TERMS & CONDITIONS

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms on which you may make use of our website, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

This site is operated by Telcrew CC ("We"). We are registered in South Africa under close corporation number 2002/065835/23.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some part of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

You are responsible for all use of your account and for any information, material and products you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information for any reason without explanation or liability.

You must not apply the system in such a way that the material:

• Is defamatory of any person.
• Is obscene, offensive, hateful or inflammatory.
• Promotes sexually explicit material.
• Promotes violence.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringes any copyright, database right or trade mark of any other person.
• Is likely to deceive any person.
• Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promotes any illegal activity.
• Is threatening to, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety.
• Is likely to harass, upset, embarrass, alarm or annoy any other person.
• Is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Gives the impression that they emanate from us, if this is not the case.
• Advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.or knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We do not however claim ownership of any content your post onto the site. Content shall remain your property, however by posting content onto this site you hereby grant us permission to delete content that we feel are not living up to the terms you agree to. You also grant us permission to allow juristic access to your private content on explicit requests emerging from subpoena's, court orders or legal process. This is required by law and shall only be at your express consent and knowledge thereof. You also hereby acknowledge that we may retain archived copies of any of your content even if you have removed such content. You hereby represent that any content you post is owned by you or you otherwise have the right to grant the previously mentioned licence and that any content does not violate the intellectual property rights of any third party.

You may print off copies, and may download extracts, of any page(s) from our site for your personal reference only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results or the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of goodwill;
• Wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

The service we offer depends on service levels of 3^rd party Network Operators. Our liability excludes quality of service in terms of data network coverage and loss of service due to 3^rd party Network Operators.

YOUR LIABILITY

You agree to indemnify and hold us harmless for any loss, liability, claim or demand made by any third party due to or arising from your use of this site or a breach of these terms and conditions.

In specific, you further agree that as a user, you are responsible for the mobile phone / mobile service contracts with 3^rd party Network Operators, whether pre-paid or term contracts. You shall hold us harmless for any loss, claim or demand made by 3^rd party Network Operators due to account expenses on your service contracts with these Operators.   

You agree that you shall test our mobile applications on your handset(s) before registering and paying for the service.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing.

By using this site you warrant that all information you have provided is accurate and truthful and you will maintain its accuracy and your use does not violate any applicable law or regulation.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

We offer our service on pre-paid terms and payments are processed using the secure credit card processing services of AlertPay www.alertpay.com.  All transactions are entered into at your own risk.  

VIRSUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE

Where our site links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The South African courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by South African law.

TRADE MARKS

Telcrew is a trademark of Telcrew CC and may not be used or copied in connection with any product or service in any manner that is likely to cause confusion or would otherwise be unlawful.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material that appears on our site, please contact admin@telcrew.com.

Welcome and thank you for using our site.

GENERAL TERMS AND CONDITIONS

1. Interpretation

1.1 These general conditions regulate the terms and conditions of the sale and the supply of the goods listed in the order. By virtue of the client placing an order, either through the online store or in another form of writig, the client agrees to these terms.
1.2 The headings to the clauses in this agreement are for reference purposes only and shall not be used in the interpretation thereof.
1.3 In this agreement unless the context otherwise requires -
1.3.1 words which signify or denote -
1.3.1.1 any gender shall import and include the other genders.
1.3.1.2 a natural person shall import and include an artificial person and vice versa.
1.3.1.3 the singular shall import and include the plural and vice versa.
1.3.2 Unless otherwise indicated, words to which a meaning is ascribed in the body of this agreement shall bear that meaning wherever such words appear thereafter. 1.3.3 For the interpretation of this agreement the laws of the Republic of South Africa shall apply.
1.4 The schedules to this main agreement shall be read as if incorporated herein provided that if there is any conflict between this main agreement and the schedules the meaning of the main agreement shall take preference, unless the context expressly otherwise indicates.
1.5 When any number of days is prescribed in this agreement, they shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or a public holiday, in which case the last day shall be the next successive day which is not a Saturday, Sunday or public holiday.
1.6 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

2. Definitions

In this agreement, unless inconsistent with or otherwise indicated by the context, the following terms and conditions will have the meanings ascribed to them below:

