Terms and Conditions: Vodacom live! Video Service Terms & Conditions
All participants, by entering the Competition, agree to be bound by the following Terms and Conditions:
Your Acceptance of these Terms and Conditions
a) To use or have access to the Service, you must be an active Vodacom subscriber.
b) Use of the Service is for smartphones only.
c) Use of the Service may require funds, or a sufficient data balance to be available on your applicable price plan.
d) The Service may only be used within the designated Vodacom live! Video service mobi site.
e) When using the Service, Vodacom reserves the right to charge for the content being viewed / downloaded and / or the data charges required to deliver the Service.
f) Notwithstanding e) above, Vodacom also reserves the right to offer the Service for zero data charges on a limited basis. Where this applies, Vodacom will communicate this to you via the available channels as reasonable.
g) Your mobile data will need to be switched on in order to view, or download the content.
h) Not all content will be available via live stream, on-demand stream or on-demand download. You acknowledge that this depends on the rights made available to Vodacom for the specific event.
i) This Service is for personal use only and not for commercial use. All the videos are owned by the respective copyright owners and by viewing or downloading them, you do not obtain any right to share the videos with other users peer-to-peer, broadcast or other means.
j) Some of the content is subject to time-based rights and regulations imposed by the content owners and therefore will be subject to removal following expiry of the time-based rights and regulations.
k) Vodacom shall use reasonable skill and due care in providing the Service, but does not guarantee that any content you may store or access through the Service will not be subject to unintentional damage, corruption, loss or destruction, or removal in accordance with the terms of this agreement. Vodacom does not accept responsibility or liability should any such incident occur. Vodacom may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content.
l) The Service is available to Vodacom’s Prepaid, Postpaid and TopUp customers.
m) The Service is unavailable for any users who are roaming.
n) Vodacom reserves the right, in its discretion or that of its partners, to restrict, suspend or terminate your access to 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.
o) You acknowledge that Vodacom may appoint third party companies and individuals to facilitate the Service (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Vodacom not to disclose or use it for other purposes.
p) You acknowledge that the Service may carry advertisements that enable Vodacom to be able to provide the Service. As such, you acknowledge, whether registered or not, that you will be exposed to banner, text or other in-Service advertising and promotions media. Should you not wish to view such advertising while using the Service, please do not register and use the Service.
q) Through the Service, we may occasionally offer you the opportunity to enter into competitions, 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.
r) These Terms and Conditions apply to all users of the Service, including users who are also contributors of information, and other materials or services on the Service. 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.
a) In order to use the Service, you will be asked to register and accept these Terms and Conditions.
b) Should you not wish to register or accept the Terms and Conditions, you may not use the Service.
c) You may stop using the Service at any time. You may deregister from the Service by using the applicable prompts on the Service’s mobi site.
d) 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.
e) You acknowledge that the Service is locked and unavailable for access unless you register.
f) 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.
g) Registered users may deregister (“quit”) at any time via the Service menu. When deregistering from the Service, you accept that your registration record and any preferences therein will be destroyed. Should you wish to re-register, you will be required to re-enter any information and preferences accordingly as relevant.
h) You acknowledge that your registration details will be retained for use in future iterations of the Service, and that you will be engaged to continue using the Service as applicable for other event based video services, as well as competitions and promotions related to the Service. Should you not wish to participate or use future iterations of the Service, you may deregister at any time.
i) If you leave the Vodacom network, or change your mobile number, you will be unable to access the Service, unless you register a new profile (only where a new mobile number is on the Vodacom network).
- Limitation of Liability
a) You agree that your use of the services 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 errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the 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 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 warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.
- Privacy and Data Protection
Collecting your personal information
b) We can get your personal information when you use this Service. In the case of the use of the Service your personal information is collected for the purpose of being used and processed in:
• personalising the Service to your respective preferences;
• for the serving of appropriate, tailored advertising to you via the Service;
• for the purpose of tracking the Service’s performance;
• troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time;
• for use in devising additional enhancements or improvements to the Service; and
• statistical tracking, redundancy and audit purposes.
c) The above data will not be shared with other users of the Service. However, Vodacom further may collect your information in terms of clause (h) and (i) below.
d) We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. We may also collect information about you from other companies, our business, or joint venture partners.
Understanding what you want
f) This, in turn, helps us make our 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.
The personal information we collect
h) The information we collect about you depends on the Vodacom and Vodafone products and services you use and subscribe to. It includes (but is not limited to) the following:
• your name, gender, date of birth, home language, address, and email address;
• your preferences for particular products, services or lifestyle activities when you tell us what they are – or when we assume what they are, depending on how you use our products and services;
• your contact with us – such as a note or recording of a call you make to one of our contact centres, an email or letter you send to us or other records of any contact you have with us;
• your account information – such as phone number, handset type, handset model, whether you are a post or prepaid customer, dates of payment owed and received, TopUp information, the subscription services you use or any other information related to your account.
i) We will also get information on how you use our products and services, such as:
• the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from);
• the date, time and length of the calls and messages you send or receive through our network, and your approximate location at the time these communications take place;
• the level of service you receive – for example, network faults and other network events which may affect our network services;
• your website browsing information (which includes information about the websites you visit, and about how you use our website or other Vodafone Group websites on your mobile or a PC;
• the date, time and length of your internet browsing, and your approximate location at the time of browsing;
• your brand preference, preferred video categories, related preferences (e.g. team choice); and type of services you typically access.
