This Agreement is entered into between Foschini Retail Group (Pty) Ltd (“TFG”) and you and sets out the terms of the supply of the Services from us to you.
You have agreed to let us provide you with the Services, on certain terms and conditions (“the Terms”). This document records the Terms of the supply of the Services to you.
The terms and conditions agreed to telephonically with you and these Terms constitute the entire agreement between us (“the Agreement”), regarding the provision of the Services to you.
We have defined some of the words with particular meanings in clause 11 of these Terms. If there are any words or Terms which you have difficulty understanding, please contact our customer service department, whose details are provided in clause 10.
Duration and Termination
We will provide you with the Services from the conclusion of the Agreement telephonically, until such time as the Agreement is terminated by you or us.
Either you or we may, for any reason, terminate the Agreement by giving the other written notice as set out in the Agreement. Any notice by you to terminate the Agreement must be sent to us at the address in clause 10.
TFG may terminate the Agreement with immediate effect and without notice to you in the event that our partners and/or Service Providers cease to provide the platform to enable us to provide the Services to you.
These Terms govern the use of the TFG data services (“the Services”).
By contracting with TFG for the Services you agree to be bound by these Terms.
It is your responsibility to ensure that you have an active post-paid or top-up contract with your relevant Service Provider in order to use the Services. If you have a one2one package, certain restrictions may apply. See clause 4.7 below.
You will have access to the Services, for as long as you pay your Package Fee, and as communicated to you telephonically.
Delivery of data to your device is dependent on signal availability and demand for data services in any particular area. TFG does not warrant or guarantee Network coverage for any specific areas. Please consult the Service Provider’s coverage map(s) for details of Network coverage. TFG accepts no liability should the aforementioned map(s) differ to actual Network coverage experienced.
You must be aware of which APN you are using for your data as TFG will not be liable for any data costs consumed or generated by you through your default APN with your Service Provider.
Data will be allocated on activation of the Package by the Service Provider. Data will not be pro-rated in the calendar month of activation, you will be allocated the full data for your Package regardless of the date of activation, e.g., if you choose the 250MB Package on 16 February, and the Package is activated on 18 February, the full 250MB will be allocated to you on 18 February. You will not be billed for your first data allocation. Billing will commence from the second data allocation.
Unused data at the end of a calendar month will not be rolled-over into the following calendar month and will be forfeited.
If you consume your full monthly data allocation you will be hard-capped, which means that no further access will be provided to the Network for the remainder of that calendar month. You can purchase additional once-off bundles directly from prepaid data resellers such as supermarkets and Service Providers in the event that you need more data.
Package migrations: Package migrations (i.e. changing between Package types) may be requested at any time, but will only be effective from the first day of the month following the request, and notice must be received by us no later than the 25th of the month to ensure that the migration will be effective on the 1st of the following month. E.g., if you wish to migrate from a 250MB Package in March to a 500MB Package in April, notice must be received by us by no later than 25 March in order for the migration to be effective from 1 April.
Package cancellation: Packages can be cancelled at any time. In order for cancellation to be effective at the end of the month, notification of cancellation must be received by us no later than the 25th of that month, e.g. a cancellation request received on or before 25 March will be effective at the end of March and you will receive no further data from 1 April. A cancellation request received on or after 26 March will only be effective on 30 April. You will therefore receive your last data allocation on 1 April.
The Services are provided through our service partner Mobius Mobile Telecommunications (Pty) Ltd (“Mobius”). When accessing the Services you will also be subject to the network terms and conditions of Mobius and the Service Provider.
As the Services are provided by a third party, we cannot and do not guarantee that the Services will always be fault-free. The Services can be affected by factors outside of our control.
Payment for the Services
You have agreed to pay the Package Fee for the Services.
You agree that the Package Fee will be debited to your TFG account as per the terms and conditions for TFG’s store cards (“Credit T&Cs”), which Credit T&Cs are incorporated as part of this Agreement.
Your TFG account will be debited monthly in arrears for the duration of this Agreement. The Package Fee will be a part of the full instalment due on your TFG account each month. You will not be billed for your first data allocation. Billing will commence from the second data allocation
You must pay the full Package Fee shown on your monthly TFG account whether or not you have used the Services during any particular month.
If, on the 25th day of a month, your TFG account is in arrears with 2 (two) full instalment payments, your Package will be suspended from the first day of the following month (“Date of Suspension”) and you will not receive your data allocation for that month.
If you subsequently make a qualifying payment on your TFG account by the 25th day of the following month, which results in your TFG account being only 1 (one) or less full instalments in arrears, then the suspension on your Package will be lifted and you will receive your data allocation again on the first day of the following month.
If you have an one2one package and have purchased the Package as an addition to your one2one package, in the event that your one2one SIM has been soft locked as per the one2one terms and conditions, then the Services will also be suspended during the time that your one2one package is suspended.
You will not be charged the monthly Package Fee while your Package is suspended.
If your TFG account is 5 (five) full instalments in arrears, your Package will be deactivated without notice to you.
In the event of any discrepancy between a provision of this Agreement and a provision of the Credit T&C’s, the provisions of the Credit T&C’s will prevail insofar as any such provision relates to the debiting or payment of the Package Fee on your TFG account, or the provision of credit facilities or the processing of consumer credit information. In all other respects, the activation and use of a Package will be subject to these Terms.
We reserve the right to change the Package fee with 30 (thirty) days notice.
The Package Fees are available on our website as per clause 11.9 or can be obtained from Customer Services.
If you apply to go under debt review, in terms of the National Credit Act 34 of 2005, your Package will be cancelled.
Indemnity and Waiver
You indemnify us, our employees and agents against any loss or damage which any person (including ourselves) may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.
Limitation of Liability
The following clauses contain assumptions of risk and / or liability by you and limit and exclude liabilities, obligations and legal responsibilities which we, Mobius and the Service Providers may have towards you and other persons. These clauses also limit and exclude your rights and remedies against us, Mobius and the Service Providers and place various risks, liabilities, obligations and legal responsibilities on you. These clauses may result in you being responsible for paying increases or additional costs and amounts and we may also have claims and other rights against you.
Your ability to use a mobile device for browsing the internet or receiving messages depends on your mobile device and SIM card being in good working order, as well as the Network that you use. If you use your mobile device or SIM Card to connect to the internet, you might become exposed to computer viruses and other risks, including people trying to hack into your information, listen to your calls, intercept your messages, or obtain your passwords and your identity details in order to commit theft or fraud. You agree that we will not be responsible or liable or have to pay you any compensation should any of these things occur, and it is your own responsibility to take to the necessary steps to protect yourself against all of these sorts of risks. We cannot, and do not, guarantee that other people or websites will not be able to determine your personal details or your internet protocol address (the address given to your internet device when you connect to the internet).
We cannot and do not guarantee that your mobile device, your SIM Card or any telecommunications network will always work perfectly or at all. You agree that we will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect or consequential) if the Network services are interrupted, suspended or cancelled for whatever reason.
We give no guarantees, promises, warranties or conditions, whether expressed using words or implied or suggested regarding the Services.
We do not promise that the Services we provide will be useful for any particular purpose or reason even where you tell us what you want to use the Services for and we won’t be responsible for any failures by Mobius, the Networks or anything done by the Service Providers, their employees or contractors.
Except for where we act in a grossly negligent manner, you agree that the most compensation you can ever receive from us for any reason whatsoever is a refund of all money paid by you to us in terms of this Agreement and that you will have no right to any further compensation under any circumstances.
We cannot be held responsible for anything that goes wrong or for our not performing any of our obligations or for any loss or harm you suffer if it is caused or results, in whole or in part, because of anything beyond our reasonable control (which includes acts of god, acts of parliament, government or administration authority, strikes, lockouts, riots, acts of war, acts of terrorism or unrest, earthquake, lightning, rain, flood, fire or explosion, interruption to power supplies, interruption to telecommunications services or any other thing outside of our control).
In the event that you breach the Agreement we have the right to enforce or terminate the Agreement.
If we terminate this Agreement due to your breach, you will still remain liable for your obligations to us, and we may still claim all amounts owed by you or commence with a claim for damages against you.
Cession and Assignment
We may elect to cede, assign, transfer, delegate and make over any or all of our rights and obligations in terms of this Agreement to any other companies within TFG or to any other person. You may not cede, assign, transfer, delegate or make over any of your rights and obligations to any other person.
A written notice actually received by you will be adequate written notice.
You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
If the Agreement arose through direct marketing, you may terminate the Agreement, in writing, within 5 (five) Business Days after the date on which the Agreement was concluded.
This Agreement supersedes and replaces any other agreement, whether written or verbal, between you and us, with regard to the Package selected by you.
Unless stated otherwise, all Package Fees are inclusive of Value Added Tax (“VAT”) and any other applicable tax or duty.
We may change the terms of your Package as a result of changes in taxes, laws, regulations, terms of the license issued to Mobius and/or the Service Provider, terms of any contract between Mobius and the Service Provider and any other telecommunications service provider, or in any similar circumstances.
We may monitor and record all phone calls and other interactions with you.
We may amend or replace these Terms at any time and you will be bound to any changes made, and in such an event, a new agreement will not automatically come into being between us.
This Agreement is the whole agreement between you and us in relation to its subject matter. No other representations, warranties, promises or statements have been made by us or any dealer or so-called agent/s of us other than those expressly set out in this Agreement.
No leniency or extension of time that we may show to you from time to time, will in any way prejudice us or prevent us from exercising any of our rights or be regarded as a waiver of any of our rights.
You agree and consent in terms of Section 45 of the Magistrate's Court Act, No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court in relation to any court proceedings instituted against you relating to this Agreement. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.
You give us permission to make known your name, address, and personal details to any person, whenever it is reasonably necessary for us to perform our functions properly or protect our interests, or to enable the Service Provider to provide emergency Network Services to you, or directory or repair services and information to Network users generally, or when that information has been requested by any official regulatory or legislative body or is required in terms of any law or Court proceedings. Apart from the aforegoing, we will protect the confidentiality of your information as required by any law.
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, you agree to our, Mobius and the Service Providers’ right to log, record, intercept, block, filter read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act ) sent using the Network.
You choose the fixed address set out in your TFG account application, or any address that you advised us of at a later date, as the address at which you will accept notices or court documents (your “domicilium citandi et executandi" address) relating to this Agreement. We choose the address set forth in clause 10.1.4 as our domicilium citandi et executandi address.
You or us may give any notice to each other:-
by hand or by email during normal business hours of TFG, at the receiving person’s domicilium address. Unless the opposite is proved, an email will be presumed to have been received 48 (forty-eight) hours after the time that it was sent. A hand delivered notice will be presumed to have been received at the time of delivery; or
by prepaid registered post from an address in South Africa to the receiving person’s postal address for the time being and such notice will be presumed to have been received by the addressee on the 7th (seventh) day after the date of posting. You must make sure that you keep proof that you sent the notice.
You may not give any written notice to us by SMS but we may give you written notice by SMS.
Notwithstanding anything to the contrary contained in this Agreement, any notice given by TFG to you that is actually received by you shall be adequate notice to you unless otherwise required by any provision of this Agreement.
If you have any service problems or compliments please contact us as follows:
Postal Address: TFGdata, TFG, PO Box 6020, Parow East, 7501
Physical Address: TFGdata, Parow Centre, 2nd Floor, Cnr Voortrekker and De La Rey Roads, Parow, 7500.
"APN” means the Access Point Name which is a gateway between a GSM, GPRS, 3G or 4G mobile network and another computer network which must be configured in a mobile device to make a data connection with the Network;
"Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
"Network" means the public land mobile network cellular telephony system operated by the Service Provider(s) in South Africa;
"Package" means the monthly data TFG data bundle chosen by you as set out on the Website e.g. 500MB or 1GB Package;
"Package Fee" means the monthly subscription payable by you for the Services;
"Services" means the provision by our business partner, Mobius of your Packages on the Network via the Service Provider(s);
"the Service Provider" means MTN or further Network providers, as added from time to time;
"we", "us" and "our" means TFG, its affiliates, subsidiaries or its successors-in-title;
"you" and/or "your" means you the customer who applies for and receives the Services.
Any reference in this Agreement to the singular includes the plural and vice versa. Any reference to natural persons includes juristic persons and vice versa.
The contra proferentem rule of interpretation is expressly excluded from this Agreement and no provision herein shall be construed or interpreted to the disadvantage of any party by reason of such party having been deemed to have structured, drafted, requested or introduced such provision.
Please enter your registered TFGData mobile number in the field below