Vodacom Smart Tracker (the “Smart Tracker) (Product ID VST001) - Terms and Conditions
Your Vodacom Smart Tracker is part of a subscription service which – through the combination of a tracking device, mobile app and network connectivity – keeps you in touch with your favourite things. These Terms and Conditions apply to the extent your Smart Tracker is controlled or managed through our Vodafone Smart App (also known as the V by Vodafone mobile app) (the “App”). More details of the specific services available when using the Smart Tracker are set out in section 3 below (the “Services”).
Your Smart Tracker is offered to you by Vodacom Pty Ltd (“We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”).
In this agreement, “you” means, either (as applicable):
(a) the person paying the monthly subscription fee for the Services, for setting up the Smart Tracker and pairing with the App (the “Administrator”); and/or
(b) a person communicating with the Smart Tracker via the App (the “Contact(s))”,
although we understand that you may or may not be the person using the Smart Tracker (the “User”). If you are not the User, as the Administrator you are responsible for ensuring that the User understands these terms and uses the Smart Tracker in accordance with these terms.
See section 6 (Administrators & Contacts) for more information in relation to Contacts.
1. Requirements for using the Smart Tracker
1.1 In order to use the Smart Tracker you must:
a. purchase the Smart Tracker, which may be available via the Vodacom Franchise Stores, as well as our Vodacom eShop and through our approved Partner third party retailers;
b. download the Vodafone Smart App via the Apple App Store or the Android App Store on your smartphone device, sign up and register with either your Vodacom mobile number or your non-Vodacom mobile number ;
c. connect your Smart Tracker following the instructions set out in the Vodafone Smart App;
d. purchase and activate a subscription for the Smart Tracker (“Subscription”) via the Vodafone Smart App; and
e. complete activation and personalisation of your Smart Tracker via the Vodafone Smart App.
Please note, to ensure you can access all features and Services you will need to allow the Vodafone Smart App certain permissions on your smartphone device.
1.3 Your purchase and use of the Smart Tracker may be subject to separate terms from your retailer and hardware terms included with the Smart Tracker - for example, in respect of hardware warranties and returns policies.
2. Your Subscription
2.1 You must have a valid Subscription in order to use the Smart Tracker. Subscriptions are subject to the Smart Sim terms and conditions, must be activated via the Vodafone Smart App and will start when you have connected your Smart Tracker to the Vodafone Smart App, chosen your plan and provided valid payment details.
2.2 All charges relating to your Subscription will be shown to you in the Vodafone Smart App during the Subscription activation, and will be subject to your acceptance of the Smart Sim terms and conditions. All other rights related to your Subscription, including payment methods, payment frequency, terms specific to existing and/or non-Vodacom customers, and your rights to cancel and terminate, are as set out in the Smart Sim terms and conditions .
2.3 You can link up to twenty (20) Smart Trackers to the same Vodafone Smart App account, but you will only be able to view one (1) Smart Tracker at any one time. Each Smart Tracker will require a separate Subscription.
3. Smart Tracker Services (the “Services”)
Please note, the Services available to you and any Contacts will be those advertised at the point you purchase the Smart Tracker and/or those communicated as new (and launched) features after you’ve purchased the Smart Tracker. This section may include information on services which are not yet available, but may become available at a later date. We are under no obligation to launch any of the services listed below that were not, and have not been, advertised as Services.
3.1 Once you have connected and activated your Smart Tracker account in the Vodafone Smart App and purchased a Subscription, you will be able to use the following Services:
3.1.1 Location: You will be able to see the location of your Smart Tracker in the Vodafone Smart App. This will be the location of the tracker at the point it last updated (see Tracking Modes, below), however, you can get an up-to-date location by pressing the refresh button. In order to try and optimise the Smart Tracker’s battery life, we use technology to understand if the tracker has or hasn’t moved, and will only update your location if and when your tracker moves. If your Smart Tracker is idle, or hasn’t moved, we’ll indicate this in the Vodafone Smart App. Location is provided using a telematics unit installed in the tracker that receives Global Positioning System (“GPS”) satellite signals. The GPS accuracy of the location may be affected by external factors, as explained below in these terms. To the extent GPS is not available, you may still be able to view the approximate location of your Smart Tracker using other tracking technologies (such as cellular, Wi-Fi or Bluetooth), but please be aware these will not be as accurate as GPS.
