2.5 Monitoring or recording

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.

3.2.2.6Agreement for receipt or disclosure of personal information

You agree thatCellular Mall may, to the full extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to any of Cellular Malls’ related entities, suppliers, agents or  professional advisors for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008

3.3 Ordering Policies:

If you purchase Products, you agree to do so in accordance with Cellular Mall's Ordering Policy and instructions on the website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.

4. Reservation of Rights.

4.1 Cellular Mall’s Rights:

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Cellular Mall and its licensors. The Services are protected by copyright, trademark, and other laws of South Africa and other foreign countries. Nothing in the Terms gives you a right to use the Cellular Mall name or any of the Cellular Mall trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Cellular Mall, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

4.2 Monitoring:

Cellular Mall reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the website. If Cellular Mall determines, in its sole and absolute discretion, that you or another Cellular Mall user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Cellular Mall may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

4.3 Modification of the Service:

Cellular Mall reserves the right to modify the organization, structure or "look and feel" of the Cellular Mall.co.za  website, and may change, suspend, or discontinue any aspect of the cellular Mall.co.za  website at any time without any liability to you or any third party. Cellular Mall shall have complete discretion over the features, functions, prices and other terms and conditions on which the Cellular Mall.co.za  website is offered to Cellular Mall users.

4.4 Intellectual Property Rights:

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Any photograph, image, information, know-how, idea, suggestion, material, or other content you post to the Site through use of the Services, including but not limited to: posts in a forum or photo gallery and images uploaded for the creation of custom products ("Products") to be supplied by Cellular Mall to the customer, will be collectively referred to herein as "Content". Content that complies with the Terms may be used by the customer to create Products. Posting of Content not owned by you or which you have no permission to submit will be considered a violation of the Terms, and may be a violation of intellectual property and/or other applicable laws. You specifically represent that any Content is: (i) your original work, or it is properly licensed, and does not violate the copyright or any other personal or property right of any third party; and that (ii) you have obtained any and all releases and permissions necessary for submitting the Content. You retain your rights to any Content you submit, post or display on or through the Services. You may not use the Services in connection with any websiteother than the Site or in any other medium, or with any Content or connection with any activity, that is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, national, racial, gender, religious, professional, sexual orientation, disability or age group; profane or pornographic, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents, or contains disparaging remarks about other people or companies; infringes on the rights of any third party; or violates any law.

The Services are intended for personal use only. If you create Products or any Content using the Services, you represent and warrant that: (i) you have received all necessary releases and permissions to use, modify and reproduce any photos or materials used to create the Products or that you have personally taken the photos; and (ii) your Creation does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material using the Services, and we may pursue any remedies available under these Terms of Use or at law.

We may contact you or any third parties to verify the information you provide to us, the rights you have secured with respect to the Products, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. We may also send you information and notices regarding your Products by email, telephone or other means based on the information you provide to us.

4.5 Copyright Policy

Cellular Mall respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. In appropriate circumstances, Cellular Mall will also terminate a user's account if the user is determined to be a repeat infringer.

5. Submissions:

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Cellular Mall permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Cellular Mall will have no obligation to keep any Submissions confidential. You will not bring a claim against Cellular Mall based on "moral rights" or the likes arising from Cellular Mall's use of a Submission. This Section does not apply to your Content that you use in connection with the  or Shopkeeper Service.

6. Representations and Warranties.

6.1 Mutual Representations and Warranties:

    • You represent and warrant to Cellular Mall and Cellular Mall represents and warrants to you: that you or it has the full power and authority to enter into and perform under this TOS
    • The execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and
    • This TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

6.2 By You:

You represent and warrant to Cellular Mall that, in your use of the cellular Mall.co.za  website, you:

    • Will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party
    • Will comply with all applicable laws, rules, and regulations. You further represent and warrant to Cellular Mall that:
      • there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content
      • Cellular Mall will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Cellular Mall incurs in providing the Cellular Mall.co.za  website
      • the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party
      • Your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

7. Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES.CELLULAR MALL PROVIDES THE WEBSITE AND CELLULAR MALL.CO.ZA  ON AN "AS IS" AND "AS AVAILABLE" BASIS. CELLULAR MALL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CELLULAR MALL.CO.ZA  OR IT’S USE:

  • WILL BE UNINTERRUPTED
  • WILL BE FREE OF INACCURACIES OR ERRORS
  • WILL MEET YOUR AVAILABILITY, TIMELINESS REQUIREMENTS
  • WILL MEET YOUR SECURITY AND RELIABILITY REQUIREMENTS
  • WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CELLULAR MALL MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

Save for Cellular Mall being liable to you –

  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Cellular Mall to you via the website; and
  • under sections 43(5) and 43(6) of the Electronic Communcations and Transactions Act in relation to Cellular Mall’s payment systems not being sufficiently secure, neither Cellular Mall nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use cellular Mall.co.za  or the services or content provided from and through this Website.
Unless expressly stated, no products on cellulamall.co.za include the device for which that product are compatible.
 

8. Limitation of Liability.

LIMITATION OF LIABILITY.CELLULAR MALL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CELLULAR MALL.CO.ZA  OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification.

You hereby indemnify and hold Cellular Mall and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Cellular Mall under this Section, Cellular Mall will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Cellular Mall's express written permission.

10. Termination.

10.1 Termination. In its sole discretion, with or without notice to you, Cellular Mall may:

    • suspend, limit your access to or terminate your use of the cellularmall.co.za  website
    • suspend, limit your access to or terminate your account
    • remove any of your Content from Cellular Mall's servers and directories and
    • prohibit you from using the Cellular Mall.co.za  website.

10.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Cellular Mall chooses to terminate this TOS.

10.3 Effect of Termination. If you or Cellular Mall terminates your use of the cellularmall.co.za  website, Cellular Mall may delete any Content or other materials relating to your use of the cellularmall.co.za  website on Cellular Mall's servers or otherwise in its possession and Cellular Mall will have no liability to you or any third party for doing so.

11. Notice.

All notices required or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods:

  • S.A mail
  • Overnight courier
  • Electronic mail.

If you give notice to Cellular Mall, you must use the following physical address: Unit 1, 17 Indianapolis Street, Kyalami Business Park, Kyalami, Midrand, Johannesburg, or you can email orders@cellularmall.co.za 

 If Cellular Mall provides notice to you, Cellular Mall will use the contact information provided by you to Cellular Mall All notices will be deemed received as follows:

  • If by delivery by S.A. mail, seven (7) business days after dispatch
  •  if by overnight courier, on the date receipt is confirmed by such courier service
  • if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

12.Miscellaneous.

This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of South Africa without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Cellular Mall. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Cellular Mall are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.

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