Terms and Conditions

  1. Introduction
    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.
    2. These website Terms and Conditions (“Terms and Conditions”) relate to the ordering, sale and delivery of all goods, including the use of the UNLOCKED.ME website.
    3. The Terms and Conditions bind every person that accesses or uses the Website including every person who registered on the website (“registered user”). By registering on the website, you confirm that you have read and agreed with these Terms and Conditions.
    4. The website lets you shop online for a large range of goods including electronics, fashion, travel packages and experiences (events) also known as (“Goods”).
    5. UNLOCKED.ME sells Goods from authorised third party merchants on the Website (known as Third Party Sellers”). UNLOCKED.ME will let you know on relevant product and checkout pages when goods are for sale by a specific Third Party Seller.
    6. In addition, UNLOCKED. ME. Allows you to UNLOCK your POTENTIAL, by allowing you to explore specially acquired content relating to the labour market (such as enabling you to access a jobs portal and upload your CV to apply for available vacancies) and entrepreneurship. This option may require that you be redirected to third party websites, in which case the provisions of clause 16 below will apply.
    7.  UNLOCKED.ME further allows you to take care of your MONEY by allowing you access to specially acquired content tailored to make your money work for you to give you financial freedom.
  2. Important Notice
    1. The Terms and Conditions apply to registered users who are also known as consumers in the Consumer Protection Action, 68 of 2008 (the “CPA”).
    2. The Terms and Conditions contain rules that appear in similar text and style to this clause and which -
    3. may decrease risk or loss of UNLOCKED.ME or a third party; and/or
    4. may increase risk of loss for the registered user; and/or
    5. may compel the registered user to compensate UNLOCKED.ME or a Third Party; and/or
    6. serves as an acceptance, by the registered user, of a fact.
    7. Your attention is drawn to the Terms and Conditions because they are important and should be carefully noted.
    8. If you do not understand any part of the Terms and Conditions, it is your responsibility as the registered user to ask UNLOCKED.ME to explain it to you before you accept the Terms and Conditions or continue using the website. There is nothing in the Terms and Conditions that intends to unlawfully restrict, limit or avoid any right or obligation for you or UNLOCKED.ME in terms of the CPA.
  3. Registration and use of the website
    1. Only registered users may order Goods on the website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to UNLOCKED.ME. You will need to use your unique username and password to access the website in order to purchase Goods.
    3. You agree and allow that your username and password shall:
      1. be used for personal use only; and
      2. not be revealed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that when your correct username and password relating to your account has been entered and purchases are made, you will be responsible for payment of that order. The payment is due whether your details were used by you or someone else that used your details who you didn’t know about. Payment will not apply when the order is cancelled by you following the rules of the Terms and Conditions.
    6. You agree to let UNLOCKED.ME immediately know when you become aware that your username and password has been used without your authorisation or knowledge. You will also agree to take steps to prevent any resulting loss or harm.
    7. By using this Website, you assure UNLOCKED.ME that you are 18 (eighteen) years of age and don’t need a guardian or parent to sign for you. If you are under the age of 18 (eighteen) or not able to sign your own legal documents, then you are only able to use the website under supervision of your parent or legal guardian. Your parent or guardian is then responsible for everything you agree to in the Terms and Conditions.
    8. You agree that you will not tamper or change any workings of the website using any device software or any other instrument which could interfere or damage the proper working of the website. You also agree not to use robots, spiders, automatic devices or any other manual processes to copy, distribute or change the website. If you have changes you would like to the website or want to distribute or change any part of it, you will need written consent from an authorised UNLOCKED.ME representative before taking any action. Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website.
    9. You are not allowed to use the website to send out any material which is defamatory, offensive, contains hate speech or is unlawful.
    10. You will need written consent from an authorised UNLOCKED.ME representative if you plan on displaying, publishing, copying, printing, posting or conducting any other action on the website and its information.
  4. Returns
    1. Our Returns Policy relating to returning products (and related refunds; replacements and repairs), is as set out hereunder.
    2. In terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), you are entitled to the following cooling-off periods:
      1. Once you make a purchase on the UNLOCKED.ME site, you are allowed 7 (seven) days from the date of purchase to cancel your order without a reason or being penalised for it.
      2. You also have 7 (seven) days to cancel any services from the date you signed the agreement.
    3. In keeping with the rules of the Consumer Protection Act 68 of 2008 (CPA), the following policy applies to the Return of Goods:
      RETURN OF GOODS POLICY IN TERMS OF THE CPA
      Customer returns Goods UNLOCKED.ME will receive returned Goods and cancel the sale of the transaction.
      As a Consumer, you are able to return your goods because they do not fit the description or look and feel of what the Sale of Goods agreement stated. You are also able to return your Goods if in a special-order agreement, the goods don’t meet the material specifications of the special order. UNLOCKED.ME has to refund the full amount within 10 business days after the Consumer returns the Goods to UNLOCKED.ME, following the rules of the CPA.
      As a Consumer, you are able to return your Goods or order if you find products or services which you did not order or were not part of the initial Goods description or agreement from UNLOCKED.ME. UNLOCKED.ME has to refund the full amount within 10 business days after the Consumer returns the Goods to UNLOCKED.ME, following the rules of the CPA.
      You the Consumer can return the Goods you ordered if you find that they don’t fit the original purpose you bought it for or the particular purpose communicated by UNLOCKED.ME is not something the Goods can do. UNLOCKED.ME has to refund the full amount within 10 business days after the Consumer returns the Goods to UNLOCKED.ME, following the rules of the CPA.
      Goods returned by a Consumer where the Goods fail to satisfy the requirements and standards of s 55 of the CPA, or after having repaired the Goods or any component of such Goods, within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, UNLOCKED.ME must refund the amount to the consumer or replace the Goods as instructed by the Consumer. UNLOCKED.ME has to refund the full amount within 10 business days after the Consumer returns the Goods to UNLOCKED.ME, following the rules of the CPA.
    4.  For returns that do not fall in the descriptions above, UNLOCKED.ME has the right to deduct a reasonable amount from the refund which will cover costs to restore the Goods for re-stock and/or use of the Goods as the case may be.
  5. Third Party Sellers / Merchants
    1. UNLOCKED.ME has partnered with Third Party Sellers to sell Goods and/or Services on the website. UNLOCKED.ME will clearly state on relevant product pages and checkout pages which Goods are for sale by each specific Third Party Seller. UNLOCKED.ME only provides the platform to allow transactions between Third Party Sellers and registered users. UNLOCKED.ME is neither the buyer nor the seller of these Goods unless otherwise stated.
    2. The Sale formed on acceptance of your order (in accordance with clause 7) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. UNLOCKED.ME is not a party to that sale. UNLOCKED.ME will however take responsibility for any unresolved payment related queries that the consumer has in accordance with applicable rules.
    3. UNLOCKED.ME is responsible for ensuring that the Goods are delivered. UNLOCKED.ME is also responsible to provide an invoice to the registered user if required.
    4. As an UNLOCKED.ME user, it is our responsibility that you have a safe and consistent user experience. To make sure this happens, UNLOCKED.ME will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECTA”), by the registered user being connected with or resulting from the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to UNLOCKED.ME’s own Returns Policy.
  6. Travel
    1. All travel packages will be sold in line with the terms and conditions of our travel partner/s, and those terms and conditions are included on the website for reference.
    2. These terms and conditions are available on the UNLOCKED.ME website. If there is anything you don’t understand in these Terms and Conditions, it is your responsibility to ask UNLOCKED.ME to explain.
  7. Conclusion of sales and availability of stock
    1. Registered users are allowed to place orders for Goods, which UNLOCKED.ME and the Third Party Seller may accept or reject. Availability of Goods, the accuracy of the description of the Goods and proof of payment or authorisation of payment by UNLOCKED.ME for the Goods, will determine whether or not UNLOCKED.ME and the Third Party Seller accepts an order.
    2. NOTE: UNLOCKED.ME and the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and UNLOCKED.ME and the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from UNLOCKED.ME stating that your order or payment has been confirmed.
      UNLOCKED.ME will indicate the rejection of your order (by UNLOCKED.ME itself and the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a delivery notice. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy as stated above.
    4. You will be required to provide your TV license number and account holder ID when making a purchase of a television on the website. You may buy the TV on UNLOCKED.ME but delivery will only take place when you provide a valid TV license. If you don’t have a TV license, your order will be cancelled.
    5. If you place Goods on your Wishlist on your account and don’t purchase them, but come back later to buy them and find that the price has subsequently changed or the goods have been removed from the website altogether, you cannot hold UNLOCKED.ME and the Third Party Seller liable when these changes occur.
    6. You accept that stock of all Goods on offer is limited and that prices may change at any time without notice to you. Remember that prices cannot change once you have placed an order. When Goods are on sale, UNLOCKED.ME will take all reasonable steps to ensure that stock levels are monitored and that Goods that are out of stock are removed from the website. UNLOCKED.ME cannot guarantee stock availability. If Goods are no longer available after you have placed an order, then UNLOCKED.ME will notify you and refund you your full amount paid.
  8. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology such as MasterCard Secure Code; Verified by Visa and PayD. These are the latest security implementations aimed at securing customers when shopping online. These have recently been implemented by all major banks and require users who wish to purchase anything online to register their credit or debit cards for this purpose. Once your card is registered, you will receive an OTP (One Time Password) by SMS which allows you to complete your transaction. Please note: The One Time Pin (OTP) will under no circumstances be processed through our call centre.
    2. Payment can be made for Goods via -
      1. debit card; or
      2. credit card: Please note that when payment is made by credit card, we may require additional information to verify and authorise the payment. If the additional information is not provided, we are entitled to hold back the delivery until we have the necessary documentation. If we don’t authorisation because you have not supplied additional information, your order will be cancelled. You agree that you are authorised to use the credit card supplied for paying of the Goods you ordered. You also warrant that your credit card has enough money to cover all costs resulting from use of the service on the website.
    3. You may contact us via email at hello@unlocked.me to obtain a full record of your payment history. We will also send you email communications about your order and payment.
    4. Once you have selected your payment method, you will be directed to a link of a secure site for payment of the Goods.
  9. Delivery of goods
    1. UNLOCKED.ME has partnered with a service provider for the delivery of Goods to you. The current method of delivery of Goods to you is by courier.
    2. UNLOCKED.ME delivers within South Africa only so please specify a delivery address within South Africa to be eligible for purchase. The Goods will be delivered to you at a flat delivery fee of R90,00 (ninety rand). You will receive an order confirmation via email including a tracking number to enable you to track your delivery on the site. This may however change in the future and you will be notified accordingly.
    3. When your order is accepted, UNLOCKED.ME and the delivery partner will deliver the Goods to you as soon as reasonably possible, but no later than 20 (twenty) business days after proof of your payment (“Delivery Period”). Please note that: if you place an order during peak times like Black Friday or Cyber Monday, our delivery times may be extended with a further 20 (twenty) business days. We will however notify you of the extended time for delivery before you checkout your order on UNLOCKED.ME. If UNLOCKED.ME is unable to deliver within 7 days, you will be notified and can opt to cancel your order. If you wish to cancel your order, we will refund you the full purchase price.
    4. It is our responsibility to deliver the Goods to the address you have specified for delivery. UNLOCKED.ME is not responsible for any loss or unauthorised use of the product once it has been delivered to the address specified by you in your order.
    5. Delivery will occur from Mondays to Fridays between 8am and 5pm and require positive identification and a signature of the client or a duly mandated third party at the nominated delivery address to confirm delivery.
  10. Errors
    1. UNLOCKED.ME shall take all reasonable steps to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website. We are not liable for any loss or expense relating to a transaction due to any unintentional errors on the website which are not due to our gross negligence.
    2. UNLOCKED.ME shall not be bound by any incorrect information regarding our products displayed on any third party websites.
  11. Privacy policy
    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.
  12. Changes to the Terms and Conditions
    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. If you are not satisfied with the new changes, you must not place any further orders on the website.
      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
  13. Electronic communications
    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 policy as stated in clause 11 above.
    2. You will only receive direct marketing if you have consenting thereto.
  14. Ownership and copyright
    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.
    2. You will not acquire any right, title or interest in or to the website or the Website Content.
    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 hello@unlocked.me. 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.
  15. Linking to third party websites
    1. 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
    2. The website may contain links or references to other websites including those of advertisers (“Third Party Websites”) which we don’t control. The Terms and Conditions do not apply to Third Party Websites. UNLOCKED.ME is also not responsible for the practices and privacy policies or cookies used by the Third Party Websites.
    3. Though the website may provide links to Third Party Websites, we are not liable for any expense, claims, damage or loss resulting from your use of Third Party Website or your reliance on any information you receive from them.
  16. Limitation of liability
    1. UNLOCKED.ME cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the website, except where such liability arises from the incompetent or wilful misconduct of UNLOCKED.ME, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by email to hello@unlocked.me
    2. UNLOCKED.ME shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked Third Party Website.
    3. You hereby indemnify UNLOCKED.ME against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked Third Party Website.
  17. Availability and termination
    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.
    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.
    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.
    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.
  18. 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 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.
    3. Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  19. Notices
    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”).
    2. UNLOCKED.ME may change this address from time to time by updating the Terms and Conditions.
    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.
    4. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
      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
      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.
  20. Information
    1. For the purposes of the ECTA UNLOCKED.ME’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Main business: Online retailer
      2. Physical address for receipt of legal service selects Block D First Floor; 135 Rivonia Road, Sandton, South Africa or PO Box 1144 Johannesburg 2000 (also postal and street address): Johannesburg, 2117.
      3. Official email address: hello@unlocked.me
      4. The PAIA manual is available on the main site under Legal Notcies Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via email at hello@unlocked.me
  21. General
    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.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of the Terms and Conditions to any third party.
    3. Any failure by you or UNLOCKED.ME to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    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.
    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.