3.1.2 Realtime Tracking: Realtime Tracking is a Tracking Mode which, when selected, allows you to follow your Smart Tracker with greater frequency than other tracking modes. Realtime Tracking can only be used for a maximum of 15 minutes at any one time and can be stopped at any point. After 15 minutes of Realtime Tracking, your Smart Tracker will return to your previous Tracking Mode.
3.1.3 Zones: Zones are the virtual boundaries you create around a location of your choice. These can be set-up and amended in the Vodafone Smart App. If the Smart Tracker enters or leaves this area (as per your selection), you will receive a notification. Please note that Zones use the tracker’s location (as updated by the frequency of your chosen Tracking Mode), to determine whether or not it has left or entered a virtual boundary. This means any notifications may not reflect the precise moment your Smart Tracker actually left or entered a Zone.
3.1.4 Quick Alert: By pressing and holding the button on your Smart Tracker for 3 seconds, its will send its current location to the Vodafone Smart App. Quick Alerts will be sent as a push notification and can be enabled in the Vodafone Smart App under ‘Device Settings.’
3.1.5 Location History: Once you start using your Smart Tracker, you will be able to review historic locations and timestamps in the Vodafone Smart App. The historic time-period for Location History may change from time to time.
3.1.6 Navigate / Share Location: The Smart Tracker can share the coordinates of its location with your phone’s native map applications (such as Apple Maps or Google Maps), allowing you to plot a route to this point. The location of the Smart Tracker can also be shared with someone else. Please note, the coordinates of the Smart Tracker will be those of its last updated location (noting that update frequency is dependent on Tracking Mode). In addition, you will only be able to plot a route or view a shared location in your phone’s native map application(s), which is a third party service. Please see section 7 (Third Party Services) for more information.
3.1.7 Proximity & Beep: When you are within the Smart Tracker’s Bluetooth range, the App will provide you with an approximate distance, showing how far away your Smart Tracker is. For added assistance in locating your Smart Tracker, when in Bluetooth range you may also be able to use the App to request that the tracker makes a short ‘beeping’ sound. However, please note the request to ‘beep’ is not sent over Bluetooth, but is subject to Vodafone connectivity and location coverage, so may not be instant.
3.2 Tracking Modes: Your tracker will update its location periodically, depending on the tracking mode you have chosen. Your Smart Tracker will has a number of different tracking modes that you are able to change in the Vodafone Smart App.
3.2.1 Power Save Mode: Location updates every 2 hours.
3.2.2 Everyday Mode: Location updates every 30 minutes.
3.2.3 Performance Mode: Location updates every 5 minutes.
3.2.4 Realtime Tracking: Location updates every 3-5 seconds. Please note that Realtime Tracking can only be used for a maximum of 15 minutes at any one time, and will end automatically end after this period.
The battery life of the Smart Tracker depends on the tracking mode chosen. The more frequent your Smart Tracker updates, the quicker your battery life will reduce. In the event your Smart Tracker is unable to update its location, the Vodafone Smart App will continue to show the last known location of the tracker.
3.3 Battery: You will be able to view your tracker’s approximate battery life in the Vodafone Smart App using the battery iconography. Your Smart Tracker’s battery can last for up to 5 days in Everyday Mode.
3.4 Other Features: We may add or remove services that can be used by your Smart Tracker at any time. We will tell you about any changes as far as reasonably possible (see section 11 (Variations) below).
Exclusions: Note that the Smart Tracker does not (i) track human beings; (ii) does not keep your belongings safe, it only tells you the location of your belongings.
