1 The terms of this agreement (“terms and conditions’) govern the relationship between you and Vodacom and its Affiliates (hereinafter “Vodacom” or “Us” or “We”) regarding your use of the Vodacom Video Play Service and related service features (the “Service”) as defined herein.
3. Please read through these terms and conditions carefully and note that capitalised words have special meanings - see the 'Definitions' section. You agree that you are responsible for compliance with these terms and conditions by anyone who uses the Video Play Service in your household or who has access to the Video Play Service associated with your account.
5. Other terms and conditions may apply to your use of the Video Play Service, including:
5.1. terms and conditions which cover any new services, competitions, Vodacom Additional Paid Video Play Services; and/or
5.2. third party Content offered to you as part of the Service.
6.1. Register or Activate – when we accept your registration request and activate your Vodacom Video Play profile so that you are able to access the Video Play service;
6.2. Activation Date – the first date on which the Vodacom Video Play service is made available to you;
6.3. Content – audio-visual and audio media such as movies, series and music, third party services and applications, information and/or other services accessible through the Video Play Service via your Video Play Application (“App”) or the Video Play internet website– see the “Video Play application (the “App”), Video Play website (the “Web service”) and general access” section of these terms and conditions below;
6.4. Intellectual Property Rights - include all intellectual property rights of whatsoever nature and however embodied, including (without limitation) copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such Intellectual Property Rights;
6.5. Subscription Charges - the daily, weekly and/or monthly amount we charge you to access the Video Play subscription package that you have chosen;
6.6. Subscription Video Play Services– Video Play Content distribution service whereby (i) the viewer is able to access individual Content or blocks of Content for selection and viewing at start times solely determined by the viewer at his/her discretion; and (ii) the viewer purchases a subscription for the right to receive and view such Content (as opposed to a separate transactional fee for the right to view each individual Content title);
6.7. Territory – means the Republic of South Africa;
6.8. Rental Charges – the amount we charge you for a Video Play service that you have chosen to rent on a once-off basis;
6.9. Rental Video Play Services - means a Video Play Content distribution service whereby the viewer is able to receive an individual Content (as distinguished from an entire programming service, or Content channel) (i) for viewing at start times solely determined or selected by the viewer; and (ii) the viewer is required to pay a separate fee for the right to view each such viewer-selected Content;
6.10. Video Play Additional Paid Services – are optional services (whenever available) which may be provided by third parties and/or Vodacom which may be charged in addition to your Video Play Subscription Charges and which may be cancelled at any time.
6.11. Video Play Application/ App – the Android compatible mobile or tablet application developed and owned by Vodacom which allows you to access and enjoy the Video Play Service;
6.12. Video Play Website – the PC and mobile device browser version of Video Play developed and owned by Vodacom which allows you to access and enjoy the Video Play Service;
6.13. Video Play Service/ The Service – the audio-visual multi-media service provided to you by Vodacom which allows you to access and enjoy Content via the Video Play App/ internet web/ user interface and where applicable the Vodacom Additional Paid Video Play Services
Video Play application (the “App”), Video Play Website (the “Web service”) and general access
7. You can access Video Play via your web browser using the URL: video-play.vodacom.co.za or by downloading the App via the Vodacom App Store and/or the Android app stores. The App and Web service gives you access to loads of local and international television shows, movies and series available on smartphones, tablets and Smart TV’s and allows you (and any Additional Users) to watch via, stream or download (App only).
8. The Video Play app supports Android devices for Android 4.5 and upwards. The web version can be accessed from a desktop/laptop or mobile browser (self-care only) that supports Internet Explorer, Firefox, Chrome and Edge.
9. The Video Play app and Website is continuously being improved and therefore features and functionality may change, and/or be removed, from time to time without notice.
10. The Video Play service and its associated content is only available for consumption in the Republic of South Africa.
11. To access and use the Video Play Service you must:
11.1. be a Vodacom subscriber with a valid Vodacom cellphone number, who is 18 (eighteen) years of age or older,
11.2. have registered a Video Play profile, (to create an account please visit video-play.vodacom.co.za if you do not have such an account already);
11.3. have a correctly registered device that is compatible with the Video Play service;
11.4. have a maximum of five simultaneously active registered devices per user profile with two devices available for concurrent stream. Each user profile is restricted to one device substitution per month. You may manage their devices the My Account section on web.
