Vodacom Video Play Terms and Conditions and Licence Agreement

STANDARD TERMS & CONDITIONS:


The application allows you, the customer, to discover and tag videos within the application that can be downloaded onto your mobile device during off peak hours (00:00 – 05:00) for offline viewing (“the Service”).

• To use or have access to the Service, you must be an active Vodacom subscriber and you must download the Vodacom
   Video Play application from your app store. Use of the Service is handset specific and requires free device memory.
   Click here to check if your device is compatible.

• You must purchase a Video Play Bundle (“the Bundle”) in order to use the Service.

•  You may purchase the Bundle from within the Video Play application. 

•  The Bundle may only be used with the Vodacom Video Play application and cannot be used with any other application or
    service. 

•  All Bundles will expire 30 days from the date of purchase.

•  If you cancel your Bundle after it has been billed for the 30 day period, you do not qualify for any refund.

•  When using the Service you will not pay for the cost of the content nor the data, up to the Bundle limit. 

•  We may give you a free trial subscription which will grant you access to the Service either for  thirty (30) days or one (1)
   for free from the date of activation; thereafter the subscription Service will continue on a weekly or monthly subscription
   price per month recurring.

•  You may download as many videos as you like, within the Bundle limit. The purchased Bundles can only be used to
    download videos inside the Vodacom Video Play application.

•  A video minute or video second refers to the viewing time of the video i.e. if the video is 1 minute and 2 seconds long, this
    is the time that will be deducted from the Bundle balance.

•   As you tag videos for download, the length of the video is deducted, in seconds, from your Bundle. Should any tagged
    videos be cancelled before download, any video seconds deducted when the video was tagged shall be returned to your
    Bundle.

•  You can check your Bundle usage and balance in the Video Play application.

•  The Service may require occasional updates and may continue to change over time as we develop and add more
    features. We may ask you to accept updates and in order to continue receiving the most up-to-date functionality you will
    need to download these updates. 

•  If you experience any issues please contact Customer Care on 082135.

•  This Service is for personal use only and not for commercial use. All the videos are owned by the respective copyright
    owners and by downloading them, you do not obtain any right to share the videos with other users peer-to-peer,
    broadcast or other means. 

•   Some of the content is subject to time-based rights and regulations imposed by the content owners and therefore will be
    subject to removal following expiry of the time-based rights and regulations. Any time-based rights and information
    relating to a particular content will be posted alongside the specific content.

•   Vodacom shall use reasonable skill and due care in providing the Service, but does not guarantee that any content you
    may store or access through the Service will not be subject to unintentional damage, corruption, loss or destruction, or
    removal in accordance with the terms of this agreement. Vodacom does not accept responsibility or liability should any
    such incident occur. Vodacom may change, suspend or discontinue all or any aspect of the Service at any time, including
    the availability of any specific features or content. 

•  If a download fails, the video will be downloaded the following day and be made available to you, without impacting the
    duration of your Bundle.

•   The Bundles are available to prepaid, postpaid, uChoose, topup customers.

•  The Bundles cannot be used for roaming.

•  Talking Points cannot be redeemed for Bundles.

•  No Talking Points will be allocated to Bundle purchases.

R5 a day subcritpion

1. The R5 a Day subscription service is a service within Vodacom Video Play that allows users to download an unlimited
        amount of videos (the “Subscription”), subject to a Fair Use Policy of 50 Videos a day  (the “FUP”).

2. Subscribers to the Subscription will enjoy a dedicated content library, which will not be part of the bundle service, and will
        be exclusive to subscribers.

3. When signing up for the Subscription customers will be able to download videos at no additional data charges, subject to
        the FUP.

4. A customer is entitled to a 7 day free trial (the “Free Trial”) when signing up for the Subscription.  

        4.1 By signing up to the Free Trial, a customer agrees to be billed at R5 a day after the Free Trial period has ended.

        4.2 A customer is only entitled to a Free Trial once when signing up for the Subscription. Should a customer choose to
               opt-in again to the Subscription at a later date, such customer will be billed at R5 a day from the beginning and will
               not (again) qualify for the Free Trial.

5. A customer may sign up to the Subscription within the Video Play Android application; or by sending a valid subscription
        keyword (“OK”) to the service long code 2782009000336.

6. Access to the Subscription is 24 hours from the time the customer signs up and is renewed daily, and subscribers will be
        continued to be billed R5 a day until a customer elects to opt-out, as set out in clause 11 below.

7. The Subscription only allows access to the content under the R5 a Day tab, and all other content on Video Play is subject
        to their respective pricing models.

8. A customer may watch a video in this library as many times as they desire provided they have an active subscription.

9. A customer may download videos from the library only if they have an active subscription. 

10. The content available under the Subscription library is subject to change at Vodacom’s discretion. 

11. A customer may opt-out any time by going to the subscriptions page and cancelling his / her Subscription. Alternatively, a
        customer may opt-out by sending a valid un-subscribe keyword (“CANCEL” or “STOP”) to the service long code
        2782009000336. Standard SMS rates apply

12. A customer will be able to use the service for the period they pay for, and Vodacom will continue to charge a subscriber R5
        a day until such subscriber has cancelled his / her Subscription, as set out in clause 11 above.

13. A customer that has not been successfully billed by the end of the daily 24 hour subscription period, will no longer have
        access to additional content from the video library.

Termination

14. You may stop using the Service/uninstall the application at any time. If you uninstall/delete the application from your device then all stored videos will be deleted along with the application.

15. If you re-install the application your videos will be available in the archive section for re-downloading. If you choose to re-download your archived videos, you will require the purchase of a video minute bundle. The Bundle balance will be available for the re-downloads if the Bundle has not expired. The same applies if you change your phone (for example, after losing your existing phone).

16. If you are no longer a Vodacom subscriber, or you change your SIM card temporarily, all videos stored on the handset will be erased and the Vodacom Video Play application will no longer be available.

17. You may unsubscribe from a subscription and will no longer be charged going forward. You will continue to have access until the last day of the current subscription. 

Privacy and Data Protection

a. This clause explains how we collect, use, share and protect your personal information. This clause should be read with the Vodacom Privacy Policy. If we update this clause and our privacy policy, we will post any changes on our website.

Collecting your personal information

b. We can get your personal information when you use this Service. In the case of the use of the Service your personal information is collected for the purpose of being used and processed in:

personalising the Service to your respective preferences;

for the serving of appropriate, tailored advertising to you via the Service; 

for the purpose of tracking the Service's performance; 

troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time; 

for use in devising additional enhancements or improvements to the Service; and  

statistical tracking, redundancy and audit purposes.

c. The above data will not be shared with other users of the Service. However, Vodacom further may collect your information in terms of clause (h) and (i) below.

d. We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. We may also collect information about you from other companies, our business, or joint venture partners.

Understanding what you want

e. We might also use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your movements on our website). These collect information that tells us how you use our websites, web-related products and services.

f. This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again. See the next section for more details.

g. You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie. 

The personal information we collect

h. The information we collect about you depends on the Vodacom and Vodafone products and services you use and subscribe to. It includes (but is not limited to) the following:

i. your name, gender, date of birth, home language, address, and email address;

ii. your preferences for particular products, services or lifestyle activities when you tell us what they are – or when we assume what they are, depending on how you use our products and services;

iii. your contact with us – such as a note or recording of a call you make to one of our contact centres, an email or letter you send to us or other records of any contact you have with us;

iv. your account information – such as phone number,  handset type, handset model,, whether you are a post or prepaid customer, dates of payment owed and received, TopUp information, the subscription services you use or any other information related to your account.

i. We will also get information on how you use our products and services, such as:

i. the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from);

ii. the date, time and length of the calls and messages you send or receive through our network, and your approximate location at the time these communications take place;

iii. the level of service you receive – for example, network faults and other network events which may affect our network services;

iv. your website browsing information (which includes information about the websites you visit, and about how you use our website or other Vodafone Group websites on your mobile or a PC;

v. the date, time and length of your internet browsing, and your approximate location at the time of browsing;

vi. your brand preference, preferred video categories, related preferences (e.g. team choice); and type of services you typically access.

Using your personal information

j. We may use and analyse your information to:

i. process the goods and services you have bought from us, and keep you updated with your order progress;

ii. keep you informed generally about new products and services (unless you choose not to receive our marketing messages);

iii. provide the relevant service or product to you. This includes other services not included in this terms and conditions, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product;

iv. contact you with offers or promotions based on how you use our products and services. These include your calling and messaging activities, location information and browsing information (unless you choose not to receive these messages – see below on ‘How to opt-out’;

v. send you targeted and relevant messages, based on your behaviour, permission and preferences. From time to time, we will send you a range of different messages, from Vodacom as well as brands, to keep you informed or simply for you to tell us what you are into. These are not just offers and promotions but messages from your favourite brands including new products, discounts, limited offers, gifts and more. It works by using information about you to send you targeted messages relevant to you;

vi. bill you for using our products or services, or to take the appropriate amount of credit from you;

vii. respond to any questions or concerns you may have about using our network, products or services;

viii. let you know about other companies' products and services we think may interest you (including offers and discounts we’ve specially negotiated for our customers); 

ix. protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times

x. understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you;

xi. carry out research and statistical analysis including to monitor how customers use our network, products and services on an anonymous or personal basis;

xii. prevent and detect fraud or other crimes, recover debts or trace those who owe us money;

xiii. provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual). 

k. The information we use will be your approximate location, based on the nearest mobile cell site. As a result, this will change as you move around with your mobile phone.

l. We will store your information for as long as we have to by law. If there is no legal requirement, we will only store it for as long as we need it. 

Sharing your personal information

m. We may share information about you with:

i. companies in the Vodacom and Vodafone Group (Vodafone Group Plc and any company or other organisation in which Vodacom owns more than 15% of the share capital);

ii. partners or agents involved in delivering the Services;

iii. companies who are engaged to perform Service for, on behalf of Vodacom (Pty) Ltd including Vodafone Limited, or the Vodafone Group;

iv. where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;

v. debt collection agencies or other debt recovery organisations;

vi. law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;

vii. emergency services (if you make an emergency call), including your approximate location.

n. We will release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.

o. If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.

p. We may need to transfer your information to other group companies or service providers in countries outside South Africa. This may happen if our servers or suppliers and service providers are based outside South Africa, or if you use our services and products while visiting countries outside this area.

q. At your option, we may also share your information with partner organisations we’ve chosen carefully, so they can contact you about their products and services.

Keeping your personal information secure

r. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.

s. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we will make sure they have appropriate security measures and only process your information in the way we’ve authorised them to. These organisations will not be entitled to use your personal information for their own purposes. If necessary, our security teams will check them to make sure they meet the security requirements we have set.

t. Communications over the internet (such as emails) are not secure unless they have been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.

How to opt-out

u. You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post.

v. You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post).

w. You will still receive communication related to changes in the Service, your subscription and new content available even after opting out

x. You can choose to opt out of partner marketing communications by sending an sms with STOP to 1155

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