Terms and Conditions

Terms and conditions

 

1       Introduction

1.1         You can access our website at www.unlocked.me. Nedbank Limited, trading as Unlocked.Me (we, our, us), operates and owns all Unlocked.Me software and any other applications.

1.2         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.

1.3         The Terms and Conditions bind every person that accesses or uses the website, including every person who registered on the website (the Registered User or you or your). By registering on the website, you confirm that you have read and agreed to these Terms and Conditions.

1.4         The website lets you shop online for a large range of goods, including electronics, fashion, travel packages and experiences (events), also known as goods (Goods).

1.5         We sell Goods from authorised third-party merchants on the website (Third-party Sellers). We will let you know on relevant product and checkout pages when goods are for sale by a specific Third-party Seller.

1.6         Unlocked.Me enables 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 to upload your CV to apply for available vacancies) and entrepreneurship. This option may require that we redirect you to third-party websites, in which case the provisions of clause 16 below will apply.

1.7         Unlocked.Me further enables you to take care of your money by giving you access to specially acquired content tailored to help make your money work for you to give you financial freedom.

 

2       Important notice

2.1         The Terms and Conditions apply to Registered Users, who are considered consumers under the Consumer Protection Act (CPA), 68 of 2008.

2.2         The Terms and Conditions contain rules that appear in similar text and style to this clause and that:

2.2.1               may limit our risk or loss or that of a third party;

2.2.2               may increase risk or loss for you;

2.2.3               may compel you to compensate us or a third party; and/or

2.2.4               serves as your acceptance of a fact.

2.3         The Terms and Conditions are important and you must read them carefully.

2.4         If you do not understand any part of the Terms and Conditions, you must ask us 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 restrict, limit or avoid any right or obligation for you or us in terms of the CPA.

 

3       Registration and use of the website

3.1         Only Registered Users may order Goods on the website.

3.2         To register as a user, you must give us a unique username and password and give us certain information and personal details. You must use your unique username and password to access the website to buy Goods.

3.3         You agree and allow that your username and password will:

3.3.1               be used for personal use only; and

3.3.2               not be revealed by you to any third party.

3.4         For security purposes you agree to enter the correct username and password whenever you order Goods. If you do not, you will be denied access.

3.5         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 whom you did not know about. You do not have to pay if you cancel the order according to the rules of the Terms and Conditions.

3.6         You agree to let us know immediately when you become aware that your username and password have been used without your authorisation or knowledge. You also agree to take steps to prevent any resulting loss or harm.

3.7         By using this website, you assure us that you are 18 years or older and do not need a guardian or parent to sign for you. If you are under 18 or not able to sign your own legal documents, you can use the website only under the supervision of your parent or legal guardian. Your parent or guardian is then responsible for everything you agree to in the Terms and Conditions.

3.8         You agree that you will not tamper with or change any workings of the website using any device software or any other instrument that could interfere with 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 us before taking any action. We consent to standard search engine technology employed by internet search websites being used to direct internet users to this website.

3.9         You may not use the website to send out any material that is defamatory, offensive or unlawful, or that contains hate speech.

3.10       You will need written consent from us if you want to display, publish, copy, print, post or do anything on the website and its information.

 

4       Returns

4.1         We set out our Returns Policy for returning products (and refunds, replacements and repairs) below.

4.2         In terms of the Electronic Communications and Transactions Act (ECTA), 25 of 2002, you are entitled to the following cooling-off periods:

4.2.1               Once you have made a purchase on the Unlocked.Me site, you have seven days from the date of purchase to cancel your order without a reason or being penalised for it.

4.2.2               You also have seven days to cancel any services from the date you signed the agreement.

4.3         In keeping with the rules of the Consumer Protection Act (CPA), 68 of 2008, the following policy applies to the return of Goods:

Return Policy in terms of the CPA

You can return Goods.

We will receive returned Goods and cancel the transaction.

You can return Goods because they do not fit the description or look and feel of what the Sale of Goods agreement stated. You can also return Goods if in a special-order agreement the Goods do not meet the material specifications of the special order.