Using your personal information
j) We may use and analyse your information to:
• process the goods and services you have bought from us, and keep you updated with your order progress;
• keep you informed generally about new products and services (unless you choose not to receive our marketing messages);
• provide the relevant service or product to you. This includes other services not included in this terms and conditions, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product;
• contact you with offers or promotions based on how you use our products and services. These include your calling and messaging activities, location information and browsing information (unless you choose not to receive these messages – see below on ‘How to opt-out’;
• send you targeted and relevant messages, based on your behaviour, permission and preferences. From time to time, we will send you a range of different messages, from Vodacom as well as brands, to keep you informed or simply for you to tell us what you are into. These are not just offers and promotions but messages from your favourite brands including new products, discounts, limited offers, gifts and more. It works by using information about you to send you targeted messages relevant to you;
• bill you for using our products or services, or to take the appropriate amount of credit from you;
• respond to any questions or concerns you may have about using our network, products or services;
• let you know about other companies’ products and services we think may interest you (including offers and discounts we’ve specially negotiated for our customers);
• protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times
• understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you;
• carry out research and statistical analysis including to monitor how customers use our network, products and services on an anonymous or personal basis;
• prevent and detect fraud or other crimes, recover debts or trace those who owe us money;
• provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual).
k) The information we use will be your approximate location, based on the nearest mobile cell site. As a result, this will change as you move around with your mobile phone.
l) We will store your information for as long as we have to by law. If there is no legal requirement, we will only store it for as long as we need it.
Sharing your personal information
m) We may share information about you with:
• 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);
• partners or agents involved in delivering the Services;
• companies who are engaged to perform Service for, on behalf of Vodacom (Pty) Ltd including Vodafone Limited, or the Vodafone Group;
• where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
• debt collection agencies or other debt recovery organisations;
• law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;
• emergency services (if you make an emergency call), including your approximate location.
n) 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.
o) If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
p) 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.
q) 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
r) 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.
s) 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’ve authorised them to. These organisations will not be entitled to use your personal information for their own purposes. If necessary, our security teams will check them to make sure they meet the security requirements we have set.
t) 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.
How to opt-out
u) You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post.
v) You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post).
w) You will still receive communication related to changes in the Service, your subscription and new content available even after opting out.
x) You can choose to opt out of partner marketing communications by sending an sms with STOP to 1155.
Terms and Conditions: Tennis SA / Vodacom Competition
Tennis South Africa (“TSA”) in conjunction with Vodacom (Pty) Ltd (“Vodacom”) is running a Davis Cup competition (“the competition”). Participants in the competition are required to register on Vodacom live!, which will be providing the stream for the Davis Cup tennis event being held at Irene Country Club, Pretoria, South Africa from the 3rd to the 5th February 2017. One lucky participant will win a Samsung S7 Smartphone kindly sponsored by Samsung as a result of registering and complying with the Terms and Conditions below.
All participants agree to be bound by the following Terms and Conditions:
- The competition runs from the 1 February to the 5th February 2017, both days inclusive. Only one person will get to win the prize.
- The prize is a new Samsung S7 Smartphone, sponsored by Samsung, as sourced by Vodacom.
- To stand the chance of winning the prize as part of the competition, participants must complete a registered profile on Vodacom live! Davis Cup page - http://live.vodacom.co.za/vlive/portal_page_daviscup and accept these Terms and Conditions.
- Registration is free to users.
- Only one completed registration applies per MSISDN and is considered a valid entry.
- A participant may register as many MSISDNs as they wish, but doing so does not guarantee the participant as the winner of the prize.
- Participants must still be registered by 18h00 on the 6th February 2017 in order for the entry to remain valid.
- The winner will be selected by means of a random draw selection after the end date of the Competition, from all eligible entries which meet the requirements set out in these Terms and Conditions. The first eligible, qualifying entry drawn will win the prize.
- The winning participant will be contacted telephonically on the contact details provided, during hours (08h00 to 17h00) from the 15 February to 28 February 2017 after his or her name has been drawn and verified as a winner.
- The prize is not transferable and may not be used in conjunction with any other competitions.
- The prize cannot be redeemed for cash in part or whole and is non-refundable, non-transferable and non-exchangeable.
- 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.
- Vodacom may refuse to give any prize if the qualifying 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 /withhold any prize for any reason.
- Tennis South Africa and Vodacom will not be obliged to notify participants that they are rejected.
- In order to effect arrangements required for the fulfilment of the prize in terms of this competition, Vodacom shall provide the participants’ personal information, such as name, contact number to a Vodacom approved employee for distribution of a competition and you hereby agree to such disclosure as is necessary to effect the delivery of the prize.
- All risks and ownership of the prize shall pass to the winner on transfer/delivery thereof and hence all of Vodacom’s obligations in regard to the competition as well as in regard to the Prize shall terminate. Vodacom will advise of delivery and/or collection arrangements in respect of the prize at the time of contacting the selected winner.
- Should a participant not be available on the contact number during the timeframe stipulated or reject, forfeit or decline 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 selected entrant.
- If the winner cannot accept the prize for any reason whatsoever, the prize will be awarded to the next selected entrant.
- Neither Tennis South Africa, nor Vodacom 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 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.
- In addition, neither Tennis South Africa, nor Vodacom nor its agents shall be responsible for any loss or misdirected qualifying purchases, including entries that were not successful due to any failure of hardware, software, or other computer or technical systems.
- Employees, directors and agents of Tennis South Africa, Vodacom, their immediate families, life partners, business partners and associates and any person directly involved with the devising, producing, managing or marketing this competition are not eligible to participate and win in this competition.
- If Tennis South Africa or Vodacom are 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, will have the right to terminate the competition being offered, with immediate effect and without notice. In such event all participants hereby waive any rights which they may have against Tennis South Africa, Vodacom and their associated companies, agents, contractors and/or sponsors.
- 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.