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TERMS AND CONDITIONS Sundial Telecom welcomes you to the Sundial Telecom.co.za and calltheworld.co.za website. The objective of the website is to provide information on Sundial and its services and offers the opportunity for users to purchase or register for Sundial products. By using this website you agree to these general terms and conditions of use. It is therefore important that you read and understand these Terms of Use. When you access this website, you will be bound in law by the terms that appear on this web page, except for those terms appearing in section 12 (which apply only when you choose to purchase Sundial Telecom Products via this Website). These terms represent an agreement between you, the person or entity accessing or using this Website or purchasing Sundial Telecom Products via this Website, and Sundial Telecom (Registration number 2005/057177/23). Throughout this Website Sundial Telecom refers to this agreement between you and Sundial Telecom as the Terms of Use. 1. WEBSITE TERMS OF USE Sundial Telecom provides the company and services information and opportunity to purchase Sundial Telecom Products offered to you via this Website (the “Services”) subject to these Terms of Use. By accessing the Website or using any of the Services you are deemed to have agreed to these Terms of Use. Sundial Telecom may at any time modify these Terms of Use and your continued access of the Website or use of the Services will be subject to the Terms of Use in force at the time of your use or access. Accordingly you agree to review these Terms of Use periodically, and your continued access of the Website or use of the Services shall be deemed to be your acceptance of the amended Terms of Use. 2. DISCLAIMER Sundial Telecom shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to: • Your use of or reliance on any information provided on or via the Website; • Any e-mails sent from the Website; • Services provided via this Website; • Any viruses that may infect your computer or other property on account of your access to or use of this Website; • Use of content, data or information made available via the Website;• Any failure, delay or unavailability of the Website or any Services offered via the site for any reason whatever; • The supply, or failure or delay in supplying any of the Services offered via the Website; and • The breach of any of these terms of Use by you. You indemnify Sundial Telecom, its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid. 3. CONTENT OF THE WEBSITE Whilst every effort is made to update the information provided on the Website on a regular basis, Sundial Telecom makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. Sundial Telecom reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. Sundial Telecom gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content. 4. INTELLECTUAL PROPERTY RIGHTS THIS Website is solely for your personal and non-commercial use. Intellectual property rights in all materials made available through this Website are owned by Sundial Telecom, and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Nothing contained on this Website should be construed as granting any license or right to use any Intellectual Property without the prior written permission of Sundial Telecom. 5. EXTERNAL LINKS External links may be provided for your convenience, but they are beyond the control of Sundial Telecom and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. NO hypertext links may be created from any Website whether controlled by you or otherwise to this Website without the express prior written permission of Sundial Telecom. 6. CHILDREN If you are under 18 years of age, you may use the Services offered via this Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use the Services offered via this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of the Services. You agree to supervise all usage by minors of this Website under your name or account. 7. VERIFICATION 7.1 You acknowledge and agree that Sundial Telecom shall be entitled to verify the identity of any person placing an order via this Website for any Sundial Telecom Products. Sundial Telecom will not be bound to carry out any order until it has verified the identity of the person placing the order. 7.2 You acknowledge and agree that Sundial Telecom shall be entitled to verify the authenticity of any communication transmitted to it by way of the Internet that purports to emanate from you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to Sundial Telecom by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Sundial Telecom and you will be bound by such details with no liability of whatever nature attaching to Sundial Telecom. 7.3 You waive any rights you may have or obtain against Sundial Telecom arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Sundial Telecom acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify Sundial Telecom against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Sundial Telecom has acted on your instructions or instructions which purport to emanate from you. 8. SYSTEM AVAILABILITY Sundial Telecom strives to give 24- hour-a-day service every day of the year. Sundial Telecom does not warrant, however, that the Website will be available each and every time you attempt to access it or use the Services. Sundial Telecom reserves the right to suspend the operation of the Website. 9. WARRANTIES 9.1 You hereby warrant that every instruction and all information given by you to Sundial Telecom shall be accurate, true and complete. 9.2 You understand that Sundial Telecom makes no warranties, representations, statements (whether express, implied in law or residual) regarding the Website, any Services provided via this Website or the suitability of any of the Services for a particular purpose. As Sundial Telecom provides certain Services to you via the Internet, Sundial Telecom makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or Sundial Telecom rely to provide any of the Services. 10. USE OF THE WEBSITE 10.1 You agree to be financial responsible for your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years). 10.2 Any conduct by you that in Sundial Telecoms sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. You agree to use this Website in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts. 11. SUBMISSIONS BY YOU TO SUNDIAL TELECOM Sundial Telecom is not responsible for your submissions or responses to Sundial Telecom. Any product concepts or ideas submitted by you to Sundial Telecom will be considered the property of Sundial Telecom. Sundial Telecom will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products. 12. PURCHASE OF A SUNDIAL TELECOM PRODUCT VIA THIS WEBSITE 12.1 When you choose to purchase any Sundial Telecom Products via this Website, the terms set out in this paragraph 12 will also apply to your purchase in addition to the other Terms of Use appearing on this web page. 12.2 By entering your personal details on this Website, you are deemed to be bound by these Terms of Use, including this paragraph 12. You may not purchase any Sundial Telecom Products via the Website should you not wish to be bound by these Terms of Use and this paragraph 12. 12.3 Disclaimers 12.3.1 You understand that Sundial Telecom makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any Sundial Telecom Products. 12.3.2 While Sundial Telecom makes every effort to ensure the accuracy of the content of the Website, Sundial Telecom makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information on the Website. 12.3.3 Sundial Telecom shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) arising in connection with the purchase, use or supply of Sale Products or any other Sundial Telecom Products or the use or reliance upon any information published on the Website. 12.4 Sale and Purchase of Sundial Telecom Products - The Sundial Telecom Products that you purchase and that Sundial Telecom sells to you are those you have chosen by clicking on the ‘Buy Online’ link or the recharge section of the ‘Existing Customers’ link. 12.5 Purchase Price for Sale Products The purchase price for the Items is the amount, in South African Rand. 12.6 Payment of Purchase Price Credit card (Visa, MasterCard) verified and authenticated by VCS. 12.7 Indemnity You indemnify Sundial Telecom, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Items or any other Products, including without limitation their purchase, delivery, late delivery, non-delivery, or use. 12.8 Payment Default Should you not fully pay the Purchase Price for the Items you will be liable for all collection costs incurred by Sundial Telecom, including, but not limited to, all reasonable attorney and collection agency fees. 12.9 Authority 12.9.1 By entering your details or details that purport to be yours and submitting those details, you represent that you have the required authority to enter into and accept these Terms of Use. 12.9.2 If you are under 18 years of age, you may purchase Sundial Telecom Products only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase Sundial Telecom Products via the Website you will be bound by any legal obligations that you may incur as a result. You agree to supervise all purchases under your name or account via the Website made by minors. 13. SOLE RECORD These Terms of Use are the sole record of the agreement between you and Sundial Telecom and contain all of the provisions governing the relationship between you and Sundial Telecom, in relation to the purchase by you of the Items, access of the Website or use of Services via the Website. 14. GENERAL 14.1 Any waiver of rights by you or Sundial Telecom in terms of these Terms of Use must be in writing to be effective. No failure or delay on the part of Sundial Telecom in exercising any right or remedy under these Terms of Use will operate as a waiver of that right or remedy. 14.2 These Terms of Use do not constitute an agreement of employment, partnership, joint venture or agency between Sundial Telecom and you. Neither you nor Sundial Telecom has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other. 14.3 You may not cede or delegate any rights or obligations in terms of these Terms of Use without the prior written consent of Sundial Telecom. 14.4 Any amendment to these Terms of Use must be in writing signed by both you and Sundial Telecom. 14.5 Any notice given by either you or Sundial Telecom in terms of these Terms of Use must by in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Sundial Telecom must be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You and Sundial Telecom may change address or facsimile number for purposes of these Terms of Use by giving the other written notice of its new address or facsimile number. 14.6 If any provision of these Terms of Use is or at any time becomes invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these Terms of Use and the other provisions of these Terms of Use shall continue to be of full force and effect. 14.7 Should any dispute or proceedings arise in connection with any matter related to these Terms of Use, any Services offered via this Website, you and Sundial Telecom consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and Sundial Telecom shall have the right to institute proceedings in any other competent court. 15. GOVERNING LAW These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws. PRIVACY STATEMENT This privacy statement discloses the privacy practices for the www.sundialtelecom.co.za and calltheworld.co.za site. We have agreed to notify you of: 1. What personally identifiable information of yours is collected from you via this site 2. The organization collecting the Information 3. How the Information is used 4. With whom the Information may be shared 5. What choices are available to you regarding collection, use and distribution of the Information 6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control 7. How you can correct any inaccuracies in the Information If you have questions or concerns regarding this statement, you should please contact Sundial Telecom by email on This e-mail address is being protected from spambots. You need JavaScript enabled to view it Information Collection and Use When we collect personal information about you we will collect this information from you lawfully and fairly and not in any unreasonably intrusive way. You acknowledge and agree that we may collect this information from you in connection with or as a consequence of your use of our site, including, without limitation, the supply of the online trading services to you. We are the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way other than as disclosed in this privacy statement. We may collect information from our users at several different points on our site. We may collect information about your buying activities, if you choose to participate on our site as a result of you engaging in these activities and also from ratings and comments received from other users regarding you engaging in those activities. We also collect information from any form of correspondence, such as emails and telephone conversations, from you or from a third party about you. We will also collect financial information about you as set out in the Terms and Conditions of Use of this Site. Your payment information will be used to charge you accordingly. We may pass your payment information onto recognized partners in certain cases, such as for charging you for the services of shipping and delivery or fulfillment companies are offered to our users, but only in cases where our users have requested those services from us. Other information that we collect is outlined below. Registration When you register we collect personal information such as your name, address, email address, telephone and fax numbers. This information is used to contact you about the services for which you have expressed interest. We may also collect additional information such as “How did you hear about us?”, and unique identifiers such as your company name. All information that is mandatory is made known on the registration form and is necessary to complete the registration process. You are also encouraged to provide the additional, optional information specified on the registration form. Log Files We collect statistical information about you from page hits. Every page, image or cgi program requested by your browser from our servers is logged in a log file, which also collects the following information: your remote IP address, the referring HTML page and the type of browser and computer that you are using. We use IP addresses to analyze trends, administer our site, track your movements, and gather broad demographic information for aggregate use. The statistical information we gather is used internally for marketing analysis. This information and IP addresses are not linked to personally identifiable information. Newsletter If you wish to subscribe to our newsletter, we ask for contact information such as email addresses. However, it is completely at your discretion to be removed from such a list as set out in our choice and opt-out section below. Site and Services Updates We may also send you site and services announcement updates. These contain important information about our site and our services. Surveys & Contests From time-to-time we may request information from you by way of survey or competition. Participation in these surveys or competitions is completely voluntary and you therefore have a choice whether or not to disclose any information to us. Information requested may include contact information (such as email addresses) and demographic information. Contact information will be used by us to notify the winners and award prizes in relation to competitions, and also for promotional mailings. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this site. Security We take every precaution to prevent the loss, misuse and alteration of all information under our control. When you submit sensitive information via our site, your information is protected both online and off-line. When our registration form asks you to enter sensitive information (such as credit card number), that information is encrypted and is protected using SSL. While on a secure page, such as our registration form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked. While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. The servers that we store personally identifiable information on are kept in a secure environment. If you have any questions about the security at our site, you can send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it Correspondence Opt-out Existing customers and registered users will occasionally receive information on products, services, special deals, and a newsletter. Users have the option not receive these types of communications by unsubscribing or ‘opting-out’ Correction/Updating Personal Information: If your personally identifiable information changes (such as your email address), or if you no longer desire to use our services, you may correct, update or remove your personal data provided to us. This can be done at the member information page or by emailing our Customer Support at This e-mail address is being protected from spambots. You need JavaScript enabled to view it Notification of Changes If we decide to change our privacy statement, we will post those changes on our Homepage and in our newsletter so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we change the way we use your Personally Identifiable Information we will notify you by email or in our newsletter. If you would like to opt out of having your information used in this new manner, we will ask you to contact us within a month and your information will not be used. If you do not contact us within that month, we will assume that you consent to have your information used in this new manner. Contacting us If you have any questions about this privacy statement, the practices of this site, or your dealings with us, you can contact us on This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