4. Limitations of the Services
4.1 We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free. Please read the Smart Tracker Services section above to understand how each of your tracker’s services work, and any associated limitations.
4.2 We aim to provide you with the Services at all times. However, you acknowledge and agree that, the nature of the underlying mobile, GPS and other technology involved are such that the Services (or part of the Services) may not be available at all times or in particular locations, and the Services may be adversely affected by physical features beyond our control, including network overload, weather conditions, electromagnetism atmospheric conditions and other causes of interference beyond our control (e.g. failure of GPS or GSM networks or for Service maintenance reasons), or if you are using the device and/or the App in a place inadequately covered by GPS or Vodacom’s GSM networks.
4.3 Smart Trackers are dust proof and water resistant, having been tested under controlled laboratory conditions with a rating of IP67 under IEC standards. This means that your Smart Tracker is resistant to water splashing; however, it may be damaged in water immersions of more than 1 meter or for periods of longer than 30 minutes. It also does not guarantee protection from submersion in liquids other than fresh water. Please note that resistance may decrease over time with normal use. Your Smart Tracker should be cleaned with fresh water and dried with a lint free-cloth if it comes into contact with anything other than fresh water.
4.4 You acknowledge the Smart Tracker is only designed to be used in the ways advertised by us, and should not be used to track people. If used in any other way, some Services may not be available or may not work properly. If your Smart Tracker is damaged the Services may not be available.
4.5 The Smart Tracker is designed for tracking on land and must not be connected/used when taken in aircraft. The Smart Tracker is not designed to comply with all rules and regulations around the use of connected, battery powered devices on an aircraft, and is also not designed for use in baggage stored in aircraft holds. Please check your travel providers’ luggage restrictions before you travel.
4.6 Use of the Smart Tracker may require firmware updates from time to time. These firmware updates are mandatory and, if not completed, the Services will not be available or may be adversely affected. We will notify you in the App when a mandatory firmware update is required and provide you with any instructions on how to complete the update.
5 Your responsibilities when using the Smart Tracker
5.1 You must keep to this agreement and our instructions when using the Services. You are responsible for anyone who uses your Smart Tracker.
5.2 If you are not the User, you are responsible for ensuring that the User understands how to use the Smart Tracker and is aware of the limitations of the Service as set out in this agreement.
5.3 You are responsible for maintaining the Smart Tracker battery and for completing any Smart Tracker firmware updates notified to you by us in the Vodafone Smart App. You acknowledge that the Services will not be available or may be adversely affected if the Smart Tracker has no battery or if you have not completed a firmware update.
5.4 You must not use your Smart Tracker or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities.
5.5 Quick Alerts are received by way of push notifications in your Vodafone Smart App and on your smartphone. You are responsible for monitoring the activity in your Vodafone Smart App. We will not monitor any alerts from the Smart Tracker and will not know if a User is awaiting assistance, or if any alert is false or genuine.
5.6 You acknowledge that your Smart Tracker is not an emergency service. We will not contact you or any contacts directly, or the emergency services in relation to a Quick Alert.
5.7 The Services are provided to you for your private and non-commercial use. You must not sell all or any part of the Services and you must not modify or attempt to modify the Smart Tracker in any way.
5.8 You are responsible for contacting us if you identify a defect in your Smart Tracker or the Vodafone Smart App that prevents you from using the Services.
5.9 You are responsible for informing any User that we will not be able to provide the Services if the device has no battery power or no Subscription, and of the other limitations set out in this Agreement.
5.11 If you are not the User, you are responsible for ensuring that the User has consented to using the Smart Tracker, and has consented to Vodacom tracking the location of the Smart Tracker for the purpose of providing the Services. You are responsible for informing the User that we will not be able to provide the Services if the Smart Tracker has no battery power, and of the other limitations set out in this Agreement. You must ensure that the User agrees to have any required personal information collected and used by Vodacom for the purpose of the Services.
