Terms and Conditions
These terms and conditions for the Service shall be read together with the Partner’s terms and conditions available at: https://www.viu.com/ott/za/en/all/terms.
IMPORTANT PROVISION: ACCEPTANCE OF THESE TERMS AND CONDITIONS
HOW TO SUBSCRIBE OR UNSUBSCRIBE TO THE SERVICE?
2.1 In order to subscribe the Service, You must:
2.1.1 dial USSD: *117*848*3#; or
2.1.2 dial USSD: *117*848*1#; or
2.1.3 dial USSD: *117*848*2#; or
2.1.4 visit Web: https://www.viu.com/.
2.2 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, or by:
2.2.1 using Vodacom self-service channels; or
2.2.2 calling Vodacom Customer Care: 082135
2.2.3 Dial USSD: *135#
2.2.4 Visit WEB: https://www.viu.com/
2.2.5 Via the My Vodacom App
2.3 When cancelling/ unsubscribing from 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), in order to facilitate a convenient experience should You choose to re-subscribe at a later stage within the 6 (six) month period.
2.5 By subscribing to the Service, You agree to the following additional rules upon successful initial registration for the Service:
2.5.1 You will be charged a subscription fee of ZAR 7 (seven Rand) per day and receive 250MB VIU Data (first day free trial) or ZAR 69 (sixty nine Rand) per month (incl. VAT) and receive 3GB VIU Data (the “Fee”) for the relevant period that You remain subscribed for the Service.
2.6 If You are a pre-paid or top-up user:
2.6.1 the Fee will be deducted from Your available airtime balance depending on the subscription that you have chosen. You acknowledge that You must have enough airtime available to pay the Fee to continue to use the Service;
2.6.2 if You fail to satisfy Your Fee obligation for 30 (thirty) consecutive days after the last successful Fee was collected, Vodacom may at its sole discretion suspend or terminate Your subscription to the Service;
2.6.3 the Fee for each day of the month that You were subscribed to the Service for will be set out in Your monthly statement for payment. If You do not pay Your monthly Fee set out in Your monthly statement, Your subscription may be suspended;
2.6.4 before the expiry of the Free Trial Day, You may cancel Your subscription to the Service to avoid being charged the Fee.
2.6.5 only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they can do so) users within the Republic of South Africa may subscribe.
2.7 If You are a contract user, 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.
2.8 If Vodacom are unable to bill the full value of the subscription You have chosen for the Service, we may implement micro-billing. Micro billing occurs when You have subscribed to Service and You do not have sufficient funds in Your account (i.e., Your airtime balance) to pay for the subscription that You have chosen. Micro-billing will allow Vodacom to charge a discounted subscription or any reduced amount as we may determine from time to time dependent on the available balance until we can charge You the full amount. If we are successful in billing an amount, in part or in full for the end of the applicable period (depending on the subscription chosen), that billing record will stand as the completed billing for that particular period. Billing for the next period will revert back to attempting to bill the full stated price. Billing does not occur in arrears. Micro-billing shall be implemented in Vodacom’s sole and absolute discretion. You must have enough airtime available for payment of the subscription You have chosen for the Service to keep Your subscription in an active state. You acknowledge that in the event we are unable to bill any valid value for Your subscription of the Service that You have chosen, we will continue to attempt to bill and enable the subscription for a maximum period of 30 (thirty)consecutive days after the last successful bill collected. Should we be unable to collect any funds for a period of 30(thirty) consecutive days, You will be automatically unsubscribed from the Service.
2.9 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 a user of the Service.
2.10 These messages include, but are not limited to:
2.10.1 periodic messages to encourage, or remind You to browse or access the Service;
2.10.2 messages inviting You to share, voluntarily, data about Yourself or Your preferences;
2.10.3 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;
2.10.4 confirmation messages relating to Your subscribing for, or cancellation of, the Service;
2.10.5 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;
2.10.6 messages with Service content, including, but not limited to, confirmation of weekly results/ draws/ picks, and;
2.10.7 messages relating to the earning, notification, and servicing of rewards.
2.11 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 to SMS STOP To 30881 or dial *135*18.
2.12 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.
2.13 You accept that the Service’s default language is English.
2.14 By subscribing, You agree that You will be opted into receiving the messages mentioned above, which You may cancel at any time via the Service menu.
2.15 You acknowledge that Your subscription information will be retained for use to allow You access to future iterations and new features of the Service, and that You will be engaged to continue using the Service as applicable for other functionality intended to be covered by the Service.
2.16 You acknowledge that any subscriptions in error will be billed. For Your protection, we ask You to confirm all purchases twice.
REWARDS & PRIZES (WHERE APPLICABLE)
2.17 If applicable and to be eligible for rewards from the Service, You acknowledge that You need to have an active subscription for the Service.
2.18 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.
2.19 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 winner. If any legal authority contests the awarding of a prize, we may, in our sole discretion, determine whether or not to award such a prize.
2.20 Rewards can only be earned if You are a Vodacom customer. Any non-Vodacom customers will be unable to earn rewards due to their being active on a different network.
2.21 Only the qualifying Vodacom mobile number that is subscribed to the Service, can earn rewards.
2.22 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.
2.23 The VIU Data Bundle offer provides you with data to stream or to sync and/or to access the VIU application and VIU service on https://www.viu.com/ (“URL”) when you subscribe to the VIU service (new subscription). Existing customers will need to cancel their existing subscription and re-subscribe to the Service with this proposition.
2.24 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.
2.25 The subscription process (and terms and conditions) required for the Service shall at all times be applicable and shall constitute an agreement between You and the Partner Vodacom shall not be liable for any unavailability, faults glitches, bugs, or technical issues with the Partner’s 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 Partner’s application and/or URL.
2.26 No data pro-ration will occur.
2.27 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 Partner’s application and/or URL, normal data rates will apply as per Your existing tariff plan.
2.28 Your data bundle depletion will not occur for any banner advertising or in-stream advertising that may be present within the Service.
2.29 When making use of the Service, certain 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 because of any third-party services.
2.30 You cannot use the Services when You are roaming. Whilst roaming the use of an application and/or URL forming part of the Service, will be charged at Your existing tariff plan.
2.31 If You perform a price plan migration, whilst using You have an existing active Service, such Service shall be carried over to the new price plan.
2.32 If You perform a price plan upgrade, You will be able to add the Service to Your upgraded price plan.
2.33 Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason provided the on-going subscription for the Service will not be affected
YOUR OBLIGATIONS AND ENTITLEMENTS
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, suspending the Service, terminating Your registration, and prohibiting You from using the Service. Said suspension, 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.
LIMITATION OF LIABILITY
2.34 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 services and Your use thereof. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or services linked to these services 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 our 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.
2.35 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.
2.36 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.