1.1 These Terms apply to you and to your use of our Device Store and are a binding legal agreement between you and us.
1.2 Please read the Terms carefully and pay special attention to the clauses that are in bold, as they may exclude or limit our liability (responsibility) to you.
1.3 When you use the Device Store, you agree to the Terms and warrant that you are at least 18 years old, and that you can enter into a legally binding agreement. If you are under 18 or if you cannot enter into a binding agreement, then you may use the Device Store only if your parent or legal guardian agrees to this. If your parent or legal guardian agrees to this, then they will be bound by these Terms and be responsible for you and your obligations under these Terms.
Words that begin with a capital letter are defined as follows:
2.1 Applicable Laws means all national, provincial, local and municipal legislation, regulations, statutes, by-laws or other laws of any relevant regulatory authority and any other instrument, as updated from time to time, having the force of law relating to the activities covered by these Terms.
2.2 Card means a qualifying Standard Bank personal/business cheque or credit card, excluding any travel lodge card, garage card, fleet card or any co-branded credit card.
2.3 Customer means any person to whom we have issued a Card.
2.4 Device Store means the Standard Bank Device Store found on our Website and/or at Standard Bank office in 3 Simmonds Street, Johannesburg, where you can buy the Products.
2.5 FAQs means our list of Frequently Asked Questions, found on our Website and incorporated by reference.
2.6 Group means Standard Bank Group Limited, its subsidiaries and their subsidiaries.
2.7 Personal Information means information about an identifiable, natural person and where applicable, a juristic person, including information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address, telephone number; location; any online identifier; any other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person, or if revealing the name itself would also reveal information about the person.
2.8 Process means any operation or activity, automated or not, concerning Personal Information, including: changing; blocking; collation (gathering and arranging); collection; consultation; degradation (loss of information or a reduction of its quality); destruction, spreading by means of transmission, distribution or making available in any other form; erasure; linking; merging; organisation; receipt; recording; retrieval; storage; updating; modification or use of the Personal Information.
2.9 Products means mobile phones and any other devices that we offer in the Device Store.
2.10 Profile means the Profile created when you register with us through the Device Store, as set out in clause 3.
2.11 Prohibited Activities means:
2.11.1 illegal or terrorist activities.
2.11.2 money laundering, bribery, tax evasion, corruption, or fraud.
2.11.3 any activities that are subject to Sanctions or do not comply with Applicable Laws.
2.11.4 making a payment that improperly advantages any person.
2.12 Registered User means any user who registers with us through the Device Store and has created a Profile.
2.13 Sanctioned Entity means any natural or juristic person or country listed on a Sanctions List or subject to any Sanctions, which include:
2.13.1 in the case of a juristic person, any person (i) who owns or controls it; or (ii) whom it owns or controls (and for these purposes, owns means holding any percentage of ownership or beneficial interest, and controls means the ability to directly or indirectly – whether through the voting of shares, the appointment of directors or similar officers, or by any other means – control the business or policy of the juristic person).
2.13.2 in the case of a country, its ministries, departments and agencies and/or any other governmental organisations.
2.14 Sanctioning Body means the United Nations Security Council (UNSC), the Office of Foreign Assets Control of the Department of Treasury of the United States of America (OFAC), the European Union (EU), Her Majesty’s Treasury (HMT), the Ministry of Economy, Finance and Industry (France) (MINEFI) or any other Sanctioning Body we recognise.
2.15 Sanctions means any restrictions set by a Sanctioning Body, including diplomatic, travel, trade, or financial sanctions or embargoes (bans).
2.16 Sanctions List means a list of Sanctioned Entities published by a Sanctioning Body, whenever updated.
2.17 us/we/our/Standard Bank means The Standard Bank of South Africa Limited (Registration Number 1962/000738/06) and its successors or assigns.
2.18 Website means our website at https://devicestore.standardbank.co.za.
2.19 you/your/user means a Customer who accesses and uses the Device Store, including any Registered User.
3. REGISTERING AND USING THE DEVICE STORE
3.1 Only Registered Users may buy Products from the Device Store.
3.2 To register and create your Profile, you must provide us with a unique username and password (Access Details) as well as other Personal Information.
3.3 Once the correct Access Details have been entered, and whether the use of the Access Details is unauthorised or fraudulent or not, you will be liable to pay for any Products ordered, unless you cancel the order by following the process set out in these Terms.
3.4 You must let us know immediately if you become aware of, or reasonably suspect, any unauthorised access to or use of your Access Details.
3.5 You must not use any device, software or other instrument to interfere with the way the Device Store works. You must also not use any robot, spider or other automatic device or any manual process to monitor, copy, distribute or change the Device Store or the information contained in it without our consent.
4. SALES AND AVAILABILITY OF STOCK
4.1 If you place an order for a Product, we may accept or reject it. Whether or not we accept an order depends on whether the Product is available, whether the information relating to the Product is correct (including the price), and whether we have received payment for the Product.
4.2 We may add or remove Products from the Device Store at our discretion. The prices of Products are shown in Rand and include Value-Added Tax (VAT).
4.3 The total price of the Products, including the delivery fee, will be shown in Rand before checkout.
4.4 We may change the price of or the discount related to any Product without notice to you.
4.5 If, after you have placed an order for a Product, it becomes discontinued or out of stock, we will let you know and offer you an alternative Product. If we do not have an alternative Product or you do not want the alternative Product, we will refund you.
4.6 We are not responsible for any incorrect information about our Products on any third-party websites.
4.7 A valid sale agreement regarding the Products comes into being between you and us only when the Products are delivered to you. This is regardless of any communication from us stating that your order or payment has been confirmed. If we have to reject your order, we will cancel it and refund you as soon as possible for money already paid.
4.8 If you put a Product in a cart without completing the purchase, it does not constitute an order for such Product, and we may remove the Product from the cart without notice to you. You cannot hold us liable if such Product is no longer available or the price has changed by the time you complete the purchase.
4.9 We make reasonable efforts to monitor Product stock levels. However, we cannot guarantee the availability of Product stock. If Products are no longer available after you have placed an order, we will let you know, and we will refund you for money already paid.
5. CANCELLING YOUR ORDER AND OUR RETURNS POLICY
5.1 You may cancel any order, but it must be before we send you a dispatch or delivery notice. We will refund you in full.
5.2 If we have already delivered the Product to you and you want to return it, you have 14 working days from the day the Product was delivered to you. The Product must be unused and returned in its original packaging. We will arrange to collect the Product from you. We may deduct a return fee for collecting the Product from the refund due to you, which we will let you know about at the time. If the Product has been used, we may also deduct from the refund any loss in the value of the Product.
5.3 Certain Products may carry a warranty, whether by us or from a third-party manufacturer. If you use or change the Product, then these warranties could become void and fall away. If a Product becomes faulty, the repair or replacement of it depends on the warranty and our Returns Policy.
5.4 Any refunds will be processed using your original method of payment.
5.5 Our Returns Policy governs the sales of the Products. You must read this Returns Policy before you place any order.
6.1 We may also include important information regarding the Products in our FAQs, such as how to place an order and more details regarding the payment methods we accept. These FAQs are binding on you.
6.2 If there are any differences between the FAQs and these Terms, these Terms will apply.
7. SPECIAL OFFERS
We may advertise special offers in the Device Store related to the Products. These offers will be available during the offer period, while stocks last, or we will let you know otherwise. We may remove or change any offer without notice to you. These Specials are only applicable when using a Standard Bank Card
8.1 We are committed to providing you with secure online payment facilities. Transactions are encrypted by means of appropriate encryption technology.
8.2 We currently accept only Cards as payment. We may require additional information to authorise and verify the Card payment, and we may withhold delivery until we get this information. If we do not receive authorisation, your order for the Products will be cancelled. You warrant that you are authorised to use the Card supplied to pay for the Products.
8.3 We will send you an email confirming your order and payment. You will also be able to see your order history through your Profile.
