Terms And Conditions
Phonefinder (Pty) Ltd ("we, us, our”) is a lead generation company. Phonefinder connects its subscribers to deals and offers directly on their phones, making it easy and convenient to find the best and most relevant offers in a simple and convenient way. By subscribing to Phonefinder you agree to these terms and conditions and our Privacy Notice.
As a consented subscriber of Phonefinder, we will send you marketing material, or connect you with our 3rd Party Providers to keep you updated and informed about deals and offers in the cell phone, telecommunications, financial services, automotive, mobile subscription, loans, debt management, groceries, retail, charities, education, health, legal, lifestyle industries and much more. These offers constitute our “Services” will be brought to you directly via various communications channels such as our website, SMS, AVM, WhatsApp, telemarketing. By providing your details to Phonefinder, you consent to the processing and enhancement of your personal information, which may include your ID number as well as other relevant data points, in order to assist us in identifying the most suitable product for you."
‘3rd Party Provider’ means any one or more third party product or service providers that we will put in touch with you to offer you goods or services that you may be interested in.
You can choose to stop hearing from us at any stage, we will always provide you with that opportunity.
To Opt-out / or unsubscribe from our services please contact us at or check out our website for that unsubscribe button.
You may also register on the National Do Not Contact List which can be found at .
ACCEPTANCE OF PHONEFINDERS TERMS & CONDITIONS
As a subscriber and user of our services and / or visitor to our website you confirm that you have read and understood these Terms and Conditions and that you consent and agree to be bound by them. Should you not agree with our Terms and Conditions, please do not make use of our services.
We will make changes to our Terms and Conditions from time to time. It is your responsibility to ensure that you familiarize yourself with these changes. If you do not agree with the Terms and Conditions as it is reflected at the time of reading, please do not make use of our services.
The collection, use and sharing of your personal information is subject to our Privacy Notice, to be found .
HOW IT WORKS
When you submit your details on our website:
After browsing our website, you find a deal that looks interesting and decide to submit your details for someone to contact you about the deal advertised. You submit the details on the form on our website, agree to the Terms & Conditions, Privacy Policy, a credit check and click submit – now what happens?
In order for us to provide you with the best possible deal:
- You might have to undergo a credit scoring and/or credit vetting process; and
- We will also have to submit your details to a variety of 3rd Party Providers to make that perfect deal possible for you.
How does this process work?
There is certain information needed from you in order to ensure that we find you the best possible deal.
For your chosen deal and / or best deal suited for your purpose and pocket, the specific 3rd Party Provider might require a credit scoring and / or credit vetting process before they can see whether you qualify for that deal or not.
To ensure quality to you and our 3rd Party Providers, we will only pass your information on to our 3rd Party Providers that you voluntarily submit, where it is information that is needed to provide you with the best possible deal, and where you have agreed and consented to a credit check.
By submitting your information to be shared with 3rd Party Providers you acknowledge and agree to the fact that your information may be passed on to more than one 3rd Party Provider. This is to be able to provide you with the best possible option for that perfect deal.
Undergoing a credit check:
By agreeing to a credit check you consent to the process of being scored and / or vetted and that your information may be enriched with credit information by an accredited Credit Bureau. Your information will thereafter be passed on to a 3rd Party Provider in order to provide you with the best possible deal.
Should you not pass the credit vetting process with your preferred 3rd Party Provider(s), or you are not satisfied with the deal provided, your information will be shared with other 3rd Party Providers who may be able to assist you further in getting a possible deal you are interested in. These deals will be available to you based on what your credit score determines. It might not be what you selected initially and could be of a lower subscription value. This means you might also undergo more than one credit scoring and vetting process.
You acknowledge the fact that any credit scoring and vetting process may leave a footprint on your credit score. This will however be necessary to put you in contact with a 3rd Party Provider who may be able to assist you in getting you the deal you require.
Important note to our consumers:
Obtaining a cell phone, cellular products and / or services comes at a cost. This means this cost is being provided to you in the form of credit. Credit providers use your credit score to determine whether you qualify for a loan or credit and how much interest you should pay. Kindly note that any enquiries made about your credit score and further vetting process might leave a footprint on your credit score and might have a negative impact. Consumers can approach the National Credit Regulator for advice or assistance on any credit transaction falling under the National Credit Act. The National Credit Regulator can also assist consumers on issues related to credit bureau or credit information and debt counselling. Please visit .
When we bring you additional offers from 3rd Party Providers:
In addition to a specific deal that you have enquired about, as a subscriber of Phonefinder, we will send you marketing material or connect you with our 3rd Party Providers to keep you updated and informed about deals and offers in the cell phone, telecommunications, financial services, automotive, mobile subscription, loans, debt management, groceries, retail, charities, education, health, legal, lifestyle industries and much more. These offers will be brought to you directly via various communication channels such as our website, SMS, AVM, e-mail, WhatsApp and telemarketing.
By subscribing to Phonefinder, you agree and consent that we may transfer your data to 3rd Party Providers for the purpose of marketing relevant deals and offers to you through various social media and electronic communication channels, including but not limited to email, AVM, SMS, WhatsApp or telephone.
You will be able to opt-out at any stage, should you have any difficulties in this regard, please contact us at .
You may also register on the National Do Not Contact List which can be found at .
To enable our 3rd Party Provider to offer you relevant deals and offers that you might qualify for, it may be necessary for your data to undergo a credit check and go through the process of being scored and/or vetted and that your information may be enriched with credit information by an accredited Credit Bureau. You hereby consent to your information being processed by a 3rd Party Provider and/or Credit Bureau for this purpose.
You hereby consent to Phonefinder to access your credit record with credit bureaus for the purpose of ensuring we can bring you deals and specials that are relevant to you. We shall monitor your credit report for any changes that may have an impact on your risk profile or that may allow us to offer you additional products, manage your portfolio and improve our service delivery to you.
WHO WE WORK WITH?
Our aim is to connect you with the best possible deal, saving you time and money in the process.
We do not favour any brands and our 3rd Party Providers, are chosen to provide you with the best possible options for that perfect deal.
We put you in contact with these 3rd Party Providers (which is the service we provide) and do not provide the services or goods ourselves. You are responsible for deciding if you want to access them or make use of their goods / services. They have their own legal terms and privacy policies, and you may be giving others permission to use your information, so check to see what they do.
Except to the limited extent it may be required by applicable law, we are not responsible for these 3rd Party Providers or their sites. You agree that it remains your obligation to familiarise yourself with their terms and conditions and to comply with both them and these Terms.
Your use of 3rd Party Providers’ goods and/or services which you may link to or access through your use of the service may be subject to this Policy and/or the terms and conditions applicable to their own goods and/or services. You agree that it remains your obligation to familiarise yourself with their terms and conditions and to comply with both them and these Terms. In the event there is a conflict between these Terms and 3rd Party Providers’ terms and conditions, these Terms shall prevail to the extent of the conflict for the purposes of your service use.
Links to and from the service from and to these 3rd Party Providers’ services or websites does not constitute Phonefinder’s endorsement of their services or websites or their contents, nor does Phonefinder necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd Party Providers’ services or websites.
USE OF SITE
You may only use the website to browse the content and enter legitimate information. You cannot use the website for any other purposes, including but without limitation to, the entering of any false or fraudulent information. You may only use the website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of the website.
You hereby specifically represent and warrant that you understand the importance of ensuring that any and all information provided to and in favour of Phonefinder will be absolutely true and correct in every respect. Should you not provide true and accurate information you may not be assisted in obtaining a deal, as well as the fact that you make yourself guilty of fraud. You are aware of the importance as to the serious consequences if such information is not as represented and warranted.
The website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that deep linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws.
We may:
- modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
- change these terms and conditions from time to time with or without notice to you. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. You need to read our Terms and Conditions carefully and it remains your responsibility to ensure that you understand what you read. Should you have any questions or queries you are welcome to contact us at
We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time.
You will not be eligible for any compensation should your use of any part of the website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
MONITORING
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, or the removal of any materials from the website. We will in our sole discretion terminate our services where we see fit, due to misconduct and misuse of our website.
ELECTRONIC COMMUNICATIONS
By visiting our website or sending e-mails to us, you are communicating with us electronically. Your use of the website will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS or any other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws. All software used on the website is our property or that of our software suppliers and is protected by international intellectual property laws.
The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to us. Nothing contained on the website, except as expressly stated in these terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers, are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to our affiliates and us without our prior written consent.
WARRANTIES
We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, service materials, and/or products included on the website. You expressly agree that your use of this site is at your sole risk.
The pricing and deals as reflected on the site are supplied to us directly from the participating 3rd Party Providers and we cannot guarantee the accuracy thereof.