6 Administrators & Contacts
Please note, this section only applies to the extent the Smart Tracker, App and Services allow for interaction and communication between multiple individuals. The Services and functionality available to you (including the ability for Contacts to interact or communicate with the Smart Tracker, or vice versa) will only be those advertised. As such, this section may include information on functionality which is not yet available, but may become available at a later date. To the extent this functionality does not exist, or was not advertised as existing, we are under no obligation to launch this.
6.1 The Administrator may be able to invite Contacts to interact with the Smart Tracker and the App. The Administrator is responsible for inviting Contacts and setting the level of permissions they may have in the App. The Administrator is only able to add Contacts with a mobile phone number from the same country [and potentially on the same network] as the mobile number used by the Administrator.
6.2 Contacts must be at least sixteen (16) years of age, but in the event any Contact is under the age of 18 years:
6.2.1 The Contact must be the child (or under the guardianship) of the Administrator; or
6.2.2 The Administrator must have obtained the explicit permission of the parent or guardian of the Contact before inviting; and
6.2.3 The Administrator shall remain responsible for the actions and any non-compliance of the Contact under the terms of this agreement.
6.4 To accept an invite, Contacts will need to download the App and follow the instructions. If Contacts have already downloaded the App for a different product, they can use the same App and will be notified of any pending invitations.
6.5 Invites will expire after a certain period of time, after which an Administrator will need to re-invite a Contact.
6.6 Each Smart Tracker has a maximum number of Contacts who can interact with the device.
6.7 Permissions: At the point the Administrator invites Contacts to interact with the Smart Tracker, they are able to choose the precise permissions that Contact will have.
Important: The Administrator is solely responsible for ensuring the appropriate level of permissions for each Contact and understands that certain permissions will, amongst other things, enable a Contact to interact with the Smart Tracker, access the device Services and may even permit them to alter Tracking Modes and Zones.
7 Third Party Services
8 Losing your mobile equipment
If your Smart Tracker or the mobile equipment on which you use the Vodafone Smart App is stolen, damaged, destroyed or lost, we do not have to give you any refund for any Subscription that you have paid for in advance to use the Services, or for the cost of the Smart Tracker or your mobile equipment. You should contact us immediately so that we can prevent further activity on your App account. Also to be reported to the police for blacklisting purposes.
9.1 Subject to coverage, the Services are available when your Smart Tracker is located in South Africa and in a number of other countries. The list of countries supporting Smart Tracker is subject to change. Please see the Smart Sim Terms & Conditions for inclusive out of country use details. If you are planning on travelling or using your Smart Tracker abroad, please check the latest status of this list as it may be updated from time to time.
9.2 Even if you are able to connect to and use your Smart Tracker in countries that are not officially supported, this does not imply that all the Services will be available to you in such country or that the Services and the Smart Tracker will work as intended. We therefore recommend that you check the list of countries before you travel.
9.3 Please note that accessing and using the Vodafone Smart App on your mobile device requires an internet connection and so you may incur roaming costs depending upon your mobile tariff.
10 Suspension and ending the agreement
10.1 We can suspend, restrict or stop providing the Services (all or part of them) and/or your Smart App account in the following circumstances:
10.1.1 If we believe your Vodafone Smart App, Smart Tracker or the Services are being used in a way that we do not allow under this agreement or in a way that is not allowed under the Smart Sim terms and conditions.
10.1.2 If we believe that your account or your mobile equipment or your Smart Tracker is or has been gained in an unauthorised, illegal, improper or fraudulent way.
10.1.3 If you owe us any money related to your Subscription and you do not pay this when it should have been paid and we are unable to charge you for the due amount.
10.1.4 If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the Vodacom network.
10.1.5 If you tell us that your Smart Tracker has been lost or stolen.
10.1.6 If we are permanently unable to provide the Services to you.
10.1.7 If there is a change in applicable law, regulation or other binding rule that prevents us from providing you with any the Services. In these circumstances, we may also suspend your Smart App account. We will tell you when we suspend, restrict or end your Services.
10.2 In addition to the cancellation rights listed right above, we may discontinue providing the Services at any time upon 30 days’ prior written notice to you.
10.3 You may stop using the Services at any time, but you will still be responsible for paying the Subscription unless terminated in accordance with the Smart Sim terms and conditions.
11.1 We may add new services to the Smart Tracker and make changes to, add or withdraw any of the Services at any time.
11.2 Some new services may be made available to you as add-on options that can be purchased in addition to an ongoing Subscription (“Add-ons”).
11.3 We may also make further improvements to the Vodafone Smart App or Smart Tracker, and change or introduce new terms to this agreement at any time. If possible we will give you reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by sending a notification via the Vodafone Smart App or when you enter a new Subscription or purchase an Add-on.
11.4 We may change our charges or introduce new charges. If we increase our charges, we will give you at least 30 days’ notice in a way which we consider is reasonable, for example by sending a notification in the Vodafone Smart App. If we believe any change in our charges will not disadvantage you, we may include it without telling you.Any change to your Subscription will be governed by the Smart Sim terms and conditions.
11.5 By continuing to use the Smart Tracker, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to purchase your Subscription or any Add-on, or use the Services.
12 Liability and Exclusions
12.1 Under no circumstances will Vodacom be liable to you for any loss of income or profit, loss of use of the Services, lost business, damage to property, or missed opportunities or loss or damage (consequential damages) howsoever arising that: (a) is not directly caused by us: (b) which we did not reasonably expect at the time we entered into this agreement: (c) that are caused by your failure to comply with this agreement, the separate terms and conditions that apply to the Smart Sim or the Vodafone Smart App: or (d) any reasonable instructions provided to you in the Vodafone Smart App.
12.2 We will not be liable to you if we cannot provide the Services because of something outside of our reasonable control.
12.3 Unless our negligence or wilful misconduct arises in you suffering direct damages, our liability to you, for each claim or a series of related claims, will not be more than the value of the current Subscription cost for the 12 (twelve) months period immediately preceding the month in which the incident arose which gave rise to the claim.
12.4 Except for any claim in relation to death or personal injury caused by our negligence, you have the sole right to bring a claim under this agreement.
12.5 The terms of this agreement will not affect any rights which you may have as a consumer under any law and which we cannot exclude by agreeing it with you.
13 Personal Information
14.1 We may transfer this agreement to anyone else including a Vodacom Affiliate at any time without consent from you, any transfer in terms of this agreement, wherein you are required to perform payment obligations or liaise with a transferee, shall be with written notice to you. Any transfer of this agreement by you, shall be with written consent of Vodacom, which consent shall not be unreasonably withheld but shall be subject to amongst others, Vodacom’s satisfaction with the credit vetting outcome of the transferee. For purposes of this clause, a Vodacom Affiliate - means any corporation, company, or other entity which is (i) controlled by Vodacom; (ii) controls Vodacom; or (iii) is under common control with Vodacom and “control” means that more than 50% (fifty percent) of the controlled entity’s shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity.
14.2 Except as stated in section 10.4, this agreement is not intended to be for the benefit of, and will not be enforceable by, any person other than you (as the person paying the subscription fee for the Services) and us.
14.3 If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.
14.4 We will send you notices by either text, phonecall or by email.
14.5 This agreement is governed by the laws of the Republic of South Africa. You or we may bring legal proceedings in a court in South Africa to sort out a dispute under this agreement.
14.6 You can find additional information regarding the Smart Tracker and the Vodafone Smart App in the Smart Tracker FAQs.
Any problems using the Smart Tracker or the Vodafone Smart App with the Smart Tracker should be reported to our dedicated CIoT Customer Support team who will endeavour to help resolve the issue.You may contact us by using the Help & Support link in the Vodafone Smart App or at https://v.vodafone.com/za/contact.
If you need to speak to us or have a complaint, please contact us on https://v.vodafone.com/za/contact
Vodacom Curve Competition
Vodacom (Pty) Ltd (“Vodacom”) is running the Curve activation competition (the “Competition”) where the customer stands a chance to win a smart phoneamounting to R15 000 (“the Prize”) at the end of the competition.
All participants during the term of the Competition agree to be bound by the following Terms and Conditions:
The Competition is open to all Vodacom customers who purchased a Curve between 7th March and the 6th of May 2021 and who have yet to activate their Curve. The competition will start on the 1st of July (and shall run from 00h01 on the 1st of July 2021 (the “Start Date”) to 23h59 on the 31st of July 2021 (the “End Date”) (“Competition period”).
1. The duration of the Competition may be extended or curtailed at the discretion of Vodacom.
2. The lucky entrants stand a chance of winning a smart phone to the value of R15 000 (inclusive of VAT),
3. Only entries received during the Competition period as stipulated in clause 1 above will qualify as potential winners. The Curve Smart GPS tracker needs to be activated between the Start Date and the End Date stipulated above for the competition in order to gain an entry into the draw.
4. The Competition is only open to natural persons at least 18 years and older. Entries received from business accounts held by legal persons (amongst other Corporates and SMEs, etc.) all employees, representatives and agents of Vodacom, their respective parents and/or affiliated companies, contest suppliers are excluded from participating and winning in the Competition.
5. Any participant under the age of 18 shall present their parent / guardian’s written consent to enter the Competition at Vodacom’s request
6. Only entrants who are using SIM cards that have been RICA registered are eligible to win the Competition. Each owner of a SIM card(s) is responsible to comply with South African law by RICA registering their SIM cards.
7. Employees, directors and agents of Vodacom and all participating stores, their immediate families, life partners, business partners and associates and any person directly involved with the sponsoring, devising, production, management, or marketing of this Competition are not eligible to participate in this Competition.
8. Participants must reside in South Africa and be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 3 (three) months for the Republic of South Africa and valid at the End Date.
9. In the event that the user of the Curve (i.e., the participant in the Competition) is not the person that is responsible for payment of the participating Curve account/ charges, then the prize will be awarded to the person that is responsible for payment of the participating Curve account/ charges.
10. To stand a chance of winning in the Competition, the participant must
10.1.1 Have previously purchased a Curve on a contract deal in the times stipulated in the durations above
10.1.2 Activate their Curve between the 1st and 31st of July 2021.
10.1.3 Be active on the Vodacom network at the time of the draw i.e. post the 31st July 2021
10.1.4 Have an active Curve device on the network post the draw date i.e. post the 31st of July 2021
10.1.5 Have used the cell phone number that the upgrade/new contract Curve deal was performed on to activate the Curve device in the Vodafone Smart App.
11 Participants are allowed to enter multiple times.However, the participant’s chance of winning will remain subject to the rules applying during the Competition period.
12 There are no additional charges for participating in the Competition apart from the standard data costs to upload a valid entry. Standard data costs apply as per the user’s Service Provider and existing price plan for data usage.
13 Vodacom shall not be liable for any costs incurred by the winner/s for entering the Competition or in claiming any prizes, where applicable.
14 The winners will be randomly selected in the first week of August 2021, a week after the End Date (31st July 2021) from all eligible entries who meet all the requirements set out in these Terms and Conditions. The verified winners will be notified telephonically within 7 days after they have been selected and verified as a winner.
15 The winner will be given the option of an Android or iOS device to the value of R15k (not transferable for cash)
16 All the information provided or related to this Competition shall be managed, captured and approved by Vodacom.
17 Vodacom will share personal details of the respective winners, such as name and contact number with Vodacom approved third party service providers for the Competition RAM Couriers for the delivery of the prize to the winner. You hereby agree to such disclosure as is necessary to effect Prize fulfilment.
18 Vodacom and / or its appointed service providers for the Competition will use reasonable efforts to contact the winners on the contact details provided by the participants when entering the Competition.
19 Vodacom and / or its appointed service providers for the Competition shall attempt to contact the winners for a period of 2 (two) normal working weekdays after their names have been drawn and verified as winners. The winners will be contacted during normal working hours, between 8 (eight) in the morning and 5 (five) in the afternoon. Winners will be advised of arrangements in respect of prizes at the time of contacting the selected winners.