12. The Video Play Service does not automatically apply watershed rules. You acknowledge and accept that Vodacom holds no responsibility for ensuring that where a minimum age recommendation is provided for Content, that Content is not viewed by persons under the minimum age. You acknowledge and accept that parents should exercise their own parental control to ensure that any Content watched by their children is suitable. Vodacom and its content partner’s rate content according to the Films and Publication Board (“FBB”) standards. For a detailed breakdown on individual ratings, please see the Film and Publication Board classifications website. Video Play Content rating serves as a protective measure to shield children from being exposed to inappropriate, offensive or harmful adult content. While the Video Play Service provides access to a range of content categories, certain content may be subject to age restrictions, contain strong language or other material which may offend sensitive viewers or be inappropriate for younger viewers. Vodacom and its content service partners will attempt to provide appropriate audience guidelines relating to the Content, it is the responsibility of the user to heed those warnings and act responsibly.
13. You must ensure that specific user names and passwords to access the Video Play service are under your full control. You may never use another person’s account without permission. You are solely responsible for the activity that occurs on your Vodacom Video Play account and you must keep your login credentials secure. You must notify us in case of a breach of security or unauthorized use of your Vodacom Video Play account and/or log-on credentials.
14. You and any of your authorised additional users must not access or use the Video Play Service for any improper or unlawful purpose and you will not allow anyone else to do the same.
15. While a wide selection of content is available to view in your App or via the Website, we may be required to block out specific content from time to time. This is due to third party content and studio license restrictions which may prohibit the service from being utilized outside of any predetermined license period or South Africa.
16. The App and Website requires an active Internet connection to access any content. However, content delivered through the App is delivered over the Internet connection of the device you are using. Vodacom cannot guarantee the quality or stability of your Internet connection, and a poor or inconsistent Internet connection may impact on the quality of the content being presented through the App or Website
Term and Download Rules
17. The Video Play Service which we provide to you will consist of Subscription Video Play Services and Rental Video Play Services).
18. Subscription services have a daily, weekly, monthly term (“Minimum Period”) which starts on the Activation Date or any other date agreed between us. Whilst Rental services are available for 48 hours from the point of purchase or whichever term the third party content provider license allows.
19. At the end of any Minimum Period:
19.1. daily, weekly and rental purchases do not auto-renew however you may renew your service subscription if you wish to do so
19.2. downloads related to the subscription or rental period will expire from the App download manager
20. Subscription download rules
20.1. only specific titles can be downloaded;
20.2. download and streaming are both seen as concurrent streams, for which the limit is 2 title;
20.3. the number of titles that can be simultaneously downloaded across all of the users registered devices is restricted to 25;
20.4. the same title can only be downloaded on two devices simultaneously;
20.5. the same title can only be downloaded twice (within the same account) during its License Period;
20.6. Content will be automatically deleted at the earlier of:
(a) forty-eight (48) hours from the start of the first viewing;.
(b) thirty (30) days from the initiation of the Download;
(c) the end of the License Period; or
(d) the end of the Subscription Period (be that 24 hours, 1 week or a month);
21. Rentals download rules-
21.1. a rental can only be downloaded on a single device in the rental period;
21.2. download and streaming is seen as concurrent streams, for which the limit is 1 title;
21.3. once downloaded, the same rental cannot be streamed on the same device;
21.4. Rental downloads do not count towards the 25 subscription maximum limit
21.5. the rental period will end at the earlier of the following options:
(a) forty-eight (48) hours from the start of the first viewing;.
(b) the end of the License Period.
22. To opt-out of the Video Play Service, you must log out of the Video Play Service on all registered devices and uninstall the application. Should you be inactive from the Video Play Service for 90 consecutive days you will be considered deregistered. You accept that your old profile and preferences will be retained for the duration as determined by Vodacom, for the purpose of audit trail, and to the extent required by law.
Supply of the Video Play Service
23. Vodacom endeavours to provide high quality Service without interruptions. However, you understand that we cannot promise that the Service will always be accessible, continuous or free of faults. There may be times when all of, or certain features, parts or Content displayed may be unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any Content, or any features, parts or Content of the Service or failure to make available any advertised Content title or to do so at the advertised time.
24. We will always do what we can to make sure the Service is accessible by you and our other users and we will endeavour to provide a high quality service without interruptions. Nonetheless, we cannot promise that the Service will always be accessible, continuous, secure or free of faults or errors. Your Service may be affected and/or disrupted by circumstances that are outside of our control. For example, you may suffer disruption due to extreme weather conditions; your internet connection; the availability and quality of Content.
25. This Service is for private, domestic non-commercial use in your single, private dwelling in the Territory only and must not be used to broadcast Content to the public or for any business or commercial purposes or on any business or commercial premises. The Service is only provided for private, personal and non-commercial use and you do not have the right to distribute or otherwise stream the content from any mobile device, tablet device or personal computer. You do not have the right to (directly or indirectly) charge viewers a fee for viewing the Content or any supplementary and/bonus services which we may provide from time to time and which you access through Service. In the event that you are found to be in breach of this Clause, Vodacom reserves the right to disable, alter, suspend or terminate the provision of the Service with immediate effect. Furthermore Vodacom reserves the right to bring civil action against you where you are in breach of this Clause.
