Vodacom ConnectU Zero-rating Application

These Terms and Conditions of Use ("Terms and Conditions") govern the relationship between Vodacom (“Vodacom”, “us”, or “we”) and you ("you" or "your") regarding your participation in Vodacom granting free access (zero rating data usage) for Vodacom Customers accessing certain URLs on your website from their mobile device independent of their balance status (“the Initiative”). Participation in this Initiative is also governed by the Privacy Policy and Vodacom connectU terms and conditions. By submitting your application to participate in this Initiative, you are agreeing to these Terms and Conditions. If you do not accept these Terms and Conditions, please do not submit your application to participate in the Initiative.

1.       We reserve the right, at any time, to modify and/or update these Terms and Conditions by posting such updated Terms and Conditions on the Vodacom connectU website on https://myvodacom.secure.vodacom.co.za/cloud/digital/connect4uzerorating . Any such updates shall apply to you and your participation in this Initiative and by continuing to be part of the Initiative, you shall be deemed to have accepted such changes.

2.  Participation in this Initiative is strictly voluntary. You should not expect any monetary compensation or material gains from Vodacom by being part of this Initiative. The onus rests on you to request participation in the Initiative from Vodacom and provide accurate information required for zero-rating. Vodacom will not be liable in respect for any omissions or inaccuracies in the information provided on your website.

 

3.    Vodacom will,  consider applications to grant free access to the following functionalities/features of your website based on the listed categories:

Higher Learning Institutions

High School

Public Hospitals & Clinics

Features that Vodacom will grant free access to:

 

·  Homepage

·  e-Learning portal (1 aggregated per institution)

·  e-Library (1 aggregated per institution

Features that Vodacom will grant free access to:

 

·       Homepage

·       Admissions

·       Contact Us

 

Features that Vodacom will grant free access to:

 

·       Homepage

·       Departments

·       Contact Us

 

 

4.We will endeavor to assess each application submitted to Vodacom to be part of the Initiative within 10 business days. 

5. In order to be considered to participate in this Initiative, you must comply with the following criteria:

5.1. the website should be legally registered 

5.2. you are only allowed 3 functionalities as detailed in clause 4 above within your website that can be zero-rated

5.3. higher learning institutions will be allowed to zero-rate the functionalities listed in clause 3 above;

5.4. you must provide Vodacom with the required website information that enables the zero rated service:

5.4.1. full exact Uniform Resource Locator (“URL”) (mobi and online sites);

5.4.2. Internet Protocol (“IP”) Address(es) of the server;

5.4.3. Port Numbers(s);

5.4.4. Server Name Indication (“SNI”);

5.5. the content offered in your website must be offered free of charge;

5.6. your website must at all times have accessible terms of use in place, without limitation to the generality of the foregoing, that prohibit the unauthorised publication, making available or distribution of copyrighted material;

5.7. your website must not contain any material that infringes rights of privacy or material that is defamatory, offensive, obscene, illegal, discriminatory, pornographic, degrading, blasphemous, etc. All material in your website must comply with South African laws and not be deemed offensive.

6. You acknowledge that accessing your website using a corporate APN will not be zero-rated.You acknowledge and agree that Vodacom shall not be held liable for the use of incorrect IP address(es) and/or URL, provided to Vodacom for the provisioning of free access or any changes made by you to the submitted IP address and/or URL. It is your responsibility to vet and confirm the accuracy of the IP address(es) and/or URL provided to Vodacom for provisioning the free access and to pro-actively monitor the IP addresses submitted or added. 

7. Peer to Peer sharing, Voice over IP, streaming, data rich content (like videos, audio clips and imagery uploads and downloads), content that requires that Vodacom connects and zero-rates the open internet (i.e. Google fonts and learning management systems such as blackboard, MS Teams, Moodle, SAKAI, Big Blue and any other Proprietary systems etc.); and any uploads or downloads of live video will be prohibited and will not form part of content that Vodacom will provide free access to. Vodacom reserves the right to terminate the free access to your website in the event that usage of any of the aforementioned protocols or types of content is detected.

