Terms And Conditions
1. Your Acceptance of these Terms and Conditions
a. We grant you permission to use the Service, in accordance with these Terms and Conditions, provided that: (i) your use of the Services is only for your personal, non-commercial purposes; (ii) you do not copy or distribute any part of the Service in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Service other than as may occur during your proper use of the Service for the intended purpose; and (iv) you comply with these Terms and Conditions.
b. We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason on prior notice to you and without any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content.
c. We do not permit copyright infringing activities or the infringement of intellectual property or other proprietary rights (including privacy and publicity rights) in connection with the Service, and we will remove all content and user submissions if properly notified that such materials infringe on any party’s intellectual property right. You agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights referred to in these Terms and Conditions. Accordingly, you affirm, represent and warrant that: (i) any materials you submit are wholly original and owned by
you, or to the extent they are not wholly original, that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your submissions to enable inclusion and use of them in the manner contemplated by the Service and these Terms and Conditions; (ii) no payment, royalty or consent is required in connection with the rights granted to us by you in respect of the aforesaid content; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person that owns the content submitted to use their name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the submission in the manner contemplated by the Service and these Terms and Conditions. We reserve the right to remove materials without prior notice and also to terminate your account and/or access to the Service if we believe that repeated violations of this section have occurred.
d. The Service is made available via the relevant formats accessible via a mobile or other device. These include, but are not limited to, a USSD (Unstructured Supplementary Services Data) portal made available exclusively to mobile devices which are technically able to access the relevant USSD string; a mobi site accessible via a standard mobile device Internet browser application; a mobile web application accessible via a standard mobile or other device Internet browser application; an operating system based mobile application that can be downloaded and installed to on a mobile or other device, and an alert service whereby alerts are pro-actively pushed to the mobile and/or other device based on relevant parameters as described in these Terms and Conditions .
e. We hereby grant you a personal, non-exclusive, non-transferable, limited license to install and/or access the Service / mobile applications solely to access the Service for your own non-commercial, information or educational purpose. You may not: (i) modify, disassemble, edit, decompile, reverse engineer or copy any part of the Service / mobile applications; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the Service / mobile application to any third party or use any part of the Service / mobile application to provide time sharing or similar service to any third party; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service / mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the Service / mobile application; or (iv) delete the copyright and other proprietary rights notices on the Service / mobile application.
f. You acknowledge that we may from time to time issue upgraded versions of the Service and these will be incorporated automatically for any versions of the Service that is not downloaded to your device (e.g. USSD, mobi site, mobile web app). You acknowledge that we may from time to time issue upgraded versions of the downloadable applications, where we will prompt you to download and install the updated version of the application. You consent to such upgrading of the Service and/or application, and agree that these Terms and Conditions will apply to all such upgrades. Vodacom subscribers will not be charged when downloading the updated application, however normal data charges as per the applicable price plan will apply for off-net users when downloading the updated application. Should you not wish to incur such charges, you are advised to discontinue your use of the
Service via the application. You acknowledge that from time to time, the Service’s availability may be limited due to maintenance, upgrade or other technical reasons as necessary at the time.
g. We do not warrant that any mobile application will be compatible with your mobile device. Any third-party code that may be incorporated in any mobile application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We or our third party partners or suppliers retain all right, title, and interest in the mobile applications (and any copies thereof), and any intellectual property rights therein. No data charges shall apply for Vodacom customers using the mobile application, unless otherwise specified. Standard carrier data charges may apply for customers on other networks.
h. Vodacom reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Vodacom shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, or any discontinued parts thereof.
i. To the extent allowed by law, the Service is provided “as available” for your use, without warranties of any kind, express or implied. Vodacom does not warrant that you will be able to access or use the Service at any time or location of your choice or that the Service will be uninterrupted, error-free; or that defects will be corrected.