9.1 We currently deliver only to addresses in South Africa.
9.2 Once we have confirmed that the Products are in stock, we will try our best to deliver them to the address you have chosen within two working days from the date on which you paid for the Products.
9.3 When the courier delivers your Products, the seal on the package should be intact. If the seal has been tampered with, do not accept delivery. Return the Products with the courier.
9.4 If the seal has not been tampered with, you must open the package to check that you have received the correct Product and that it has not been damaged before signing the waybill.
9.5 By signing the waybill, you are confirming that you have accepted delivery and received the Products in good condition.
9.6 If a delivery fee applies to your order, this fee will be shown to you before checkout.
9.7 We will not be liable for any delays or errors in delivery for reasons that are beyond our control, including where you have given us the wrong delivery information.
10. DATA PROTECTION
10.1 You give consent for us to collect your Personal Information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, as well as the purposes set out below.
10.2 You confirm that if you give us Personal Information about or on behalf of another person (including account signatories, that is, someone who may manage your account with your permission), you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information to and from the country where the products or services are provided; and (c) receive any privacy notices on their behalf.
10.3 You consent to our Processing your Personal Information:
10.3.1 for the purpose of providing Products to you under these Terms and providing any other products and services for which you may apply.
10.3.2 for the purpose of carrying out statistical and other analyses to identify potential markets and trends, and to evaluate and improve our business (this includes improving existing Products and services and developing new Products and services).
10.3.3 in countries outside the country where the Products or services are provided. These countries may not have the same data protection laws as the country where the Products or services are provided. Where we can, we will ask the receiving party to agree to our privacy policies.
10.3.4 by sharing your Personal Information with our third-party service providers and insurers locally and outside the country where the Products or services are provided. We ask people who provide services to us to agree to our privacy policies if they need access to any Personal Information to carry out their services.
10.3.5 within the Group.
10.4 You will find our Processing practices in the Group’s and our privacy statements. These statements are available on the Group’s websites or on request.
10.5 If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live, you should get independent advice.
11.1 You must not:
11.1.1 use the Products to assist or benefit any Sanctioned Entity.
11.1.2 make the Products available to any person who may use or intends to use it to assist or benefit a Sanctioned Entity.
11.2 You warrant that you are not:
11.2.1 a Sanctioned Entity.
11.2.2 being investigated for any activities relating to Sanctions.
11.3 If you are being investigated for any activities relating to Sanctions, you must let us know about this immediately and in writing.
11.4 If we know or suspect that you are in breach of this clause 11 or that you are about to become subject to Sanctions, we can immediately, at our discretion:
11.4.1 cancel or suspend access to the Products and any other product or service we provide to you.
11.4.2 cancel these Terms and any other relationship we have with you.
11.5 We cannot be held liable for any loss you suffer if we cancel these Terms or any other relationship we have with you.
12. INTELLECTUAL PROPERTY
Nothing in these Terms is a licence or transfer to you of any intellectual property belonging to Standard Bank, including copyright or trademarks relating to our Device Store, the Products and the software in the Products.
13.1 We use cookie technology for the Device Store. A cookie is a small text file that is saved on your internet browser when you use the Device Store. The cookie is sent to us each time you visit the Device Store. Cookies make it easier for us to give you a better experience online.
13.2 You can stop your web browser from accepting cookies by changing the settings on your web browser. If you restrict cookies, it may impact the functionality of the Device Store. We recommend that you allow cookies. On most web browsers, cookies are enabled by default.
14. LIMIT TO OUR RESPONSIBILITY TO YOU
14.1 Except as required by Applicable Law or where we are grossly negligent or it is our fault, we are not liable for any loss you suffer if you use the Device Store or if you rely on any information set out in the Device Store.
14.2 Although certain Products may be under warranty, the Device Store itself and the information provided in the Device Store are provided as is, without warranty, including the following implied warranties (as may be allowed under Applicable Law): that the Product is working, that the Product can be used for a specific purpose, that the Product is complete, and that the Product is not patented by someone else and does not have a copyright claim against it.
14.3 While we make reasonable efforts to ensure that the content of the Device Store is accurate and complete, we make no warranties as to the quality, timeliness, operation, integrity, availability or functionality of the Device Store or as to the accuracy, completeness or reliability of any information in the Device Store.
14.4 We also make no warranty that the information contained in the Device Store is free of viruses, spyware, malware, trojans or any other data or code that can corrupt, compromise, disable or otherwise hamper your computer, mobile device, network, hardware or software. You accept the risk associated with this.
We make reasonable efforts to ensure that the Device Store is available, except during scheduled maintenance periods.
16.1 We may at our discretion suspend, discontinue, terminate and change the Device Store, with or without notice to you. We cannot be held liable if we do this, except if you have already paid for a Product and we have not fulfilled your order.
16.2 We can also suspend/cancel these Terms and/or your access to the Device Store (including your Profile) immediately if:
16.2.1 you breach these Terms.
16.2.2 we believe or suspect that you are involved in any Prohibited Activities.
16.2.3 we must do so for legal reasons, are told to do so by any regulatory authority, or must comply with our internal policies.
16.3 Where we believe or suspect that you are involved in any Prohibited Activity, we may also blacklist you on our database, refuse to accept or process payment on any order and/or cancel any order, on notice to you. We are not responsible for any liability as a result of this blacklisting and/or refusal to process any order.
16.4 You can choose to stop using the Device Store at any time, with or without notice to us.
17. YOUR RESPONSIBILITY FOR OUR LOSS
You will be liable (and you must pay) for any loss that we may suffer because:
17.1 you breached these Terms or are involved in any Prohibited Activity.
17.2 you gave us wrong instructions or information.
17.3 someone used your Access Details without your permission.
18. CHANGES TO THESE TERMS
18.1 We may change these Terms. We will let you know about changes to these Terms through the Device Store or by posting the changes on our Website, sending you an email or an SMS or through another communication technology.
18.2 The latest version of the Terms applies to you each time you use the Device Store. By continuing to use the Device Store you agree to these updated Terms.
18.3 You may not change any of these Terms.
19. WHERE LEGAL DOCUMENTS AND NOTICES WILL BE SENT
19.1 You choose the street address you gave us when you created your Profile as the address where any legal documents or notices may be served or delivered to you (your domicilium citandi et executandi).
19.2 We can send other written notices to the street, postal or email address that we have on record for you.
20. GENERAL TERMS
20.1 The singular includes the plural and the plural includes the singular. Unless we say otherwise, a reference to:
20.1.1 a person includes a natural or a legal
20.1.2 any gender includes all genders.
20.1.3 a reference to a clause means a clause of these Terms.
20.1.4 a reference to you or us includes your and our employees, agents or authorised representatives, where applicable.
20.1.5 the word including is not a word of limitation.
20.2 Headings in these Terms are for information only and must not be used to interpret these Terms.
20.3 if a word is defined, its other grammatical forms have a corresponding meaning.
20.4 South African law governs these Terms.
20.5 No extra time, favour or other indulgence we may allow you will affect our rights, whether the indulgence is express or implied. We do not give up our rights.
20.6 If any clause in these Terms is invalid or illegal or cannot be enforced, the other clauses will still be valid.
20.7 You cannot transfer or assign your rights and obligations under these Terms to someone else. We can transfer or assign our rights and obligations.
21. COMPLAINTS AND QUERY RESOLUTION
21.1 You can contact us through our Customer Services department:
21.1.1 by calling 080 121 2577 (at normal charges) or 135 (free of charge), if you have a Standard Bank SIM card.
21.1.2 by email at [email protected].
21.2 Customer Services’ operating hours are Monday to Friday: 9am to 5:30pm (it is closed on Saturday, Sunday and public holidays).
21.3 If you have a problem and we do not solve it, or if you are not happy with the way in which it was solved, you can contact:
21.3.1 the National Consumer Commission, by telephone on 012 428 7000 or 012 428 7726 or by email on [email protected].