Terms and Conditions:
1 These terms and conditions govern the relationship between you, Vodacom and its affiliates (“Vodacom”) and Amazon. Com Services LLC (“Amazon”) (together “Us” or “We”) regarding the Prime Video Offer including promotional offers and related features (the “Service”). Use of the Service is also governed bythe Privacy Policy which is incorporated herein by reference. These terms and conditions for the Service shall be read together with the Prime Video Terms and Conditions available at: [https://www.primevideo.com/help/ref=atv_hp_cnt?nodeId=202095490], together referred to as the (“Terms and Conditions”).
2 The Prime Video Data Bundle offer provides you with data to stream or to sync and/or to access the Prime Video application and Prime Video service on [www.primevideo.com], (“URL”) when you subscribe to the Service By subscribing to the Service you agree to the Terms and Conditions.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS:
3 Vodacom and Amazon are the provider of the Service and the Prime Video Offer (set out in paragraphs 5 and 20 below) in its various formats accessible via mobile devices.Please read these Terms and Conditions and thePrivacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions.If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the Vodacom and/or Prime Video website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.
General:
4 As a user of the Service, you will subscribe for this Service on a recurring basis making you a paying user (“Subscribed”). As a Subscribed user, you will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law and the Privacy Policy incorporated by reference into and form a binding part of these Terms and Conditions. If you do not agree with our Terms and Conditions, please do not provide us with any personal information, and please do not use the Service.
5 By being Subscribed, you agree to the following additional rules upon successful initial registration for the Service:
6 You will be charged the following subscription fees for the Service (including VAT):
6.1 Prime Video (90-day free trial), R79,00 deal:
6.1.1 R79,00 (including VAT) per month; and
6.1.2 first 90 days, courtesy of Vodacom, thereafter you will automatically be billed R79,00 per month.
or
6.2 Prime Video Mobile Edition (30-day free trial) R59,00 deal:
6.2.1 R59,00 (including VAT) per month; and
6.2.2 first 30 days courtesy of Vodacom, thereafter you will automatically be billed R59,00 per month; and
6.2.3 3GB Prime Video data. NOTE: 3 GB Prime Video Data is Vodacom Data that may only be used on Prime Video Mobile Edition Service) valid for 30 (thirty) days after activation.
or
6.3 Prime Video Mobile Edition (30-day free trial): R29,00 deal:
6.3.1 R29,00 (including VAT) per month; and
6.3.2 first 30 days courtesy of Vodacom, thereafter you will automatically be billed R29,00 per month; and
6.3.3 3GB Prime Video data. NOTE: 3 GB Prime Video Data is Vodacom Data that may only be used on Prime Video Mobile Edition Service) valid for 30 (thirty) days after activation. (together referred to as the “Fee”)
7 If you are a pre-paid or top-up customer:
7.1 the Fee will be deducted from your available airtime balance monthly. You acknowledge that you must have enough airtime available to pay the Fee to continue to use the Service;
7.2 if you fail to pay the Fee in full, Vodacom may at its sole discretion suspend or terminate your subscription to the Service; and
7.3 only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they are able to do so) users within the Republic of South Africa may subscribe.
7.4 If you are a contract customer, the Fee will be set out in your monthly statement. If you do not pay your monthly Fee, your subscription may be suspended by Vodacom in its discretion.
8 You acknowledge that you will only be able to access the Service once Subscribed.
9 You give us consent to provide you with various messages about / based on your interaction with the Service. These messages will be delivered to you in the form of text messages sent to your mobile device using the mobile number identifying you as the Subscribed user of the Service. These messages include, but are not limited to periodic messages to encourage, or remind you to browse or access the Service:
9.1 messages inviting you to share, voluntarily, data about yourself or your preferences;
9.2 messages inviting you to try alternate versions of the Service based on Vodacom’s knowledge of the device you are using to access the Service;
9.3 confirmation messages relating to your subscribing for, or cancellation of, the Service;
9.4 messages inviting you to rate the Service’s quality and your opinion of your experience of the Service as measured by the metric scale provided; and
9.5 messages relating to the earning, notification and servicing of rewards.