j. You acknowledge that Vodacom may appoint its third party company (Top Dog Internet Sales Limited) and individuals to facilitate the provision and delivery of the Service (e.g. maintenance, analysis, audit and development). This third party will have limited access to your information only to perform these tasks on our behalf and are obliged not to disclose or use your information for any other purposes. You acknowledge that certain aspects of the Service including browsing on the USSD and mobi site platforms, as well, as certain text alerts and rewards are currently provided for free only to Vodacom customers, though this is subject to change at any time at Vodacom’s discretion. Any change in this respect will be communicated to you with at least one month’s notice via applicable means, including but not limited to, the sending of a standard text message to your device to inform you of any applicable change. Should you not wish to use the Service following such changes we will terminate the service to you with immediate effect upon your notification. I. You acknowledge that you are aware that your network's normal data rates and fees will still apply when using the Service via the mobile web app accessible via your device’s mobile device Internet browser application, or the downloadable applications, or any other application offered on any other platform or operating system should Vodacom choose to offer it. This includes the downloading of the application (and any updated versions thereof) to your device and the updating of the application’s content in its normal use. m. If you are a non-Vodacom subscriber, you acknowledge that some of the platforms may only be accessible to you as far as your mobile device and connectivity enables. Vodacom reserves the right to offer the Service exclusively to Vodacom subscribers on any Vodacom proprietary platforms. You accept that in some cases, should you wish to access / use the Service, you may need to become a qualifying Vodacom subscriber to do so.
k. If you are a non-Vodacom subscriber, you acknowledge that your entire use of the Service, including but not limited to, browsing, downloading and updating of the Service, accessed by any of the mechanisms provided, will be charged at standard rates as per your network’s current price plan.
l. The Service includes the provision of both factual and opinion based information and editorial content regarding education, and/or any other local / international educational material which may occur and be covered by the Service from time to time. Vodacom’s appointed third party maintains and owns the relevant licences and rights to display and provide such content via the Service. Neither Vodacom nor the third parties appointed to provide this content may be held liable for any harm or consequences arising as a result of any unintended inaccuracies or discrepancies in the content.
m. Through the Service, we may occasionally offer you the opportunity to enter into contests, games and prize drawings subject to any further terms and conditions or contest rules. By entering into such contests and games, you agree to be bound by such additional terms, conditions and rules. In the event of a conflict between these Terms and Conditions and the specific rules of any such contest or games, the specific rules of such contest or games shall govern to the extent of the conflict.
n. These Terms and Conditions apply to all users of the Service, including users who are also contributors of information, and other materials or content on the Services. To the extent that the Service may contain third party advertisements, content, materials, and/or links to third party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies or practices of any third party websites. In addition, we do not and cannot censor or edit the content of any third party website. When you visit third party websites, we encourage you to read the terms and conditions and privacy policies of the other websites. By using our Services, you expressly release us from any and all liability arising from your use of any third party website or as a result of any third party presence on our Services.
3. Additional provisions regarding Registered Users
b. By registering, you agree to the following additional rules:
i. Only one registration is permitted per mobile number. Vodacom and non-Vodacom (where they have the technical ability to access the service) customers within the Republic of South Africa may register.
ii. You acknowledge that the onus lies with any person that is under the age of 18 who registers with the service to obtain guardian consent prior to registration. Vodacom reserves the right to request proof such consent at any time. The guardian can also formally retract their consent at any time, and Vodacom will de-register the person from the service upon the guardian’s request and subsequently inform them that they have been de-registered.
iii. You acknowledge that the Service has certain content which is locked and unavailable for access unless you register.
iv. You give us consent to provide you with various notifications and messages about / based on your interaction with the Service. These notifications will be delivered to you in the form of text messages, or in-application notifications sent to your mobile device using the MSISDN identifying you as a user of the Service
v. These messages include, but are not limited to:
1. Periodic messages to encourage, remind or re-engage you to browse or access the Service;
2. Periodic messages to encourage, remind or re-engage you to select your Grade, Subjects and Assessments via the text alerts provided by the Service;
3. Messages inviting you to share, voluntarily, additional data about yourself or your preferences;
4. 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;
5. Confirmation messages relating to your registration or deregistration for the Service, and/or when you subscribe / unsubscribe to the text alert service;
6. 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;
7. Messages relating to the earning, notification and servicing of rewards (only if you are a Vodacom subscriber).
vi. You accept that the offering of some parts of the Service in a language of your choice is limited based on the content translations available, and where there are no translations for specific content made available, the default language for the Service is English. Vodacom is not liable for any inconvenience arising from any content that is not available in the language of your choice.
vii. Registered Users may deregister (“quit”) at any time via the Service menu. When deregistering from the Service, you accept that your old profile and preferences will be retained for the duration as determined by Vodacom, for the purpose of audit trail, to avoid abuse of the reward programme and to the extent as required by law. You accept that should you attempt to re-register from the service, you will retain your old preferences.
viii. You acknowledge that your registration details will be retained for use in future iterations related to the provision of the Service, and that you will be engaged to continue using the Service and as applicable, for other competitions intended to be covered by the Service. Should you not wish to participate or desire any future iterations of the Service, you may deregister at any time.
a. Registered Users will be given exclusive access to various alert services related and/or associated to the Service. Any changes will be communicated to registered users with reasonable notice and you will be afforded the option to unsubscribe.
b. You may unsubscribe, from the text alert services at any time, while still remaining registered for the Service.
c. if you wish to unsubscribe completely from the service, you may at any time Opt out from the service by sending STOP to 30991.
d. Your mobile number is required to protect your unique account and for verification.
e. Your number is protected and will not be used for marketing purposes, in case your information is shared with our service provider (Top Dog Internet Sales Limited) it will only be to send key activities, reminders and timelines specific to your studies form the education portal.
f. Should a parent or guardian want to opt out their child from using the service (Vodacom e-school) please send STOP to 30991.
a. As part of the Service, Vodacom will reward Registered Users who remain registered with Vodacom Education Portal, and meet the conditions set out in clauses 5b ton below and all rewards are awarded at Vodacom’s discretion.
b. The earning of rewards is linked to the performance of the chosen offering. You acknowledge that the rewards may only be earned by remaining a Registered User and that should you, at any time, exercise your option to deregister from the Service, you forfeit the ability to earn rewards.
c. Rewards can only be earned by Vodacom customers. Non-Vodacom customers registered to use the Service 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.
d. Rewards earned are predetermined by Vodacom to qualifying recipients. A reward can be in the form of a Vodacom Voice, SMS or Data bundle, or any other reward that related to the Vodacom network that Vodacom elects to offer. When you qualify for a reward, you will receive at least two messages to inform you that you have qualified for a reward, and to indicate what the reward is. Additional messages are only sent if applicable to remind you to use the reward before its applicable expiry date if you have failed to do so.
e. Once allocated to you, each reward will have a limited validity period and a specified time period during which it can be used. Any unused rewards will expire at the end of the validity period. Rewards are only valid for the period upon which they are allocated and can be used within the specified period. This will be communicated to you via a relevant text message before the reward is available for use. Any usage of voice, SMS or data, or other Vodacom services that falls outside the allocated day and time slot will be billed at your applicable price plan rates. If you deplete
Your reward during the allocated period, any additional usage voice, SMS or data, or other Vodacom service will be billed at your applicable price plan rates.
f. A list of used and unused rewards can be viewed by dialling *111# (from a Vodacom number) and following the prompts, or via the Vodacom website. Unless otherwise specified or communicated, used and unused rewards are not transferable.
g. Should you wish to unsubscribe from rewards, you may do so by deregistering from the Service, as the two are linked together.
h. If you have multiple MSISDNs with Vodacom, and would like to earn rewards on each one, you will need to register each MSISDN with the Service and subscribe each one to the paid for text alert service.
i. Voice rewards apply only to Vodacom-to-Vodacom calls, and will be consumed on a per minute basis. Vodacom-to-Other Network calls will be charged at your existing price plan rate. If you have redeemed airtime discounts through the Talking Points program, please note that existing talking points call discounts will be applicable only after the rewards minutes bundle is depleted. All calls initiated outside a voice reward eligibility period but terminate within a reward eligibility period will be billed at your existing price plan rate for the entirety of the call. All voice calls initiated within a voice reward eligibility period but terminate out of a reward eligibility period will deplete from the reward bundle until the last minute of the gift period and the remainder of the call will be billed at your existing price plan rate.
j. SMS bundles apply to national destinations including “SMS to email” but cannot be sent to international or premium rated destinations. An SMS is equivalent to 160 characters.
k. Prepaid customers converting to Contract & U Choose Top Up or vice versa will not be able to retain their allocated rewards.
l. 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.
m. Vodacom reserves to right to remove the rewards programme from the Service at its discretion. In such an event, this will be communicated to registered users with reasonable notice and you will be afforded the option to unsubscribe.
n. All other rewards, the non-network rewards given to registered users as a result of their interaction with the Service are available to Vodacom subscribers only.
a. All rights, title and interest in and to the Service including, but not limited to, any games, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by Vodacom or our third party partners or supplies. Vodacom and/or our third party partners or supplies reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service.
b. Vodacom owns, has licensed, or otherwise has rights to use, or provide all of the content that appears in the Service.
7. Your Obligations and Entitlements
a. In addition to the rules set out in these Terms and Conditions, your registered use of the Service and any features allowing interaction with the Service, including but not limited to, participating in polls, submission of comments, uploading of material or any other relevant interaction feature, is subject to the following guidelines:
i. You may not post, transmit, link to or otherwise distribute false information or misrepresentations that could damage us or any third party.
ii. You may not post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Services. You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someone’s privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.
iii. You may not post advertisements or solicitations of any business or commercial activity, including contests or sweepstakes. You may not submit any material that relates to or involves the transmission of unsolicited mass mailing, "spamming", "junk mail" or "chain letters".
iv. You may not impersonate or falsely suggest your association with another person, or submit materials in another person’s name.
v. You may not solicit or attempt to solicit personal information from other users of the Service or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
vi. You may not attempt to gain unauthorized access to the Service, or Registered accounts using the Service, or the computers, servers, or networks connected to the Service by any means other than the user interface provided, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
b. Vodacom 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. Vodacom reserves the right to take action as a result, which may include, if necessary, terminating your registration and prohibiting you from using the Service. The aforesaid 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 Vodacom is under no obligation to compensate you for any such losses or results.
c. You are entitled to unsubscribe from the services at any time and for any reason by following the “cancel” prompts available within the Service menu.
d. Vodacom assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We cannot pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
e. If at any time Vodacom chooses, in its sole discretion, to moderate the Service, Vodacom nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
f. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Vodacom cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Vodacom shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
g. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Vodacom may reject, refuse to post or delete any User
Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Vodacom violates these Terms of Service.
h. You hereby grant to Vodacom an irrevocable, perpetual, transferable, fully paid-up, royalty-free, license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Vodacom the right to authorize others to exercise any of the rights granted to Vodacom under these Terms and Conditions.
i. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Vodacom reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Vodacom to investigate any suspected unlawful, fraudulent or improper activity.
j. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. Limitation of Liability
a. 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 Services’ 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 services; (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 services; (v) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the services by any third party; or (vi) any 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 services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services 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.
b. To the maximum 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 these services or its content, or any product or service described or provided through the services.
c. 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
(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.
9. Data Collection
a. Through your use of the Service, Vodacom will collect certain information about you. By using the Service, you consent to Vodacom collecting the following data:
i. The observation, monitoring, collection and storage of your mobile number (MSISDN), name and related preferences (e.g. Grades and Subjects);
ii. Nature of access (defined by which technical platform you choose to use in order to access the service);
iii. browsing activity (including, but not limited to, dates and times of access, duration of access, content accessed, and other related statistics);
iv. and technical network information (the device you are using to access the Service, the applicable Vodacom price plan / tariff if you are a Vodacom subscriber, and related data).
b. Should you choose to register with the Service, you agree to the following additional data collection and related provisions:
i. Your preference of information when using the Service; and where relevant, your preference of language;
ii. Other relevant information about you linked to the Service, including, but not limited to name, age, gender, location, brand preferences and similar information;
iii. The above data will be collected directly from you on request via the Service upon registration, or via voluntary data collection surveys which you will be invited to participate in from time to time.
iv. The above data will be stored by both Vodacom and Top Dog Internet Sales Limited to maintain and support the Service.
v. The above data will be collected for the purpose of being used and processed in:
1. Personalising the Service to your respective preferences,
2. for the purpose of tracking the Service’s performance,
3. Troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time,
4. for use in devising additional enhancements or improvements to the Service, and for
5. Statistical, tracking, redundancy and audit purposes.
vi. The above data will not be shared with other users of the Service.
c. User Content will also be collected and stored consistent with the above purposes. You acknowledge that any user content is deemed information you have chosen to share and is not data specifically requested by the Service, or information which the service has invited or prompted you to submit as part of data collection practices which may occur from time to time.
d. You acknowledge that the above data will be collected by the Service via the systems and technical platforms provided Top Dog Internet Sales Limited to maintain and support the Service.
e. Your data will not be sold, provided or in any other manner transferred to any other third party unrelated to the provision and support of the Service. Advertisers will not receive your data, regardless of whether or not you choose to register with the Service.
f. The data collected about you is ultimately in control by you and you may request its deletion at any time, as long as said deletion is not limited by law, or does not relate to content already shared by a user with others, where Vodacom cannot warrant full responsibility for the data’s deletion.