We must refund the full amount within 10 business days after you have returned the Goods to us, according to the CPA.

You can return your Goods or order if you find products or services that you did not order or were not part of the initial Goods description or agreement from us.

We must refund the full amount within 10 business days after you have returned the Goods to us, according to the CPA.

You can return the Goods you ordered if you find that they do not fit the original purpose you bought it for or if the particular purpose we communicated is not something the Goods can do.

We must refund the full amount within 10 business days after you have returned the Goods to us, according to the CPA.

You can return Goods if the Goods do not satisfy the requirements and standards of section 55 of the CPA or, after we have repaired the Goods or any component of the Goods but 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. We must refund the amount to you or replace the Goods, as you have instructed.

We must refund the full amount within 10 business days after you have returned the Goods to us, according to the CPA.

4.4         For returns that do not fall in the descriptions above, we have the right to deduct a reasonable amount from the refund, which will cover costs to restore the Goods for restocking and for your use the Goods as the case may be.

 

5        Third-party Sellers

5.1         We have partnered with Third-party Sellers to sell Goods and Services on the website. We will clearly state on relevant product pages and checkout pages which Goods are for sale by which Third-party Seller. We provide the platform only to enable transactions between Third-party Sellers and you. We are not the buyer or the seller of these Goods, unless otherwise stated.

5.2         The Sale formed on acceptance of your order (in line with clause 7) for Goods that are for sale by a Third-party Seller is therefore solely between you and the Third-party Seller. We are not a party to that sale. But we will take responsibility for any unresolved payment queries that you have, in line with the applicable rules.

5.3         We are responsible for ensuring that the Goods are delivered. We must also give you an invoice if required.

5.4         It is our responsibility that you have a safe and consistent user experience. To make sure this happens, we will handle any of your returns under the CPA or the ECTA connected with or resulting from the Sale between you and a Third-party Seller on behalf of the Third-party Seller, according to our Returns Policy.

 

6       Travel

6.1         All travel packages will be sold in line with the terms and conditions of our travel partner(s), and we include those terms and conditions on the website for your reference.

6.2         If there is anything you do not understand in these Terms and Conditions, you must ask us to explain.

 

7       Conclusion of sales and availability of stock

7.1         You can place orders for Goods, which we 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 us for the Goods, will determine whether or not we and the Third-party Seller accept an order.

7.2         We and the Third-party Seller will indicate that we accept your order by delivering the Goods to you. Only at that point will an agreement of sale between you and us and the Third-party Seller come into effect (the Sale). This is regardless of any communication from us stating that your order or payment has been confirmed.
We will indicate the rejection of your order (by us and the Third-party Seller) by cancelling it and, as soon as possible after that, refunding you for any amount you have already paid.

7.3         You may cancel an order at any time before the delivery of the Goods if you do so before receiving a delivery notice. After the delivery of the Goods, you may return the Goods only in line with the Returns Policy above.

7.4         When you buy a television on the website, we will ask you for your TV licence number and accountholder ID. You may buy the TV on Unlocked.Me but delivery will take place only after you have given us a valid TV licence number. If you do not have a TV licence, we will cancel your order.

7.5         If you place Goods on your wish list on your account and do not buy 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 us and the Third-party Seller liable when these changes occur.

7.6         You accept that stock of all Goods on offer is limited and that prices may change at any time without notice to you. Prices cannot change once you have placed an order. When Goods are on sale, we 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. We cannot guarantee stock availability. If Goods are no longer available after you have placed an order, we will notify you and refund you your full amount paid.

 

8       Payment

8.1         We are committed to giving you secure online payment facilities. All transactions are encrypted using appropriate encryption technology such as Mastercard SecureCode, Verified by Visa, and PayD. All major banks have recently implemented these and they require users who wish to buy anything online to register their credit or debit cards for this purpose. Once you have registered your card, you will receive an one-time password (OTP) by SMS that will allow you to complete your transaction. The OTP will under no circumstances be processed through our call centre.

