SIMcontrol

SIM Manager Terms & Conditions

Definitions

In this Agreement, unless inconsistent with or otherwise indicated by the context –

“Agreement” refers to these Terms and Conditions;
“Applicable laws” refers Laws of Tanzania applicable in the provision of services in this Agreement
“API” refers to application programming interface;
“Vodacom” refers to Vodacom , depending on the territory from which the Service is accessed; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;
“Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as Confidential Information, including in other jurisdictions that grant similar rights;
“TCRA” refers to the Tanzania Communications Regulatory Authority
“Service” refers to the services that we provide through our Sites, including our Sites itself, API’s, as well as physical services such as technical support, SIM card supply or any other service offered by us;
“Site” or “Sites” refers to our website or websites, being www.vodacom.co.tz, https://simmanager.vodacom.co.tz/ or any other site through which we provide our services;
“User” refers to anyone who uses our Service, including purchasers of our goods and general visitors to our Site;
“You” or “Customer” refers to you, the person who is entering into this Agreement with Vodacom.

Use of the Services

Customers are prohibited to attempt any violations to the security of Vodacom including, but not limited to an attempt to interfere with the host or network by submitting a virus to the Site, overloading or spamming, forging of TCP/IP packet header or any part of the header information in any email or newsgroup posting or by accessing information not intended for such Customer or logging into a server or account which the Customer is not authorized to access.

Our Copyright

All content, trademarks and data on the Sites, including but not limited to text, graphics, icons, links, private information and designs, are the property of or under license of Vodacom. As such they are protected by local and international legislation and agreements.

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without obtaining our prior written permission.

Trademarks

“Vodacom” and “SIMmanager” are trademarks used by Vodacom to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. In addition, you agree not to copy the look and feel of our Site or its design, without our prior written consent.

Intellectual Property Rights

All Intellectual Property Rights in the Sites, Services, processes, manuals, and other documentation connected with the Services and/or to Vodacom shall remain at all times the property of Vodacom. Unless specifically authorised in this Agreement or in writing by Vodacom and then only to the extent so authorised, the Customer shall have no right to use Vodacom’s Intellectual Property in any manner whatsoever.

Service

Vodacom offers the following Services to its Customers:–

Monitoring: Vodacom will manage SIM cards on your behalf. SIM balance monitoring and scheduled and ad-hoc recharge services are available on Vodacom mobile network. By loading a SIM onto the SIMmanager platform, you give permission to Vodacom to access the SIM and related information as supplied by Vodacom.
Recharging: Vodacom will recharge SIM cards as per your defined recharge rules, API request, recharge instructions via the website or on specific request. Vodacom will use the recharge rules defined by the Customer when determining whether to recharge a SIM. All recharges will be billed against your pre-funded account or post payment account.
Reporting: Vodacom will attempt to alert you via our Site, email or by other means of any failed recharge, recharge not completed because of a business rule failing or when the Customer’s account is depleted. It is the Customer’s responsibility to keep his account in a positive balance. Account balance and spend breakdown may be monitored at any time by the Customer using the SIMmanager Site. Vodacom can provide the Customer with an invoice, statement and usage report, detailing all recharges that have taken place on request.
SIM Card Supply: Vodacom may supply you with SIM cards, if requested. . SIMs may be pre-activated by Vodacom and settings changed as requested by the Customer. The default position is that SIMs are supplied already activated on the network. It is the Customer and not Vodacom’s responsibility to acquaint themselves and understand network conditions and rules, such as SIM expiry, APN limitations, airtime and data expiry and all other network-related conditions of service.
SIM Card Registration: It is the Customer’s responsibility to ensure SIMs are registered to comply with current legislation. Vodacom can, on your request, assist with registration of SIMs in Your or your company’s name. It remains your responsibility to comply with all laws or other relevant KYC legislation as well as to comply with any SIM de-registration requirements. .
Support: Vodacom will provide you with reasonable first-line support via telephone, e-mail or Vodacom’s customer care operations during normal business hours in Tanzania. Vodacom will try and assist with support matters pertaining to the mobile networks themselves, but ultimately may refer the Customer to deal with networks directly on specific matters. The Site and support services are offered on a best-effort basis.