10 You may opt out of the messages above except for the system messages which are mandatory in order for us to correctly administrate your use of the Service. To opt out of the messages, you are advised to make use of the functionality on the Service settings to cancel messages, or alternatively, to send an opt-out message request: SMS STOP To 30881 or dial *135*181.
11 You will not be charged for interactions that you will have with the Service via SMS. Data charges may apply for accessing the Service on website
12 You accept that the Service’s default language is English.
13 Subscribed users may cancel the Service in entirety at any time via the Service menu. When cancelling the Service, you accept that your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 years (only if necessary), and in order to facilitate a convenient experience should you choose to re-subscribe at a later stage within the 6 (six) month period.
14 You acknowledge that any subscriptions in error will be billed. For your protection, we ask you to confirm all purchases twice.
15 You acknowledge that we reserve the right to offer the promotional Prime Video data, other Vodacom data, promotions or prizes to you on a discretionary and promotional basis, and this can change at our discretion at any time.
Rewards & Prizes (where applicable):
16 If applicable and to be eligible for rewards from the Service, you acknowledge that you need to have an active subscription for the Service.
17 You acknowledge, understand, and agree that for your subscription to the Service does not guarantee any prizes or rewards from the Service. We shall not have any liability for such loss or damage while using the Service.
18 Where applicable, prizes may not be substituted or transferred. All taxes associated with the receipt or use of any prize is the sole responsibility of the prize recipient. If any legal authority contests the awarding of a prize, we may, in our sole discretion, determine whether to award such a prize.
19 Rewards can only be earned by Vodacom customers. Any non-Vodacom customers will be unable to earn rewards due to their being active on a different network. You acknowledge that this is outside of Vodacom’s control, and you indemnify Vodacom from any inconvenience caused by this.
20 Only the qualifying Vodacom mobile number that is subscribed to the Service, can earn rewards.
21 In the event that you terminate your Vodacom contract, you accept that you forfeit the use of any unused rewards by that point as well as the earning of future rewards from that point.
Subscription Rules for Promotional Offer:
21.1 Prime Video (90-day free trial), R79,00 deal:
21.1.1 R79,00 (including VAT) per month; and
21.1.2 first 90 days, courtesy of Vodacom, thereafter you will automatically be billed R79,00 per month.
or
21.2 Prime Video Mobile Edition (30-day free trial) R59,00 deal:
21.2.1 R59,00 (including VAT) per month; and
21.2.2 first 30 days courtesy of Vodacom, thereafter you will automatically be billed R59,00 per month; and
21.2.3 3GB Prime Video data. NOTE: 3 GB Prime Video Data is Vodacom Data that may only be used on Prime Video Mobile Edition Service) valid for 30 (thirty) days after activation.
or
21.3 Prime Video Mobile Edition (30-day free trial): R29,00 deal:
21.3.1 R29,00 (including VAT) per month; and
21.3.2 first 30 days courtesy of Vodacom, thereafter you will automatically be billed R29,00 per month; and
21.3.3 3GB Prime Video data. NOTE: 3 GB Prime Video Data is Vodacom Data that may only be used on Prime Video Mobile Edition Service) valid for 30 (thirty) days after activation.
(together referred to as the “Fee”)
Qualifying criteria for Promotional Offer:
22 The Promotional Offer is available to eligible Vodacom Postpaid, Prepaid and Hybrid/ Top Up customers.
23 In an effort to ensure sustainable provision of the Service and the Promotional Offer, the following additional qualifying criteria will apply for Customers:
23.1 must be active on the Vodacom network for a minimum period of 30 (thirty) calendar days prior to the activation date of the Service and/or the Promotional Offer to qualify for the Promotional Offer.
24 Customers can subscribe to the Promotional offer above by visiting the Vodacom website.
25 You are electing to use the Service on a month-to-month basis in which instance you will be able to cancel the Service at any time before the expiry of the current month of use. To deactivate the recurring bundle, you need to visit the Vodacom and/or Prime Video websites.