26. The access to the Content that we provide as part of the Service may vary across geographical locations and we reserve the right to implement geo-blocking technology to limit, restrict or block any access and/or use of the Service outside of the Territory in order for us to comply with our obligations to our Content providers.
27. We may change the method of delivery, the format and Content which forms the Service from time to time. You agree that your use of the Service, to the extent permissible by law, on an 'as is' and 'as available' basis and at your sole risk.
28. Customers who access the Service using their Smart TV, will be responsible for ensuring that they have a valid television licence and Vodacom shall not be responsible for validating such licences.
Your Internet Connection and Minimum Requirements
29. In order for you to receive the Service, you must ensure that you have an internet connection which has a speed equal to or greater than 4Mbps or 3G mobile network connection. This is the mandatory minimum internet connectivity requirement necessary in order for you to access a quality Service.
30. In order for you to receive the Service, you must ensure that the device you use to access the Service is always connected to your internet service. In order for you to be able to fully enjoy all of the Video Play Service, you understand and acknowledge that the Service uses your internet connection for many reasons, including but not limited to, software updates, collecting metadata, evaluating how you use your account and access Content. In order for you to receive the Service, you must allow us to access details of your customer account information, including your customer reference number, which you use for receipt of the Service and you must allow us to collect information and data through your customer account information and your device in order for us to provide the Service to you. Where such information is Personal Information as defined in the Protection of Personal Information Act no. 4 of 2013 (PoPi), Vodacom will hold and process such data in accordance with PoPi and clauses 37 to 50 of these terms and conditions.
31. If you do not maintain an internet connection which is at least as fast as our mandatory minimum speed, outlined in Clause 29 above, or if your internet connection is or becomes unavailable, interrupted or if you have broadband data caps applied, we are not responsible or liable for any loss or damage that you may incur or for any deterioration in the quality of, or your ability to fully access and enjoy the Video Play Service.
32. You agree that you are at all times responsible for ensuring that your Service account details are fully up to date.
33. You agree that you are responsible for keeping all usernames, PINs, One-Time Pins and passwords secure and private at all times and understand that you should not in any circumstance give your security pin numbers, passwords to any third party (unless you are happy for them to use your account and to incur additional charges on your account).
34. Please contact us immediately on 082 111 if you suspect or become aware of any:
34.1.1. violation of the security on your account;
34.1.2. breach of the security software on the Service;
34.1.3. unauthorised use of your Service; or
34.1.4. other breach or suspicious performance on the Service.
35. If we suspect or detect any illegal activity on your Service account, including for example the avoidance of digital management systems, then we may report the activity to the police and we shall take any other action which we deem to be reasonably necessary in order to ensure the security of the Service.
36. You agree that you are at all times responsible for ensuring that any updates to the Service/App are installed as soon as possible following their release by Vodacom or by any third party Content provider authorised by Vodacom.
38. We may use your information for the following purposes, including but not limited to: manage your account, provide you with the Video Play Service which you have requested, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us; monitor the quality and security of the Service/ App, our network and test and maintain our IT systems; review how you use the Service / App for any other purposes such as carrying out research for content recommendation engines or statistical analysis and for marketing related purposes. In doing so, we may review how you use the Service, such as your browsing habits. We may monitor and analyse when or how frequently you access certain Content in the Video Play Service.
40. This, in turn, helps us make our Video Play website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again. See the next section for more details.
Sharing your personal information
43. We may share information about you with:
43.1. companies in the Vodacom and Vodafone Group (Vodafone Group Plc and any company or other organisation in which Vodacom owns more than 15% of the share capital);
43.2. developers, companies, partners and/or agents involved in delivering the Services;
43.3. where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
43.4. debt collection agencies or other debt recovery organisations;
43.5. law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;
43.6. emergency services (if you make an emergency call), including your approximate location.
44. We will release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.
45. If we are re-organised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
46. We may need to transfer your information to other group companies or service providers in countries outside South Africa. This may happen if our servers or suppliers and service providers are based outside South Africa, or if you use our services and products while visiting countries outside this area.
47. At your option, we may also share your information with partner organisations we’ve chosen carefully, so they can contact you about their products and services.
Keeping your personal information secure
48. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.
49. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we will make sure they have appropriate security measures and only process your information in the way we have authorised them to and with your consent. These organisations will not be entitled to use your personal information for their own purposes. If necessary, our security team will audit them to make sure they meet the security requirements we have set.