Personal Information

Vodacom is a responsible party for purposes of the processing of Personal Information in the course of rendering the Service, as provided for by the Applicable laws.
Vodacom takes all reasonable steps to protect the Personal Information of the User.
Vodacom collects Personal Information from the User when the User voluntarily provides such information when the User registers for access to the Service, which includes the User: (i) name; (ii) surname; (iii) email address; (iv) telephone number; (v) region or province and country where the User lives; and (vi) any other Personal Information which the User provides to Vodacom in connection with the Service.
When the User interacts with Vodacom through the Service, Vodacom also receives and stores certain information which does not identify the User personally. Such information is collected passively using various technologies.
Vodacom is not in the business of selling the User’s Personal Information. Vodacom considers this information to be a vital part of its relationship with the User. There are, however, certain circumstances in which Vodacom may share the User’s Personal Information with certain third parties, as set out below:
Business Transfers: As Vodacom develops our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.
Related Companies: If required to comply with this Privacy Policy, Vodacom may also share the User’s Personal Information with Vodacom Related Companies.
Agents, Consultants and Related Third Parties: Vodacom, like many businesses, sometimes hires other companies to perform certain business-related functions. When Vodacom employs another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and under the same standards and protections as in this privacy policy.
Legal Requirements: Vodacom may disclose the User’s Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Vodacom, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Aggregated Personal Information: In an ongoing effort to better understand and serve the Users of the Services, Vodacom conducts research on its user demographics, interests and behavior based on the Personal Information and other information provided to us. This research will be compiled and analyzed on an aggregate basis, and Vodacom may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify the User personally. Vodacom may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes in fulfilment of this Privacy Policy.
Marketing and Advertising: Vodacom and its affiliates may use Personal Information to send the User regular email newsletters, keeping the User informed of specials and offers. If we do so, each communication we send to the User will contain instructions permitting the User to "opt-out" of receiving future communications.
To keep the User’s Personal Information accurate, current, and complete, the User is requested to contact us. We will take reasonable steps to update or correct Personal Information in our possession that the User has previously submitted via the Services.

Warranties and Limitations of Liability

Vodacom warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.
The Customer acknowledges and agrees that the service quality, coverage and availability of the Services shall be limited to that provided by the System and the Services may, from time to time, be adversely affected by physical features such as buildings and underpass as well as atmospheric conditions and other causes of interference and that it shall not hold Vodacom liable for the non-availability of the Services or any alleged inadequacy of the quality thereof due to this.
Vodacom shall not be liable for any indirect or consequential loss or damages, including without limitation, loss of business, data, profits, revenue or anticipated savings howsoever arising, suffered by the Customer or any third party and arising in any way in connection with the Service or this Agreement or the termination of this Agreement or for any liability of the Customer to any third party.
Vodacom provides no warranty that the Services generally available through its Site shall remain uninterrupted or error-free or that defects in the Service will be corrected.
Vodacom does not warrant that the Service will meet your requirements and, for this purpose, it is specifically recorded that the Service is provided "as is" and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.
Vodacom furthermore does not guarantee that all files made available for download through the Service or delivered via email will be free of infection or viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties. Customers are solely responsible for ensuring that sufficient measures are in place to offer relevant protection.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of such a claim, we may elect to settle with the party/parties instituting the claim, and you shall be liable for the damages as though we had proceeded to trial.

Jurisdiction

Users’ use of the Sites and Services is solely at users’ own risk and subject to all laws of Tanzania. Should Users outside of this jurisdiction access the Sites and Services, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

Dispute resolution

In the event of any dispute or difference arising between the parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to the Tanzanian courts of competent jurisdiction.

Force Majeure

The Customer agrees that Vodacom will not be responsible for fulfilling its obligations in terms of this Agreement, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, mobile network downtime or technical issues, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Vodacom shall have the sole right to elect which provision remains in force.

Non-Waiver

No indulgence, leniency or extension of time which Vodacom may give or allow to the Customer in respect of the performance of any obligation hereunder, shall in any way prejudice Vodacom or precludes Flickswich from exercising any of its rights an enforcing the obligations of the Customer in terms of this Agreement.

Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may, however, assign our rights and/or obligations under this Agreement to any other party at our discretion.

E-mail and other Communications

Should you complete a form and e-mail it to Vodacom or complete an online form and submit it, Vodacom will use this information in the normal course of business for the products, services and support you request. The submission of this information to Vodacom is given with your express permission and willingness for the product, service or support.

Waiver and Variation

These terms and conditions shall be for the benefit of Vodacom and may be waived by Vodacom in its discretion. We reserve the right to alter or revise these terms and conditions. Such changes will be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.