When we refer to NAKA, we refer to Naka AG, Switzerland, and other NAKA group companies (“NAKA”, “Naka Mobile”, “Naka AG”, “we” or “us”).
Please take time to review this policy carefully as it tells you how your personal information will be treated by us. In order to make unconditional use of the Mobee World (Pty) Ltd. Services, you must unconditionally agree to this policy.
Information We Collect
The term “personal information” refers to information that tells us specifically who you are, such as your name, company name, phone number, email address, postal address or payment information (e.g credit card holder information, bank account holder information).
Personal information is collected during your registration with Mobee World (Pty) Ltd. and is necessary to provide our products and services. No personal information is collected without your consent or prior to your registration. We may use information collected about you to protect our rights and to investigate and prevent fraud or other illegal activities and for any other purpose disclosed to you in connection with our Services.
We also automatically collect other non-personal information as you use our Services. While this information does not contain any personal data, it is still stored together with your registered account with us. This information includes:
Logged web data. As with most technology services offered over the internet, our servers automatically collect information when you access our Services and record it in log files. This log data may include your Internet Protocol (IP) address, address of web sites visited before using our Services, your browser type and settings, time and date and cookie data.
Your account activity. As part of our core service, a record of calls, data sessions, SMS and other consumed services, transactions and account activity is kept and stored for retrieval.
Device and location information. As part of our core service, information on your device (International Mobile Equipment Identity, IMEI), as well as an approximated location (network identity, GSM Cell ID and Location Area Code) is collected and stored, as a requirement for being able to use the Services.
Payment data. When making payments using our Services, we store partial data on the payment method in use, such as an account identifier or type of payment method in use.
Cookies are small files that make it easier for you to use our Services online. Your Internet browser receives these files automatically from our servers and saves these cookies on your computer. We use two types of cookies, so-called session cookies and permanent cookies. We send a session cookie to your computer when you visit our web services and is used to remember your visit on each page you visit, and in order to keep you logged in for the duration of your visit, if necessary. When you close your browser, this cookie is deleted and is no longer effective.
We also set a permanent cookie once you have logged in to your personal account, for the purpose of remembering your visit for a longer period of time.
You can set your browser so that it informs you when it accepts a cookie or so that it does not accept cookies. Please make sure that your browser settings allow cookies so that you can take advantage of all our services without any loss of quality.
Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services.
How is the Information We Collect Processed?
Information is collected solely for the purpose of being able to provide you with our Services; either due to actual technical requirements of the core product (such as collecting GSM networking data and web activity), or in order to provide you a personalised Service experience.
Email and correspondence
We may send you email directly related to the use of our Services, such as notifying you of payments or the status of your service. We may also send you email or other forms of correspondence that are intended to notify you of our new products, services, special offers or updates or improvements to our existing products and services. You have the right to “opt-out” and prohibit use of your personal information for direct marketing purposes. If you prefer not receive any such email correspondence or marketing information concerning our products and services, please contact us at email@example.com or click “unsubscribe” as instructed in any email from us.
The information that we collect from you via the Site and otherwise is an integral part of our business, and NAKA/MOBEEWORLD is not in the business of selling or renting your personal information to third parties.
Transferring information internationally
Operators and partners
As our core service depends on telecommunications services provided to us by various national mobile network operators, (collectively, the “Operators”), we may be required to share your personal information with them, in order to be able to provide you our Services, if the Operators have made the transmission of personal information a mandatory condition for granting service using their network. From time to time NAKA may also employ or engage other companies and individuals to perform services on our behalf.
Examples of this include sharing a copy of your identification document in order to receive a phone number from a country that requires registration of personal information for all prepaid and postpaid customers, provision of accounting, legal and financial services, fulfilling orders, shipping packages, sending postal mail, processing credit card payments and providing customer service. NAKA maintains ownership and control of the information so used.
Personal information is also shared with Mobee World (Pty) Ltd. in full.
Disclosure required by law
We may disclose personal and non-personal information collected about you with state institutions and authorities if (i) disclosure is necessary to comply with any applicable law or regulation; (ii) to enforce applicable terms and conditions or policies; (iii) to protect the security or integrity of our Services; and (iv) if we believe such disclosure is necessary to protect our rights.
Sale of business
We may pass your personal information to a third party as part of the reorganisation or a sale of the assets of NAKA. You acknowledge that any acquirer or successor of NAKA may continue to use your information as set forth in this policy.
Disclosure with your consent
Other than as described in the foregoing, you will receive prior notice from us in the event we propose to share your personal information with third parties, and you will have a reasonable opportunity to give us such explicit consent.
Your right to data access
GDPR affords EU data subjects with additional rights that are summarized below. We also extend these rights to all of our registered customers.
Right of Confirmation: You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed.
Right to Access Your Data: You can retrieve a copy of your personal data and information collected on you at any time online.
Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data or to limit use of it.
Amend Data: You can request the correction or update of personal data that we hold about you.
Right to Erasure (Right to be forgotten): You can at any time terminate your account with us, resulting an erasure of all your personal data.
Right to Individual Decision Making, Including Profiling: You have the right not to be subject to a decision based solely on an automated processing, including profiling.
Data Portability: You have the right to transmit the data to another controller without hindrance from NAKA.
In a case of objecting to our use of data, erasure of your data, or when withdrawing your consent, please note that we may no longer be able to provide you with the Services you have requested and may therefore terminate relevant agreements with you. In addition, we may be required to continue to hold your personal data to fulfil legal and regulatory obligations.
We reserve the right to reject or remove any information or content posted on our Site at our sole discretion.
We shall retain certain records of the information collected about you for a period of time as required by the law of Switzerland after termination of your account. Otherwise, we reserve the right to delete and destroy all of the information collected about you upon termination of your account unless you request otherwise.
Notwithstanding the above, you have the right to request the deletion of your data. Depending on the Services that we have provided to you, we may be required to hold certain data for as long as required to do so by the law of Switzerland, for legal purposes. We cannot continue to provide our Service to you if you request the deletion of your data.
You can request the deletion of your data as described above.
Notification of changes
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by sending an email to us at firstname.lastname@example.org.
POPI Act - South Africa
South Africa’s main data protection law, POPI, was enacted in 2013. Since then, certain provisions of the Act relating to the establishment of the Information Regulator and regulations under POPI have come into force. The full POPI Act will only take effect once a date has been determined by the President.
The conditions and principles of GDPR and POPI are in many ways the same. Both necessitate compliance with processing of personal data, the Regulator to be notified of a privacy breach and regulates which data can be sent cross-border.
In essence, if a company complies with GDPR, it will comply with POPI.
General Terms & Conditions
Mobee World (Pty) Ltd. is a sole distribution partner of Worldcom International Ltd. and NAKA Ltd., Worldcom’s technology provider for electronic communication services based in Switzerland. Below General Terms & Conditions are referring to NAKA’s General Terms & Conditions (www.nakamobile.com) as the technology provider.
Liability for content
The content of this website has been created with utmost care. However, Mobee World (Pty) Ltd. cannot guarantee the accuracy, completeness and up-to-dateness of the content. The responsibility and the risks connected with the use of the information contained in this website stays in full with the user. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Mobee World (Pty) Ltd. without separate announcement. Our service provider endeavours the uninterrupted availability of the service. Despite all due care and attention, downtimes cannot be precluded.
The utilisation of the website of Mobee World (Pty) Ltd. does not constitute any contractual relationship between the operator and the user. Thus, no contractual or other claim results against Mobee World (Pty) Ltd., its service provider or any of its subsidiaries.
Mobee World (Pty) Ltd. (hereinafter referred to as “MOBEEWORLD”) is the reseller of the Products and Services provided by Worldcom International Ltd.. / NAKA AG (hereinafter referred to as “THE SUPPLIER”) and Customer purchases such Products and Services under the conditions defined in these General Terms and Conditions (hereinafter referred to as the “GTCs”). Any pre-contractual and contractual relations between MOBEEWORLD/THE SUPPLIER and Customer will be governed by the present GTCs, unless and in as far as explicitly otherwise agreed in writing between parties concerned. Customer acknowledges that he has been informed of and agrees with the present GTCs. Any stipulations included in documents issued by Customer, which do not conform to the present GTCs, will not be applicable. Customer explicitly acknowledges that his general conditions will not apply to the present agreement between MOBEEWORLD/THE SUPPLIER and Customer. The term “Customer” used hereinafter shall duly refer to every such person.
2. Definition of THE SUPPLIER’s Services and Products
THE SUPPLIER is a high-quality national (Swiss) and international service provider in voice communications. THE SUPPLIER (and its subsidiaries) offer a unique convergent solution using mobile telecommunication and Internet. For purposes of these GTCs, the term «services» shall refer, jointly or alternatively, i) to the provision of mobile telecommunication services by THE SUPPLIER, ii) to THE SUPPLIER’s broadband phone services (hereinafter referred to as «VoIP»), iii) to all related software, such as, but not limited to, “MyAccount” as well as the reseller and community tools, allowing customer to monitor and operate THE SUPPLIER’s services. For purposes of these GTCs, the term «product», shall refer, jointly and alternatively, to the SIM cards and the recharges.
3. THE SUPPLIER’s Services
THE SUPPLIER gives the Customer, for the term of the Agreement, a non-transferable and non-exclusive right to use the Services as customer, according to the applicable Product Information and according to the existing network coverage. However, it is not possible to guarantee services that are completely free of interruption or interference, particularly not in cases of force majeure (avalanches, floods, war, unforeseeable orders by the authorities, electricity cuts, viruses, etc.). Details and conditions regarding the Services provided by THE SUPPLIER are contained in the specific Service and Product Description. Information on the national and international availability is obtainable at any time free of charge from THE SUPPLIER website. Information regarding the availability of services is always provided on a non-binding basis. The Customer acknowledges that THE SUPPLIER’s Services can only be supplied if all the contractual and technical conditions have been fulfilled. THE SUPPLIER is entitled to modify or cease its services at any time without giving prior notice thereof.
4. Customer’s general Obligations
Customer shall ensure to use and treat THE SUPPLIER’s products and services lawfully and in compliance with these GTC’s, with any other contractual documents duly integrated to the contract and with any recommendations Suppliers may from time to time duly issue and give due notice to Supplier.
The Customer is responsible for all use of his/her mobile line, including use by third parties. In particular, he/she is responsible for the payment of all charges arising in connection with use of the mobile line including goods and services ordered or obtained via his/her mobile line. PIN and PUK codes and any other security codes that may be assigned should be stored carefully and not be disclosed to a third party. The Customer is also advised to activate and periodically change the PIN codes.
Prices for all communication services provided can be found on www.urworldsim.com. Rates can be changed and adjusted to market conditions any time without giving prior notice thereof. All billing will be in EURO
6. Payment terms
Customer agrees to pay the prices for services and products upfront (pre-paid) in accordance with the then current price list.
In case of a post-paid contract, customer agrees to pay invoices within 7 (seven) days after receiving the invoice.>
7. Term and termination of the contract
For expiry terms of the SIM card please refer to paragraph 10 in case of a pre-paid contract. A post-paid contract shall run for an unlimited period of time. Such a contract may be terminated in writing by either party with 30 days’ notice. On termination of this agreement for any reason whatsoever:
Mobee World will not be required to refund to the subscriber any pre-payments which may have been made prior to the date of termination.
All outstanding balances shall be valid and shall require to be settled by the subscriber within 30 (thirty) days of the termination date of the agreement.
Mobee World shall be entitled to recover all bank charges and legal costs including all costs on the attorney and own client scale.
Mobee World shall be entitled to publish on the company web site and email that the subscriber has defaulted and has not paid their debt.
The transfer of the contract or any rights or obligations arising thereunder are subject to the written consent of both parties.
9. Fair Use Policy
SIM card rates and tariffs assume fair usage of the Services by the customer. This includes, but is not limited to maintaining a ratio of outbound chargeable calls to inbound calls of more than 20% on customer’s account. In the event of fair usage not being sustained, Mobee World reserves the right to review the rates and tariffs applied to customer’s account or to terminate the Services. Mobee World may rely on the Fair Use Policy where customer’s (i) ratio of outbound chargeable calls to inbound calls and/or (ii) usage of Mobee World Data Services is excessive or unreasonable, as defined below. In the case of Mobe World telephony services, a ratio of outbound chargeable calls to inbound calls of more than 20% in more than two consecutive months is excessive use. It is unreasonable use of Mobee World Services where customer’s use of Mobee World Services is reasonably considered by Mobee World to be fraudulent or to adversely affect the Mobee World network or other Mobee World customers’ use of or access to THE SUPPLIER’s Service or THE SUPPLIER’S network. Where customer is in breach of this Fair Use Policy, Mobee World may contact customer to discuss changing customer’s usage so that it conforms to this Fair Use Policy. If, after Mobee World has contacted customer, customer’s excessive or unreasonable use continues, Mobee World may, without further notice to customer suspend or limit the service (or any feature of it) for any period Mobee World thinks is reasonably necessary and/or terminate customer’s agreement with two weeks written notice.
10. SIM Card Expiry
Should the SIM card still not be activated six (6) months after delivery, the SIM card and the call value included therein shall expire and its related number invalidated, without any compensation payable to Customer. The moment when the SIM card is activated is the moment of the first incoming or outgoing call of a user. In the case Customer’s customer and End-users do not use the SIM Card or the call value components over a period of six (6) months, Mobee World reserves the right to deduct a charge of EUR 2.25* (subject to change) per month from the remaining credit balance of the account or phone number. With expiration of the credit the card shall be deactivated without prior notice. The phone number shall be lost without any compensation. No use shall be defined as no billable transaction per MSISDN over a period of six (6) months in THE SUPPLIER’s billing system for the SIM.
Mobee World is obliged to verify the identity of each and every user to which Mobee World is selling a SIM card, to keep complete records including first name, last name, complete address and identification documents i.e. passport photocopy and to provide this information upon request instantly. In case the legislation of the State of the place of usual business of Mobee World has implemented more stringent legislation, Mobee World shall comply with such.
12. Passing on Warranties and Disclaimers
Mobee World shall distribute and sell THE SUPPLIER’s Products and Services with warranties and disclaimers designated by THE SUPPLIER and will require all its sub distributors and dealers, as the case may be, to adhere to the same obligations.
- General Customer shall, at its own expense, comply with any governmental law, statute, ordinance, administrative order, rule or regulation applicable to the exercise and performance of its duties and obligations hereunder and under the other contractual documents and shall procure all licenses and authorizations and pay all fees and other charges required thereby.
- Data Protection Customer shall comply with, whichever guidelines THE SUPPLIER may stipulate in respect of, and with any applicable law as to the protection of data. In particular, Customer shall keep, save and operate only the data necessary to the proper performance of this Agreement, i.e. compliance with any laws and regulations, the proper service to Customer, the development of the quality of its services, the security of its service and of the infrastructure. All data gathered in the performance of this Agreement.
14. Usage of the Services
Customer agrees to use the provided services only for lawful usage. For further details regarding Usage of the Services please consult www.nakamobile.com for their detailed T&Cs.
Limited to these above-mentioned compliance obligations, Customer agrees:
- To indemnify, defend and hold Supplier, the directors, officers, stockholders, agents and employees of Supplier, harmless to the greatest extent possible under applicable law against any and all judgments, fines, penalties, amounts paid in settlement and any other amounts reasonably incurred or suffered by Supplier in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, arising from, in connection with or incidental to the performance of Services under this Agreement, including without limitation reasonable attorneys’ and advisers’ fee, costs and disbursements.
- Supplier shall, as a condition precedent to his or its right to be indemnified under this Agreement give Customer notice in writing as soon as practicable of any claim made against Supplier for which indemnification will or could be sought under this Agreement. In addition, Supplier shall give Customer such information and cooperation as it may reasonably require and as shall be within Supplier‘s power.
- In the event Customer shall be obligated to pay the expenses of any proceeding against Supplier, Customer, if appropriate, shall be entitled to (i) participate jointly with Supplier in the Supplier’s defence, settlement or other disposition of any interest related to the Indemnity Matter, (ii) to settle or otherwise dispose of such Indemnity Matter, on such terms as Customer shall deem appropriate, provided that Supplier can obtain a written release from the claiming third party and is not adversely affected in any other manner.
- The indemnification provided herein shall not be deemed exclusive of any rights to which Supplier or any other Indemnitee may be entitled under any applicable law or contractual disposition. The Indemnification provided under this Agreement shall continue as to Supplier and each other Indemnity for any action taken or not taken while Supplier was providing services even though Supplier may have ceased to provide services at the time of any action, suit, or other covered proceeding.
16. As to the Services
THE SUPPLIER endeavours to provide quality service to its customers but cannot guarantee the fault free working of the services and especially the fault free working of mobile networks. THE SUPPLIER is not liable for operators ceasing or terminating roaming, termination or interworking services. THE SUPPLIER will give best effort to restore and maintain these services. THE SUPPLIER reserves the right to perform maintenance activities as required for a variety of reasons and every effort will be made to minimise any adverse impact on service quality.
17. Specific conditions for provisioning VoIP Service
- General: The VoIP service is provided on a best efforts basis. Events beyond THE SUPPLIER’s control may affect the service, such as power outages, fluctuations in the internet, user’s underlying ISP or broadband service, or maintenance.
- Emergency numbers: VoIP service is not a telephone service and may not support specific calls, including but not limited to emergency numbers.
- Incompatibility: Due to its nature, VoIP service may not be compatible with non-voice communication equipment, including but not limited to, some home and office security systems that are set up to make automatic calls, fax machines. In addition, supplier does not warrant that the service will be compatible with all broadband services.
18. Liability for the Services
THE SUPPLIER’s liability under this agreement or in connection with its performance is expressively limited to the express provisions of this agreement and to the conditions set out in this article. THE SUPPLIER makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided in connection with or contemplated by the performance of the agreement. Except for gross negligence and intent, THE SUPPLIER shall not be liable to any User of the Services for any direct or indirect loss or damage (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this agreement. Under no circumstances shall THE SUPPLIER be liable for any indirect or consequential damages, including but not limited to damages that result from the Users’ use of or inability to access any part of the product or User’s reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. Absolutely no component of these General Terms and Conditions is aimed at excluding or limiting the liability of THE SUPPLIER for death or personal injury as result of intentional act or omission, or THE SUPPLIER. The liability of THE SUPPLIER, on any possible basis, towards the End User or towards others that claim liability, subject to the provisions in below articles, restricted to, at the choice of THE SUPPLIER, is: (i) reimbursement from direct loss to not more than the amount of the last monthly charges incurred by Customer for the Services, or (ii) having the Services provided once more at the expense of THE SUPPLIER.
19. Warranty and Liability for the Products by THE SUPPLIER
THE SUPPLIER’s products are warranted to be free from defects in materials and workmanship and to meet the applicable specifications when tested. THE FOREGOING IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. The liability of THE SUPPLIER under this warranty is limited solely in replacing, or repairing, or issuing credit for such products that are or become defective within 14 (fourteen) days after the date of the first use of the product. THE SUPPLIER will not be liable under this warranty unless (i) Supplier is promptly notified in writing by Customer upon discovery of defects, (ii) the return of the defective unit is received by Supplier for adjustment no later than 14 (fourteen) days following the date of first use, and (iii) Customer has duly complied with this Section and the Return process defined by Supplier (iv) Supplier‘s examination of such unit shall disclose, to its satisfaction, that such defects or failure have not been caused by misuse, neglect, improper installation, repair, alteration or accident. IN NO EVENT SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY KIND OF INDIRECT DAMAGE, SUCH AS BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFIT OR CLAIMS OF ANY THIRD PARTY BASED UPON A CLAIM FOR BREACH OF WARRANT.
20. Service Amendments
THE SUPPLIER and Mobee World may at any time modify parameters of its services to implement new technology and offer additional services or reduce the range of services offered.
21. Service Suspension
THE SUPPLIER may at any time immediately suspend all or part of the Services it provides until further notice without incurring any liability:
- if it is obliged to comply with an order, instruction or request of Government, or emergency services organisation, or other competent administrative authority;
- it needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time;
- in order to prevent damage or degradation of THE SUPPLIER’s contracting party’s network integrity which may be caused by whichever reason;
- for a violation of THE SUPPLIER’s acceptable use policy or for other behaviour that in THE SUPPLIER’s reasonable discretion may be deemed to be illegal;
- in order to protect THE SUPPLIER, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by Customer; or
- in case of notifications or signs of fraud or abuse of service
- Modifications: Mobee World reserves the right to change the GTCs and other contractual provisions at any time.
- Entirety: The Agreement supersedes any and all other agreements, oral or written, between the Parties with respect to the subject matter hereof.
23. Governing Law and Competent Jurisdiction
This contractual relationship shall be subject to the application of the Substantive Swiss Law, excluding the Vienna Convention on Contracts for the International Sale of Goods, dated April 11, 1980. The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Zurich, Switzerland subject to mandatory places of jurisdiction under federal law.
Furthermore, THE SUPPLIER’s General Terms & Conditions (www.nakamobile.com) apply where more details are provided or where paragraphs deviate from this content.