50. Communications over the internet (such as emails) are not secure unless they have been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.
Third party Content providers
50.1. In relation to any links to other Content providers specific services (where available), you understand and agree that Vodacom is not the Content provider's agent and the inclusion of general third party links on the Video Play Service does equate to access or entry to the third party provider services.Vodacom shall not be responsible for dealing with any issues relating to the service, its contents or subscription once you connect to the Content provider directly.
51. Except in respect of any Vodacom products and services which we provide to our customers, you accept that we have no responsibility over any content provider’s third party companies so cannot be liable for any form of loss or damage incurred as a consequence of you dealing directly with Content providers or third parties while using the Service.
Charges and Payment
52. All charges and other payments due to Vodacom shall be paid in full by the Customer by the due date for payment set out in the Vodacom invoice if you are a Vodacom Post-Paid Subscriber. In the event that you are a Vodacom Pre-paid subscriber, you are responsible to ensure that you have sufficient funds in your Vodacom Pre-paid Subscriber account to cover the costs of the Content which we will deduct from your Vodacom Pre-paid Subscriber account. Vodacom reserves the right to contact the Customer directly by email, by post or by telephone in relation to overdue payments.
53. You must ensure that your Vodacom Post-paid Subscriber account is not in arrears, suspended or inactive as this may affect your access to the Service.
54. You agree that you are liable for any charges applicable to use of the Service whether you or anybody else (with or without your permission) incur those charges. If you become aware of any unauthorised and/or fraudulent use of the Service by someone else, you must notify us as quickly as you can. Please note, if you fail to notify us of any unauthorised use of the Service once you become aware, we will not be liable for any losses which you may incur and you may be liable for such charges.
Maintenance of the Video Play Service
55. We may make changes to the Web Service/ App at any time for various reasons, including but not limited to maintenance, upgrades, fixing errors, improving security and/or as a result of legal or regulatory requirements. These changes will usually take place without affecting your ability to access the Web Service/App and we will try to ensure that we do so out of peak viewing hours, with downtime kept to a minimum. However, as a result of these changes, you may lose access to some or all of your Web Service/ App but we will always try to fix this as quickly as possible. We will not be liable for any loss of access to the Web Service / App you may suffer from the temporary loss of access.
Intellectual Property Rights
56. You must not use any Content, branding or Intellectual Property Rights of Vodacom, Content providers or third party suppliers without obtaining written consent in advance.
57. You must not use the Service or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party.
58. You must not reproduce, modify, copy, perform, transmit or commercially exploit the Content in any manner whatsoever and no Content delivered to a device and/or Smart TV may be redistributed or copied from that device and/or SmartTV.
59. All Intellectual Property Rights, including all rights, title and interest in and to the Service and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
60. You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the Service and/or the Content other than the limited, non-exclusive, non-transferable and revocable licence to use the Service in accordance with these terms and conditions.
61. Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Ending this agreement, Suspension of the Service and amendment of terms and conditions
62. Suspension: Sometimes but only when it is necessary, your Service may be suspended or limited. The reasons for this may be technical, mechanical, operational, security, legal or regulatory and we will restore your access quickly as we can. We will not be liable for any losses you suffer from any such suspension or limited access.
63. In addition to our rights to suspend and/or terminate the Service for technical, mechanical, operational, security, legal or regulatory reasons, we can suspend or restrict your use of any part of the Service we or our Content providers suspect or detect that your Smart TV or device(s) is avoiding or likely to avoid any digital rights management systems that protect the copyright of the Content provided to you on the Service/ App.
64. We will try to tell you in advance when we suspend or restrict your use of the Service, but we do not have to.
65. Without prejudice to any other term, we may end this agreement, in part or in full, at any time by writing to you if:
65.1.1. you do anything (or allow anything to be done) which we think may damage or affect the operation of our network;
65.1.2. a Content provider or third party informs us that you are not complying with their terms and conditions;
65.1.3. within seven (7) days of us asking you in writing to do something fundamental that you have to do under this agreement (for example, pay the charges when they are due); or
65.1.4. we are permanently unable to provide the Service or any material part of the Service to you.
66. When this agreement comes to an end:
66.1. we will disable access to the App or your web access to the Service and all related Content (including downloads);
66.2. subject to payment of the third party charges set out in this agreement which may appear on your bills following the end of this agreement, you will have to pay all charges you owe (including any charges for third party services) following receipt of a bill;
67. Amendment: We reserve the right to amend or modify these terms and conditions at any time and will post the amended or modified terms and conditions. Terms and Conditions can be found on the Video Play website. In this regard, it is important that you regularly check the Vodacom Video Play website.