8. By electing to participate in this Initiative, you acknowledge and agree that you bear the responsibility to ensure that all users of your website do so in accordance with these terms and conditions for the period that your website is provided free from any data charges by Vodacom. In certain instances the users of your website may not be able to click through from Vodacom connectU to zero-rated URLs but they will still be granted free access to the URLs at no further data cost.

9. You must maintain a minimum uptime of 97% (ninety seven percent) for your website on a monthly basis.

10. Accessing of mobile application or IP Adress(es) will be at the risk of the end user and Vodacom will not be held liable for any loss or damage suffered with respect to this (for example if an end user is re-directed to a phishing website).

11. Vodacom does not represent, warrant or guarantee or assume any responsibility for the quality of the service or the data transmitted in your website and shall not be liable for any loss, cost, claim, damage or expense of whatsoever nature which may be caused by weak signals and/or data lost.

12. The free access to your website is dependent upon the electronic communications network availability. The electronic communications network may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature. Whilst Vodacom will use its best efforts to secure the uninterrupted supply of the service and will use reasonable endeavours to make the service available to Vodacom customer at all times, Vodacom does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.

13. Vodacom reserves the right to block users who use high definition videos and pictures or to charge such users for the download of high definition videos and/or pictures accessed in your website;

For the period of your participation in this Initiative you undertake not to do anything that may result in Vodacom being in disrepute 

14. You warrant that in making your website available to Vodacom as part of the Initiative you are not infringing on any third parties' rights. You will, at all times, implement and operate a notice and take down procedure to remove or block access to content and/or material in your website infringing copyrights.

15. We may change, suspend or discontinue all or any aspect of the Initiative at any time, including the availability of certain specific features. In such event, we shall not be required to provide benefits or other compensation to you in connection with such discontinued Initiative, or any discontinued parts thereof.

16. You acknowledge that from time to time, the Initiative services availability may be limited due to maintenance, upgrade or other technical reasons as relevant.

17. To the extent allowed by law, the Initiative is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied. We do not warrant that you will be able to access or use the service on any device, or any time or location, or that the service will be uninterrupted or error-free. You agree that we will not be liable to you or to any third party for any unavailability, modification and/or suspension.

18. You acknowledge and agree that Vodacom is not responsible for any material in your website including the accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Vodacom does not assume and will not be held liable or responsible for any material in your website

19. We reserve the right to:

19.1. restrict, suspend or terminate your access to all or any part of the Initiative at any time for any reason on prior notice to you and without any liability to us if you are in breach of these terms and conditions and/or you create risk or possible legal exposure to us ;  

19.2. disable, alter, suspend or terminate the Initiative with immediate effect at any time for any reason on prior notice to you and without any liability to us.

20. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL VODACOM AND/OR ITS SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO ACCESS, PARTICIPATION IN THE INITIATIVE; AND (B) IN NO EVENT SHALL VODACOM AND/OR ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY: (1) DIRECT OR (2) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO ACCESS YOUR WBSITE FOR FREE , OR ANY CONTENT POSTED IN YOUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO CEASE USE OF THE SERVICE.

21. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, VODACOM AND/OR ITS SERVICE PROVIDERS DO NOT MAKE AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICE THAT IS PART OF THE INITIATIVE OR OTHERWISE REGARDING THESE TERMS AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AVAILABILITY OF SERVICE, FREEDOM FROM ERRORS, COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING IN THE COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. VODACOM AND/OR UPSTREAM ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE VODACOM AND/OR ITS SERVICE PROVIDERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

22. You agree to defend, indemnify, and hold harmless Vodacom, its service provider and their employees, contractors, officers, directors and successors harmless from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the service, violation of these Terms and Conditions or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Vodacom reserves, at its sole discretion, the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defences if requested by Vodacom. The indemnification in this section extends to any allegations of copyright infringement, or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.