We will send your information (as voluntarily submitted by you through the online form) on to our 3rd Party Providers, but cannot guarantee the approval by them of you as a client nor can we guarantee the availability of any of the deals, prices or phones that are displayed on our site from our 3rd Party Providers. We cannot therefore be held liable for inaccurate content on our site as provided by them, including but not limited to, deals, prices and specific voice and data devices.
To the full extent permissible by applicable law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable in any way for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Neither we nor our directors, employees, officers, suppliers, or service providers make any representations or warranties of any kind including but not limited to express nor implied representations or warranties, as to the operation of the website or the information, content, materials or products included on the website. In no event shall we, our directors, employees, officers, or our suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the website, our services or these Terms and Conditions (howsoever arising, including but not limited to negligence). Our liability of and that of our directors, employees, officers, suppliers, or service providers to you or any third parties in any circumstance is limited to R5 000.00 (five thousand rand).
GENERAL
We grant you a limited license to access the website. This license does not permit any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our prior written consent.
DISCLAIMERS AND LIABILITY LIMITATION
The use of and reliance through our Service is entirely at your own risk. The service is provided "as is" and "as available". To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. "Losses" means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).
We will use reasonable endeavours to make the Service available to you and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the service (either in part or as a whole) for any reason whatever.
Phonefinder has no control over these 3rd Party Provider’s services or websites and you agree that we are not responsible for any content, information, goods or services available on or through any of their websites or for any losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any of their services or websites. You agree that where you access any of these 3rd Party Provider’s services or websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Party Providers, which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party Providers, including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
FORCE MAJEURE
Phonefinder will not be liable for failure to perform if the failure is attributable (wholly, partially or late), to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond Phonefinder’s reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.
GOVERNING LAW AND JURISDICTION
You irrevocably agree that the law of the Republic of South Africa shall govern the Service and these Terms.
Both parties agree to the jurisdiction of the Magistrates Court, Johannesburg South Africa even though the value of a claim which may be brought exceed the ordinary monetary jurisdiction of the Magistrates Court.
Should this not be possible by law, both parties agree to the jurisdiction of any other Magistrates court, alternatively the High Court, Johannesburg South Africa in respect of disputes which may arise out of your use of the Service and these Terms.
DOCUMENTS AND NOTICES
We choose the addresses and other contact details specified in our ECT Act Disclosures section below, for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
In these Terms, headings are for convenience only and we don't intend for them to be used to interpret these Terms.
If, in these Terms, we refer to a Party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then these Terms will also be applicable to and binding on that Party's liquidator or trustee, as the case may be.
Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in these Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a "day" are references to typical business days.
All annexures, addendums and amendments to these Terms form an integral part of these Terms and Conditions.
NOT PARTNERSHIP OR AGENCY
Nothing in these Terms will be deemed to constitute a partnership as between parties, nor constitute any party as an agent of the other party for any purpose whatsoever except as expressly provided for in these Terms.
SEVERABILITY AND ILLEGABILITY
If any of these provisions of these Terms is held to be invalid, illegal, contrary to the public policy or unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and enforceability of the remaining provisions will in no way be effected or impaired thereby and these Terms will remain and be of full force and effect.
Any provision in these Terms which is or may become illegal, invalid or unenforceable will not be effective to the extent of such prohibition or unenforceability and will be treated as pro non scripto (meaning as though it has not been written) and severed from the balance of these Terms, without invalidating the remaining provisions or affecting the validity or enforceability of such provisions.
ECT ACT DISCLOSURES
Access to the content on or through the service and the Website itself are classified as "electronic transactions" in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time ("ECT Act"), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
• Our full name and legal status: Phonefinder (Pty) Ltd
• Street address: The Piazza, Melrose Arch, 20, Melrose North, Johannesburg, 2196
• Postal address: The Piazza, Melrose Arch, 20, Melrose North, Johannesburg, 2196
• Physical address for receipt of legal service: The Piazza, Melrose Arch, 20, Melrose North, Johannesburg, 2196
• Main business: Comparison service for all mobile and data communication deals
• Website address: www.phonefinder.co.za
• Official email address: [email protected]
• Governing terms of use: These Terms and our Privacy Policy
• Costs associated with the access to and use of the service: There are no costs associated with accessing the Service
• Dispute resolution: No specific dispute resolution process
• Complaints process: If you have any complaints or would like more information please contact us at