2.1 "this agreement"
these general terms and conditions, the order and any other schedule that may be referred to on the order;
2.2 "Telcrew CC" a registered close corporation in South Africa under number2002/065835/23.
2.3 "client"
the party who has placed the order for the equipment in terms of this agreement and described as the client on the order;
2.4 "the delivery schedule"
the schedule attached to the order which contains the specifications, description, number and price of the equipment ordered by the client;
2.5 "effective date"
the date specified as the effective date by the parties in respect of the conclusion of the agreement;
2.6 "equipment"
the goods specified in the delivery schedule;
2.7 "the order"
the document that confirms the sale of and payment for the equipment, to which these general terms and conditions are attached and distributed with the equipment;
2.7 "the quote"
the document that indicates the sales price of the equipment, furnished electronically either by the online store or any other form of writing;
2.8 "specifications"
the specifications of the equipment as described in the documents produced by the manufacturer of the equipment which documents will accompany the equipment on delivery.

3. Delivery

3.1 Telcrew hereby agrees to deliver the equipment on the effective date specified on the order or as soon as possible thereafter.
3.2 Risk in the equipment shall pass to the client upon the date when the equipment is physically delivered to the client.
3.3 In this agreement "delivered" means the passing of possession to the client.

4. Price, Payment and Ownership

4.1 The price for the equipment shall be the amount specified in the quote or the online price.
4.2 The price shall be paid in cash to Telcrew before the equipment is dispatched by Telcrew for delivery.

5. Warranties and Guarantees

5.1 Telcrew warrants that the equipment will function in accordance with the specifications of the equipment.
5.2 In the event that the equipment does not function in accordance with the specifications Telcrew will retake possession of the equipment and refund the client with the full purchase price of the equipment.
5.3 It is recorded that the equipment comes with a manufacturer's guarantee in respect of manufacturing defects. Telcrew accordingly agrees to guarantee that the equipment and any part thereof are free of any defect. In the event that the equipment are faulty the following conditions of guarantee will apply:

5.3.1 Any faults or problems with hardware products must be reported immediately by contacting Telcrew.
5.3.2 Faulty goods are repaired or replaced free of charge (please see product user manuals for full warranty listing).
5.3.3 For those wishing to return unused goods, the products must be returned in sound working condition, undamaged and free from tampering and must be reported within 14 days of receipt of the goods. 5.3.4 Any carriage charges incurred on non-faulty items will not be refunded and admin charges may apply.
5.3.5 Returns of non-faulty products must have original packaging and be in the same condition as they were sent.
5.3.6 Non-faulty goods returned in a open box condition are also subject to a restocking fee of 7%.
5.3.7 Payments made will be refunded in full, less carriage at the discretion of Telcrew.
5.3.8 For items that require professional installation, payments are refunded in full less the original charge of installation.
5.3.9 Please also note that for all system returns, a system recovery fee may also be charged to have the unit professionally removed. This does not affect your statutory rights.
5.3.10 When returning items, please pack them safely and ensure that they have adequate insurance as the sender is responsible for goods shipped using this method. Please note that Telcrew cannot guarantee refunds on goods sent via a non-trackable method.

5.4 The guarantee referred to in 5.3 shall be valid for a period of 12 months from the effective date.

6. Exlusion of warranties

The client hereby agrees that no warranties or undertakings have been given or made as to the equipment other than what is contained in 5 above.

7. Limitation of liability

7.1 The client acknowledges that Telcrew provides the equipment in the conditions that it has received the equipment from the manufacturer. The client accordingly agrees that it shall not be entitled to hold Telcrew liable for any contingent losses or damages that the client may suffer as a consequence of its use of the equipment.
7.2 The client accordingly waives any claim which it may have against Telcrew arising out of any loss or damage which the client may suffer or any expense that the client may incur as a result of the malfunctioning of the equipment save for any claim in respect of the fulfilment of any of the guarantees.
7.3 Notwithstanding anything contained in this agreement Telcrew's liability shall at all times be limited to the total value of the equipment.

8. Miscellaneous

8.1 In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. If any invalid term is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
8.2 No variation of or addition to this agreement will be of any force or effect unless reduced to writing and signed by the parities.
8.3 No waiver on the part of either party of any rights arising from a breach of any provision of this agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.
8.4 The parties choose the addresses set out in the order as their domicilia citandi et executandi for all the purposes under this agreement, whether in respect of the payment of money, the service of delivery of court process, notices of other documents or all other communications.