8.2         You can pay for Goods via any of the following:

8.2.1               Debit card.

8.2.2               Credit card. When you pay with a credit card, we may ask for extra information to verify and authorise the payment. If you do not give it to us, we are entitled to hold back the delivery until we have the necessary information. If you do not give it to us, we will cancel your order. You agree that you are authorised to use the credit card supplied for paying for 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.

8.3         You can email us at hello@unlocked.me for a full record of your payment history. We will also send you emails about your order and payment.

8.4         Once you have selected your payment method, we will direct you to a link of a secure site for payment of the Goods.

 

9       Delivery of goods

9.1         We have partnered with a service provider for the delivery of Goods to you. The current method of delivery of Goods is courier.

9.2         We deliver within South Africa only. Please specify a delivery address within South Africa so that you can buy Goods. We will deliver the Goods to you at a flat delivery fee of R100 for purchases below R 500. Delivery will be free for all purchases of R500 and above.

9.3         You will receive an order confirmation via email, which will include a tracking number so that you can track your delivery on the site. But this may change in the future and we will let you know when it does.

9.4         When we accept your order, we and the delivery partner will deliver the Goods to you as soon as reasonably possible, but no later than 20 business days after we have received your proof of your payment (Delivery Period). If you place an order during peak times like Black Friday or Cyber Monday, we may extend our delivery times with a further 20 business days. But we will let you know of the extended time for delivery before you check out your order on Unlocked.Me. If we are unable to deliver within seven days, we will let you know and you can cancel your order. If you want to cancel your order, we will refund you the full purchase price.

9.5         It is our responsibility to deliver the Goods to the address you have specified for delivery. We are not responsible for any loss or unauthorised use of the product once it has been delivered to the address you specified in your order.

9.6         Delivery will happen from Mondays to Fridays between 08:00 and 17:00. To confirm the delivery you or a duly mandated third party must show proof of identity and sign for the delivery at the nominated delivery address.

9.7         All third-party suppliers will deliver their own products, except Gamefinity, who will use FedEx as their delivery partner.

 

10    Errors

10.1       We will take all reasonable steps to depict the description, availability, purchase price and delivery charges of Goods on the website accurately. We are not liable for any loss or expense relating to a transaction due to any unintentional errors on the website that are not due to our gross negligence.

10.2       We will not be bound by any incorrect information about our products displayed on any third-party websites.

 

11    Privacy policy

11.1       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 you can find in the tab under ‘Legal notices’ below.

 

12    Changes to the Terms and Conditions

12.1       We may, in our 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 agree with these changes. If you are not satisfied with any changes, you must not place further orders on the website. Any changes will apply to your use of this website only after the change is shown on the website. If you use the website after we have updated the Terms and Conditions, we will assume that you have accepted the changes to the Terms and Conditions.

 

13    Electronic communications    

13.1       When you visit the website or send us emails, you consent to receiving communications from us or any of our divisions or partners electronically in line with our privacy policy as stated in clause 11 above.

13.2       You will receive direct marketing only if you have consented to that.

 

14    Ownership and copyright

14.1       The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks that are displayed on or incorporated in this website (Website Content) are protected by law, including, but not limited to, copyright and trademark law. The Website Content is either i) our property or  ii) that of our advisors or other sponsors, which means it is licenced to us or iii) jointly owned by us and our advisors or sponsors.

14.2       You will not acquire any right, title or interest in or to the website or the Website Content.

14.3       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 get permission for the commercial use of any Website Content, email us at hello@unlocked.me. If we do not respond in writing in five business days, we will not have agreed to your request.

 

15    Linking to third-party websites

15.1       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 these third-party terms and conditions.

15.2       The website may contain links or references to other websites, including those of advertisers (Third-party Websites), which we do not control. These Terms and Conditions do not apply to Third-party Websites. We are also not responsible for the practices and privacy policies or cookies used by the Third-party Websites.

15.3       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 a Third-party Website or your reliance on any information you receive from them.

 

16    Limitation of liability

16.1       We cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, except where the liability arises from our incompetent or wilful misconduct, or that of our employees, agents or authorised representatives. Please report any possible malfunctions or errors to us at hello@unlocked.me.

16.2       We will not be liable for any direct, indirect, incidental, special or consequential loss or damages that might arise from your use of, or reliance on, the website or Website Content; or your inability to use the website, and/or unlawful activity on the website, and/or any linked Third-party Website.

16.3       You indemnify us against any loss, claim or damage that your or any third party may suffer arising in any way from your use of this website and/or any linked Third-party Website.

 

17    Availability and termination 

17.1       We will do our best to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part of it with or without notice to you.

17.2       We may terminate, suspend or modify this Website, with or without notice to you. You agree that we will not be liable to you if we choose to suspend, modify or terminate this Website other than for processing any orders you made before that, to the extent possible.

17.3       If you do not 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.

17.4       We are entitled, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or coupon intended by us to be used once-off by you, to blacklist you on our database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and to cancel any order concluded between you and us, in whole or in part, on notice to you. We will be liable only for refunding money you have already paid (see our Returns Policy), and accept no other liability that may arise as a result of such blacklisting and refusal to process any order.

 

18    Governing law and jurisdiction

18.1       These Terms and Conditions and our relationship and any dispute arising from or in connection with these Terms and Conditions will be governed and interpreted in accordance with the laws of South Africa. Your continued use of the website will mean you consent and submit 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.

18.2       If any dispute arises between you and us, you consent to the non-exclusive jurisdiction of the High Court of South Africa (South Gauteng Division, Johannesburg), even if the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

18.3       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

19.1       We choose Block D, First Floor, Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandton, South Africa, as our address for the service of all formal notices and legal processes in connection with the Terms and Conditions (Legal Address).

19.2       We may change this address from time to time by updating the Terms and Conditions.

19.3       You choose the delivery address specified with your order as your Legal Address, but you may change it to any other physical address by giving us at least seven days’ notice in writing.

19.4       You must send notices either by hand, prepaid registered post, fax or email and they must be in English. The parties accept that if you send a notice:

19.4.1            by hand, it is received on the date of delivery;

19.4.2            by prepaid registered post it is received 10 days after the date of posting;

19.4.3            by fax before 16:30 on a business day it is received on the date of successful transmission of the fax. All faxes sent after 16:30 or on a day that is not a business day is received on the following business day; and

19.4.4            by email is received on the date indicated in the 'read receipt' notification. All email communications between you and us must use the 'read receipt' function to serve as proof that an email has been received.

 

20    Information

20.1       For the purposes of the ECTA our information is as follows. You must read it together with our product descriptions and other terms and conditions on the website:

20.1.1            Main business – online retailer.

20.1.2            Physical address for receipt of legal notices – Block D, First Floor, Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandton; and postal address PO Box 1144, Johannesburg, 2000.

20.1.3            Email address: hello@unlocked.me.

20.1.4            The Promotion of Access to Information Act, 2 of 2000, manual is available on the main site under 'Legal notices'. Third-party Sellers’ information is available in the relevant product listing or via the customer support centre, contactable athello@unlocked.me.

 

21    General

21.1       We may, at our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or your right to use the website or any of its contents, subject to our processing any orders that you have made already.

21.2       You may not cede, assign or otherwise transfer your rights and obligations in terms of the Terms and Conditions to any third party.

21.3       If you or us do not enforce any right under the Terms and Conditions, it will not mean the party gives up that right.

21.4       If any term or condition in these Terms and Conditions is declared invalid, the remaining terms and conditions will still apply.

21.5       No indulgence, extension of time, relaxation or latitude that any party (first party) may show, grant or allow another party will mean the first party gives up any of its rights and the first party will not thereby be prejudiced or estopped from exercising any of its rights against the other party that may have arisen in the past or that might arise in the future.

21.6       The Terms and Conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties.