DEVICE TERMS & CONDITIONS
(To be read with the preamble hereto)
1. Entering into this Agreement.
1.1 This Agreement records the terms and conditions of the use of the Product to you conditional upon your purchase of airtime from us in accordance with our subscriber agreement. (We have defined some of the words which have particular meanings in clause 14 of this Agreement).
1.2 When you sign this Agreement, you will be confirming your offer to use the Product on the terms and conditions of this Agreement.
2. Use.
When you sign this Agreement, you will be confirming your offer to use the Product on the terms and conditions of this Agreement.
Upon acceptance of your request, we will deliver the Product to you. Our acceptance in this way will result in a binding agreement of use.
3. Replacement price applicable in the event of cancellation or non-payment
3.1 The replacement price payable by you for the product is the amount of R1,899 (one thousand eight hundred and ninety nine rand only).
3.2 You shall pay all amounts due under this Agreement by way of an EFT or one off direct debit for total amount due. If the nominated payment date falls on a weekend or public holiday, payment will go off on the last business day before the weekend or public holiday. If there are insufficient funds in your bank account to meet the amount due, you hereby authorise us to track your bank account and re-present the debit order instruction for payment as soon as sufficient funds are available in your account.
3.3 Our obligations to you are limited to the delivery to you of the Product and the facilitation of warranty claims under clause 7 and accordingly you will be liable to pay the amounts stated in this Agreement.
4. Ownership and risk.
4.1 We retain ownership of the Product, until it has been paid for in full should you choose to purchase the product in terms of clause 3.
4.2 Risk in the Product will vest in you from the date upon which you receive the Product from us.
4.3 You will be liable to pay me&you the replacement value of the Product at the time, in the event of loss or theft thereof.
5. Failure to pay in terms of your subscription agreement.
5.1 If you do not timeously pay any amount due by you under your subscription agreement, then the entire Product replacement price will immediately become due owing and payable.
5.2 If you do not timeously pay any amount due by you, then the entire Product replacement price will immediately become owing and payable. Clause 6.2 may commence.
6. Breach.
6.1 In the event that you breach a provision of this Agreement and remain in breach after 7 days’ notice to remedy the breach, then, in addition to the right in clause 5, we have the right to:
6.1.1 enforce this Agreement; and/or
6.1.2 terminate this Agreement; and in either case
6.1.3 claim from you damages which we suffer.
6.2 In the event that we must launch legal proceedings against you as a result of your breach, you will be liable for the charges including tracing agent fees and legal fees on an attorney and client scale.
7. Warranty.
7.1 Save for the warranty given in clause 7.2, no other warranties are given.
7.2 For a period of 12 months from the date of use, provided that the Product is utilised and looked after as required by the manufacturers’ recommendations (and subject to the provisions of this Agreement), we will for that period facilitate any warranty provided by the manufacturer of the Product provided to you by This does not cover the battery or accessories. This warranty will not be valid in the case of water damage (including damage due to humidity or perspiration), ordinary wear and tear and damage resulting from your negligence and/or abuse including, but not limited to, the affixing, attaching or embedding with any other item.
7.3 If Product supplied becomes defective the manufacturer’s process will be followed:
7.3.1 You must return the Product to me&you as per manufacturer’s instruction
7.3.2 me&you will have the Product repaired or replaced at its instance
7.4 me&you reserves the right to replace the Product with refurbished Product.
8. Information and disclosure.
8.1 In entering into this Agreement with you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, we will hold that information as our own and will be entitled to disclose it to such third parties in order to provide the Product .
8.2 You warrant and guarantee that all information supplied to us is true and correct.
8.3 Should your address, or any other information which you have given to us, change you must inform us of the change immediately.
9. Communications.
9.1 You agree that we may send you communications, relating to amongst other things, information about your statement, and other services and products. You may opt out should you no longer wish to receive such communication, but we will still require to send your statement to you.
10. Exclusions.
10.1 To the extent permitted by law, we exclude and you waive all liability to you and anyone else for any non-installation, direct, indirect or consequential loss, costs, expenses or damage, whether in common law, in terms of statute or otherwise arising directly or indirectly from this Agreement.
11. Indemnity and waiver.
11.1 You indemnify us against any loss or damage which any person (including ourselves) may suffer arising directly or indirectly from you breaching your obligations under this Agreement.
11.2 We rely on third party providers to supply and deliver the Product. You agree not to hold any of our third party providers (to the extent permitted by law) liable for damages, losses, costs or expenses, whether direct, indirect or consequential arising from or in connection with any act, omission, neglect or default of a third party provider, or us where this is a result of the third party provider’s action or omission, neglect or default.
12. Termination.
12.1 You may terminate this Agreement at any time during any month and the following provisions shall apply:
12.2 12.1.1 The SIM card will remain active until end of month in which termination was requested
12.1.2 You will receive an invoice for the replacement value of the Product;
12.1.3 You must return the Products within 30 days of cancellation request
12.1.4 Once the Product has been assessed, and if determined to be in good wording order, a credit will be processed for the replacement price and R150 (one hundred and fifty rand) admin fee will be deducted from the credit due to you. If the product is return without the packaging or accessories, a credit will be processed for the replacement price and R350 (three hundred and fifty rand) admin fee will be deducted from the credit due to you
12.4 If you do not return the Product or it is returned damaged, you will be liable for the full replacement value of the Product.
12.5 In the event that you become provisionally sequestrated or a liquidator or receiver or any other administrator is appointed to your business or assets, or an application for this is made, or if you enter into any arrangement or composition with your creditors including any act of insolvency as this term is defined in South African law, or if a resolution is passed to wind up your business, the whole outstanding balance of the purchase price will become due owing and payable.
13. General.
13.1 Any concession or extra time we allow you doesn’t affect our rights under this Agreement.
13.2 You agree that this Agreement will be interpreted and governed according to the laws of South Africa.
13.3 You choose the personal address for yourself set forth in the voice recording mandate of this Agreement where you will accept service of all notices and court process from us.
13.4 You consent to the non-exclusive jurisdiction of the Magistrates Court in the event that we must launch legal proceedings against you.
13.5 Notwithstanding anything to the contrary, a written notice send to you will be adequate written notice.
13.6 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.
13.7 You release us and each of our officers, agents and advisors from all claims, actions, and demands of any kind (including carelessness) arising from our relationship in terms of this Agreement and from discussions leading to it.
13.8 If any term of this Agreement 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.
13.9 Until you have paid for it in full, you cannot transfer your Product to anyone else without our consent. Nor may you, transfer, cede or assign any of your rights and responsibilities under this Agreement. We can transfer, cede or assign any of our rights and obligations at any time.
13.10 If we have concluded this Agreement with you through direct marketing you may terminate the Agreement, in writing, within 5 Business Days’ after the later of the date on which the Agreement was concluded or on which the Product was delivered to you. In the event that you choose to terminate this Agreement as contemplated in this clause, the Product must be returned to the address as specified from time to time on our Website.
14. Definitions.
14.1 “this Agreement” means this agreement, once signed by you and accepted by us, the acceptance being in a manner which we deem appropriate from time to time;
14.2 “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;
14.3 “Product” means any one or more, as the context requires, of a wifi router, mobile device; Wifi Extenders and/or any paraphernalia which you purchase from us and as set forth in the order confirmation;
14.4 “we”, “us” and “our” means me and you mobile (Proprietary) Limited trading as OnAir, its affiliates, subsidiaries or its successors-in-title; “Website” means www.meandyoumobile.co.za; and “you” and/or “your” means you the customer who applies for and receives our Product.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability. Please pay special attention to these clauses. By signing this Agreement where indicated below, you in addition to accepting all the terms of this Agreement, also specifically signify that you understand the bold clauses and accept them.