26 Any existing in-bundle usage and any other loaded data in your account will not be consumed until the Service is depleted or expires. You can check your bundle balance for the Service by dialling *135#, and choosing option 1 – balances or via My Vodacom App.
27 The subscription process (and terms and conditions) required for Prime Video shall at all times be applicable and shall constitute an agreement between you and Amazon. Vodacom shall not be liable for any unavailability, faults glitches, bugs or technical issues with the Prime Video application and/or URL. Furthermore, Vodacom shall not be held liable for any damages or loss howsoever arising that you may suffer due to use of the Prime Video application and/or URL.
28 No Prime Video Data pro-ration will occur.
29 If you use the applications outside of the Service, you will be charged as per your existing tariff plan. If you follow a link outside the Prime Video application and/or URL, normal data rates will apply as per your existing tariff plan.
30 The Prime Video Data Bundle depletion will not occur for any banner advertising or in-stream advertising that may be present within the Service.
31 The Prime Video applications and/or URL may contain third party advertisements, content, materials, and/or links to third party services and / or websites that are not owned or controlled by Vodacom. Vodacom assumes no responsibility for the content, privacy policies or practices of any third-party websites or applications. In addition, Vodacom does not and cannot censor or edit the content of any third-party website. When you visit third party websites, Vodacom encourages you to read the Terms and Conditions and privacy policies of the other websites. By using the Service, you expressly release Vodacom from all liability arising from your use of any third-party website or as a result of any third-party services.
32 You cannot use the Services when you are roaming. Whilst roaming the use of the Prime Video application and/or URL will be charged at your existing tariff plan.
33 If you do a price plan migration, whilst using you have an existing active Service, such Service shall be carried over to the new price plan.
34 If you do a price plan upgrade, you will be able to add the Service to your upgraded price plan.
35 If, post subscription, you choose to migrate between Prime Video Mobile Edition and Prime Video plans you will not qualify for the free month and associated data.
36 Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason on reasonable notice provided the on-going subscription for the Service will not be affected. Vodacom further reserves the right to amend these Terms and Conditions at its sole discretion and without notice to you. You have the responsibility to at all times familiarize yourself with the amended Terms and Conditions.
37 The promotional offer will commence from 15 May 2023 until 27 September 2023.
Billing:
38 Once you have subscribed to the Service and received the Promotional Offer, you will not be charged any fees for the first 3 months for Prime Video and the first 30 days for Prime Video Mobile Edition. (“Free Trial Period”). The Free Trial Period applies only once during any 12-month period. If you’d like to continue your subscription to the Service after the Free Trial Period, you will be charged the Fees monthly. The Fees shall be charged in the next month following Trial Period and every succeeding month thereafter until you cancel your subscription to the Service. Paragraph 38 below details how to cancel your subscription to the Service.
Termination by Us:
39 Vodacom may revoke your Amazon subscription, at our sole discretion without notice to you, if we suspect any fraudulent activity, misuse of your subscription or violation of these terms or any applicable law by you. No fee refund will be given in case of revocation.
Amazon Support:
40 Customer inquiries relating to any Amazon service should be directed to Amazon at [contact-us link]. Amazon provides a help and support page available at [help link].
Your Obligations and Entitlements:
41 Vodacom and/or its appointed partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to act as a result, which may include, if relevant, terminating your subscription and prohibiting you from using the Service. Said termination and prohibition may occur with or without notice to you, and as a result may involve the loss of any benefits, privileges or earned items associated with your use of the Service, and we are under no obligation to compensate you for any such losses or results.
How to unsubscribe or cancel the Service:
42 You are entitled to unsubscribe from the Service at any time and for any reason by following the “cancel” prompts available within the Service menu, via the following ways:
43 Self Service on Vodacom Web
44 Self Service on Prime Video App, Web or https://offers.vodafone.com/za ; and
45 Calling Vodacom Customer Care: 082 135.
Limitation of Liability:
46 You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or services linked to these Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (iii) any unauthorized access to or use of servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
47 To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Service or its content, or any product or service described or provided through the Service.
48 Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by you; (ii) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.