20 Should a participant not be available on the contact details provided during the timeframe stipulated above or rejects, forfeits, or declines acceptance of the prize, that person's right to the prize will be deemed to have been waived and the prize will be forfeited. Vodacom reserves the right to then award the prize to the next randomly drawn participant.
21 The claim for any prize will be subject to security and validation, and Vodacom reserves the right to withhold any prize until it is satisfied that the claim by a particular winner is valid. The selected winners must be able to identify themselves, in a manner determined by Vodacom, as the qualifying entrants to the Competition and have to comply with the required validation procedure, determined by Vodacom, in order to claim any prizes, failing which such winner will forfeit the prize and the prize will be awarded to the next selected qualifying entrant.
22 Notwithstanding the fact that the prizes vest in the winners immediately upon the determination of the results, in the event that the required documentation from a particular winner has not been received at the agreed cut-off date communicated to the winner, or no effort is made on the part of any of the winners to make special arrangements to meet the deadline set by Vodacom, such prize will be forfeited. Vodacom then reserves the right to award the prize to the finalist that is next in line.
23 The winners’ name and location will be displayed on www.vodacom.co.za/competition_winners after a period of 2 (two) working days after notification of the winners.
24 Vodacom shall request the winner’s consent in writing to his / her image and/or likeness being used and published by Vodacom in connection with the Competition for a period of 12 (twelve) months after he / she has been announced as the winner. The winner may decline the use of his / her image and/or likeness by Vodacom.
Vodacom shall request the winners’ consent in writing to their image and/or likeness being used and published by Vodacom in connection with the Competition for a period of 12 (twelve) months after they have been announced as winners. The winners may decline the use of their image and/or likeness by Vodacom.
25 No prize is transferable or exchangeable.
26 If a winner cannot accept a prize for any reason whatsoever, the Prize will be awarded to the next selected entrant.
27 All risks and ownership of the Prizes shall pass to the winners on transfer thereof and hence all of Vodacom’s obligations in regard to the Competition as well as in regard to the Prizes shall terminate.
28 User data collected via the Competition will not be used for any other purpose than for execution of the Competition.
30 Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit, or avoid any rights or obligations, as the case may be, created for either the participant or the promoter in terms of the Consumer Protection Act, 68 of 2008 ("CPA").
31 The judges’ decision on any aspect of the Competition including the allocation of the prizes will be final and binding and no correspondence will be entered into.
32 In the event of a dispute in regard to any aspect of the Competition and/or the Terms and Conditions, Vodacom’s decision will be final and binding and no correspondence will be entered into.
33 Vodacom may refuse to award a Prize if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. Vodacom is entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they are rejected.
34 Vodacom and/or any other person or party associated with the Competition, their associated companies, agents, contractors and sponsors and any of its personnel involved in the Competition, shall not be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the Competition or from claiming the prize.
35 Vodacom is not liable for any technical failures affecting participation and / or Prize redemption process of the Competition. In addition, neither Vodacom nor its agents shall be responsible for any loss or misdirected entries, including entries that were not received due to any failure of hardware, software, or other computer or technical systems affecting participating in and/or the prize redemption process of the Competition.
36 Vodacom, its directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties, guarantees or undertakings given by any person other than Vodacom itself.
37 If Vodacom is required by law to alter or cancel any aspect of the Competition or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the Competition being offered, with immediate effect and without notice. In such event all entrants hereby waive any rights which they may have against Vodacom and its associated companies, agents, contractors and/or sponsors.
38 All information relating to the Competition which is published on any marketing material will form part of these Terms and Conditions. In the event of any conflict between such marketing material and these Terms and Conditions, these Terms and Conditions shall prevail.
39 The Competition is also subject to, and must be read in conjunction with, Vodacom’s existing terms and conditions applicable to its website and mobile site respectively: