Vlive - Terms and Conditions

<h3>Terms and Conditions of Use</h3>Vodacom is the provider of the Vlive platform ("Vlive"), in its various formats accessible via mobile and desktop/laptop devices. Vlive is a platform that hosts various content services that can be accessed individually by customers based on what a customer chooses to subscriber to on Vlive ("Service(s)"). The terms of this agreement ("Terms and Conditions") govern the relationship between you and Vodacom and its affiliates) (hereinafter "Vlive" or "Us" or "We") regarding your use of Vlive and related Services on Vlive. Use of Vlive is also governed by <a href=" https://www.vodacom.co.za/vodacom/privacy-policy/terms">Privacy Policy</a> which is incorporated herein by reference. 1. Your acceptance of these Terms and Conditions 1.1 Please read these Terms and Conditions and the <a href="https://www.vodacom.co.za/vodacom/privacy-policy/terms">Privacy Policy</a> carefully before using Vlive and/or any of the services therein. By using Vlive and/or any of Service therein or submitting information on Vlive, you are agreeing to these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use Vlive or any Services therein. 1.2 We reserve the right, at any time, to modify and update these Terms and Conditions by posting such updated Terms and Conditions on Vlive website. Any such updates shall apply to you and your use of Vlive and the Services therein. By continuing to use Vlive, you shall be deemed to have accepted such changes. 1.3 Please note that VIive makes use of API's to Youtube for videos and is therefore governed by the YouTube Terms of Vlive and the Google Privacy Policy, please refer to the YouTube Terms of Vlive and Google Privacy Policy here. 2. Access to the VlIve 2.1 As a Vodacom subscriber, Vlive is made available to you exclusively free for browsing without incurring any data charges (browsing is zero rated), independent of your balance status. To access Vlive, you need to be connected to Vodacom's data network. VlIve will not be available whilst you are roaming out of South Africa. 2.2 You can access Vlive on URL: <a href="https://live.vodacom.co.za/za">https://live.vodacom.co.za/za</a> or on the Vodacom website under the discovery banner to access Vlive. To access and use the Vlive you must be 18 (eighteen) years of age or older. 2.3 Both Vodacom and non-Vodacom customers can browse on Vlive without registering but only Vodacom subscribers can register to access different Services available on Vlive on a subscription basis. For the avoidance of doubt, subscription/registration for Services on Vlive is on a per Service basis and you will need your mobile number to register/subscribe to a Service. On registration/subscription you may have to accept additional terms and conditions applicable to specific Services you are subscribing to. 2.4 Once registered to use a Service on Vlive, 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. These messages include, but are not limited to: a) Periodic messages to encourage you to browse or access Services on Vlive, or inform you of various features on the specific Services, new or existing; b) Messages inviting you to try alternate versions of the Service based on our knowledge of the device you are using to access Vlive; c) Confirmation messages relating to your registration or deregistration for the Service, and/or when you purchase / subscribe / unsubscribe to any premium services available on the Service. 2.5 We grant you permission to use Vlive and its Services, in accordance with these Terms and Conditions, provided that: a) your use of Vlive is only for your personal, non-commercial purposes; b) you do not copy or distribute any part of Vlive in any medium; c) you do not modify or reverse engineer any part of Vlive; and d) you comply with these Terms and Conditions. 2.6 You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit Vlive, in whole or in part, outside of the specific usage rights granted to you by Vodacom. 2.7 We may change, suspend or discontinue all or any aspect of Vlive at any time, including the availability of any specific features. In such event, we shall not be required to provide benefits or other compensation to Subscribers in connection with such discontinued Vlive, or any discontinued parts thereof. 2.8 You acknowledge that from time to time, Vlive's availability may be limited due to maintenance, upgrade or other technical reasons as relevant. 2.9 To the extent allowed by law, Vlive is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied. We do not warrant that you will be able to access or use Vlive on any device, or any time or location, or that Vlive will be uninterrupted or error-free. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any Content, or any features, part of or Content of Vlive or failure to make available any advertised Content title or to do so at the advertised time. 2.10 You acknowledge that we may appoint third party companies and individuals to facilitate the provision of Vlive. These third parties have limited access to your information only to the extent necessary for the performance of Vlive and not to disclose or use it for other purposes. 2.11 These Terms and Conditions apply to all users of Vlive and the Services therein, including users who are also contributors of information, and other materials or Vlive. Vlive may also 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. By using our Vlive, 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 Vlives. 2.12 You agree to use the Vlive in good faith and in accordance with all applicable laws. Refraining from using the Vlive for illegal purposes, or in a manner that is contrary to any applicable laws, harms the rights and/or interests of others, or in any way damages, disables Terms, or overburdens or impairs the Vlive. 2.13 You shall abstain from obtaining or attempting to obtain information, messages, graphics, pictures, sound files and / or images, photographs, recordings, software and generally any kind of material accessible using means or other than that which the Vlive provides. 3. Fees and Payment Terms 3.1 You acknowledge and accept that a Service(s) require payment on a once-off or subscription basis, as applicable. 3.2 Depending on the chosen payment option for the Service(s) you may be billed ad-hoc, daily, weekly, or monthly for specific Service(s) that you register/subscribe to on Vlive. Subscription and usage is voluntary and occurs via the Service. The charges for the Services is subject to change, at Vodacom's, or the relevant third party content owner's discretion. Any changes therein will be communicated to subscribers with reasonable notice and you will be afforded the option to unsubscribe. 3.3 Payments for the Service(s) will be levied against the payment method of your choice on the Service. a) When paying via your Vodacom mobile bill, the charge will be taken from your prepaid airtime balance (for TopUp and prepaid users), or added to your account (for postpaid users). b) No refunds will be allocated for partial use of the Service 3.4 You will always be advised of the fees payable for the Service and you must first accept the cost prior to subscribing. 3.5 When using video content, you acknowledge that the quality of the playback of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats. You are responsible for all Internet access charges. 4. Limitation of Liability 4.1 You agree that your use of Vlive and its Services is 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 Vlive and your use thereof. We make no warranties or representations about the accuracy or completeness of Vlive Services content or the content of any websites or Service linked to Vlive and assume no liability or responsibility for any: a) errors, mistakes, or inaccuracies of content; b) personal injury or property damage of any nature whatsoever resulting from your access to and use of Vlive or its Services; c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; d) any interruption or cessation of transmission to or from Vlive; e) any bugs, viruses, trojan horses or the like which may be transmitted to or through Vlive by any third party; or f) 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 Vlive. We do not warrant, endorse, guarantee, or assume responsibility for any product or Vlive advertised or offered by a third party through Vlive 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 Vlive. 4.2 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 licensor 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 Vlive or its content, or any Service described or provided through the Vlive. 4.3 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: a) any use or alleged use of the Vlive by any other person, whether or not authorized by you; b) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and c) your violation of any law; or d) your use of or inability to use the Vlive, the contents, any hyperlinked website, and any of the Services made available on Vlive. 5. Privacy and data protection 5.1 For the purpose of Vlive we will collect information on your MSISDN, name and preferences. This information will be shared with Mondia Media (Pty) Ltd, our appointed service provider for Vlive and maybe transferred across the border in order to enable the provision of Vlive and its various Services. The <a href=" https://www.vodacom.co.za/vodacom/privacy-policy/terms">Vodacom's Privacy Policy</a> shall apply in addition to these terms and conditions. 6. List of Services currently on Vlive These services may be subscribed to individually and are subject to additional terms and conditions that are available on Vlive as part of the Service registration/subscription process. 6.1 Video on Demand Service a) This is a recurring weekly subscription to video channels whereby a consumer can watch unlimited video content per channel. 6.2 Horosco-ME a) This is a premium recurring subscription service where customers can receive daily notifications of their horoscope. Users who wish to receive daily notifications must provide their email address or mobile number. Alternatively you may access your horoscope on the mobile site. 6.3 Chat Services (Lerato Local and Love Bundle) a) Lerato Local and Love Bundle are recurring subscription Services to chat Service whereby a consumer can access chat sites. These Service are available to users nationwide. b) In the event that Vodacom is unable to bill for the full subscription fee for this Service, Vodacom will implement micro-billing at Vodacom’s discretion. Micro billing occurs when a user that is subscribed or subscribing to the Service does not have sufficient funds in their account (airtime balance) to pay for the service. Micro-billing will allow for Vodacom to charge a discounted subscription in the event that the user’s airtime balance is less than the subscription fee until the full amount is collected. If we are successful in billing an amount, in part of the full amount for the end of the applicable period (day, week, or month, depending on the option chosen), that billing record will stand as completed billing for that particular period (day, week, or month, depending on the option chosen). Billing for the next period will revert back to attempting to bill the full stated price. Billing does not occur in arrears. In order to optimize micro-billing, Vodacom reserves the right to check if a customer has sufficient funds in their account before attempting to micro bill. c) In the event that you are a Vodacom prepaid or top-up subscriber, you acknowledge that you must have enough airtime available for payment of the subscription to keep it in an active state. You acknowledge that in the event we are unable to bill any valid value for your subscription, we will continue to attempt to bill and enable the subscription for a maximum period of 21 days after the last successful bill collected. Should we be unable to collect any funds for a period of 21 consecutive days, you will be automatically unsubscribed from the service. 6.4 Cupido Terms and Conditions The terms of this agreement ("Terms") govern the relationship between you (the “Customer” or “You”) and “Mondia Media Spain S.L.U” and its affiliates (hereinafter "Mondia Media Spain S.L.U" or “Mondia” or "Us" or "We") regarding your use of Cupido and related features (the "Service"). Use of the Service is also governed by Mondia's Privacy Policy, which is incorporated herein by reference. It is important that you understand and agree to these Terms and Conditions for you to use the Service. By registering to the Service, you agree to be bound by these Terms and Conditions. All prices and usage rates advertised include applicable taxes. These Terms of Use of Cupido are based on the fact that the following list does not constitute a closed list, it should be expressly warned that any action involving dissemination, exploitation, representation, reproduction or use, whether in whole or in part of its content, and independent of the medium that you use for this purpose, of these Terms of Use, carried out for a purpose other than mere personal use of the network, shall require the prior consent of Mondia Media Spain, SLU In the event of the actions previously described without the aforementioned authorization from us, said behaviours shall be subject to prosecution and sanction by all means provided by law, both civil and criminal. This agreement shall be called the “Agreement”. 1. ACCEPTANCE OF TERMS OF USE By accessing the Cupido Service, you agree to be bound by (i) the Terms and Conditions, and by (ii) our Privacy Policy, each one of which is incorporated by reference in this Agreement as the "Conditions". This Agreement is concluded by creating a Customer account when the Customer registers for free on the website or in the corresponding mobile app. To register in the Service, you shall have to accept the terms of use (by checking the corresponding box), agreeing to comply with them. The Conditions shall apply each time you log into Cupido, so please read them carefully. IF YOU DO NOT AGREE OR DO NOT AGREE TO THESE TERMS, YOU SHALL NOT BE ABLE TO ACCESS OR USE THE SERVICE. We may make changes to this Agreement and the Service from time to time. We may do this for a variety of reasons, including, but not limited to reflecting changes in requirements or the law, new features, or changes in business practices. The most recent version of this Agreement shall be posted in the Service (by clicking on the About Cupido-legal information tab), and also in marketing campaigns. Mondia may amend, modify or otherwise change these Terms and Conditions in its sole and absolute discretion on notice to you and the amended version shall be displayed in the same media as these Terms and Conditions. By continuing to participate in the Service, you agree and understand that you shall be bound by the Terms and Conditions 2. ELIGIBILITY Only natural persons are eligible to register in the Service. You must be of legal age to create a Cupido account and use the Service. By creating an account and using the Service, you represent and warrant that: * You can form a binding contract with Cupido. Cupido is not responsible for the fact that you are not of legal age. * You are not a person who is prohibited from using the Service under the laws of your country. * You shall comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and * You have never been convicted of a crime or felony (or a crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local sex offender registry. * WE DO NOT VERIFY CRIMINAL RECORDS, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CUPIDO DOES NOT VERIFY THE CRIMINAL RECORDS OF ITS USERS, OR OTHERWISE INVESTIGATE THE BACKGROUND OF ITS USERS. If you violate our rules continuously, we reserve the right to block your account or access to Cupido. You are solely responsible for ensuring that you have everything you need to access Cupido. Cupido shall not assume any responsibility if the page or its services do not work as they should through mobile services or similar services available now or in the future. 3. REGISTRATION If you use Cupido for the first time, you must register as a Customer. This registration shall be free. During registration you shall be asked to add an email and a password, as well as to accept our Conditions. These data shall be the ones you use to log in the following times you access the Service. The Conditions shall apply each time you log into Cupido, so please read them carefully. Once you have registered, you will need to create a profile, adding your name, genre, location and a picture. You can also add other personal information such as age, interests or occupation. You shall have the right to create only one account. In case you have other account with the same info so the old account must be removed before a new Customer account can be registered. Registering more than once is prohibited, as well as Customers blocked by Cupido from registering again. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. Without any liability against Mondia, Cupido reserves the right to deny Customer registration with no further notice and sole desecration power for objective reasons including but not limited to violation of the general conditions, infringing fraud prevention, doubts about identity, suspicions of spam, doubts about age, fraud, registration from markets in which Cupido is not available. Cupido may condition registration on other steps, for example, identification or spam prevention measures. You are solely responsible for maintaining the confidentiality of your login credentials you use to register for Cupido and you are solely responsible for all activities that occur under those credentials. If you believe that someone has obtained access to your account, contact us immediately through the following email mondiamediarsa@gmail.com. 4. CONTENT. USE OF THE WEBSITE Cupido offers Customers, through the app and the website, access to limited database through which they can meet to establish personal relationships. The database may contain profiles with photos and information about the rest of the Customers. Registered Customers can consult these profiles and information and get in touch with other Customers through chat or via video call. Once you have registered, you will need to create a free profile to use the service, filling in some information (username, sex, interests, location, photos) and establishing preferences, some of them optional (age, occupation, hobbies). You can modify these data later within the Service through the Profile option. From then on, you can explore the profiles of other Customers. We cannot guarantee the quality, precision, functionality, availability or performance of Cupid since on some occasions we carry out maintenance tasks for the application and the website or these may be affected by incidents or circumstances beyond our control, due to what Cupid is offered at all times in the state in which it is and according to availability and we reserve the right to suspend, withdraw, correct, modify or vary the provision of Cupid's services without prior notice and without liability for the user. Regarding access via mobile, the user is solely responsible for ensuring that they have everything they need to access Cupid. Cupid will not assume any responsibility if the page or its services do not work as they should through mobile services or similar services available now or in the future. In order to start using the features of the Cupido Service (chat with other Customers or make video calls), you must subscribe to the Service. The subscription can be made through the Service itself (by clicking the More- manage subscription tab) or through a campaign. The subscription shall be daily with renewal automatic. Payment shall be made through your Operator's invoice. The price for the clients of Vodacom is R5 per day. For more information about the subscription and payment method, you must go to section 5. 5. SUBSCRIPTION AND METHOD OF PAYMENT In order to start using the features of the Cupido Service (chat with other Customers or make video calls), you must subscribe to the service. The subscription can be made through the Service itself (by clicking the More- manage subscription tab) or through a campaign. The subscription shall be daily with renewal automatic. The price for the clients of Vodacom is R5 per day Payment for the Service shall be made through your Operator's invoice. After the initial subscription term, your subscription shall continue and shall be renewed automatically at the price you agreed upon when subscribing. A subscription invoice shall be sent to you by Sms. If you do not want your subscription to renew automatically, or if you want to change or if you want to cancel your subscription, you shall have to access the Service by clicking on the More- manage subscription tab or to the customer service number of your Operator. There you shall see a list with all active subscriptions and information related to the service. To request the withdrawal, dial *135*997# The subscription price may be subject to change by your Operator. Your Operator will notify you of the change and must accept again the terms and conditions and the subscription to the service. Since the payment of the subscription will be made through your mobile bill, Cupido has no control over the payment. Your mobile operator is, therefore, solely responsible for payment conditions and operations. For this reason, Cupido cannot carry out any refund procedure for your purchase. Any request regarding payment should be sent to the operator, as appropriate. Cupido does not collect any kind of bank information. For any matter related to the Cupido service or payment, you can contact us through the email contact@cupido.site or the Service itself by clicking on the About Cupido-send suggestion tab. 6. MODIFYING THE SERVICE AND CANCELLATION Cupido always striving to improve the Service and bring you additional functionality that you shall find engaging and useful. This means we may add new features or product enhancements from time to time, as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You can cancel your Customer account at any time, through the web or the app, without having to notify it in advance. To delete the Customer account, you shall find in the account settings a function to delete the account or via email to the address contact@cupido.site. Subscriptions shall not be removed. Cupido may cancel your account at any time and without prior notice if it believes that you have violated this Agreement. In the event of such cancellation, you shall not be entitled to receive any refund for the subscription. Upon termination of your account, this Agreement shall terminate, except that the following provisions shall still apply to you and Cupido: section 6, section 7, and sections 13 through 17. You can cancel your subscription for any reason at any time, through the web or the app, following the instructions that appear in the Service, by clicking the More- manage subscription tab or, to the customer service number of your Operator where they will explain the guidelines to follow for the cancellation of the subscription. As a general rule, the subscription price will not be refunded, without prejudice to the right of revocation explained at the end of this document. […TO BE CONFIRMED AND CUSTOMIZED BY COUNTRY/OPERATOR…] Once the subscription is cancelled or terminated, the price paid shall not be returned to you. If you cancel your subscription, you shall be able to use your subscription until the end of your current subscription period. Once this ends, your subscription shall be canceled and your subscription shall not be renewed after your current term expires at that time. Deleting your Cupido account or removing the app from your device does not stop or cancel your subscription; unless you unsubscribed the Service or terminate your account as mentioned in this Agreement. Upon termination of this Agreement, you must immediately cease all access and use of the Service and, in addition to any other legal or equitable remedy, we will immediately revoke all passwords and account identifications issued to you and deny your access to use this Service. in whole or in part. Further, you agree that the Service will not be liable as a result of such suspension or termination. We may, but are not required to, remove any content or account that contains content that we deem, in our discretion, criminal, offensive, threatening, libelous, defamatory, obscene, or of dubious reputation, or that violates the intellectual property of any party or of these Terms of use. 7. SAFETY; YOUR INTERACTIONS WITH OTHER CUSTOMERS Cupido is not responsible for the conduct of any Customer inside or outside the Service. You agree to exercise caution in all interactions with other Customers, especially if you decide to communicate outside the Service or meet in person. Furthermore, you shall not share any personal financial information (for example, your credit card or bank account), or pay any money except for the subscription fees. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CUSTOMERS. YOU UNDERSTAND THAT CUPIDO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS CUSTOMERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS CUSTOMERS. CUPIDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CUSTOMERS. 8. RIGHTS CUPIDO GRANTS YOU Cupido grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive, revocable and non-sublicensable license to access, and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Cupido and permitted by this Agreement. Therefore, you agree not to: * Do not use the Service or any content included in the Service for any commercial purposes without our written consent. * Do not copy, modify, transmit, create derivative works from, make use of, or reproduce in any way any copyrighted material or images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the service without Cupido's prior written consent. * Do not expressly or imply that any of the statements you make are endorsed by Cupido. * Do not use any robot, bot, spider, crawler, scraper, site search / recovery application, proxy or other device, method or manual or automatic device, method or process to access, retrieve, index, “data mine,”, or in any way reproduce or avoid the navigation or presentation structure of the Service or its contents. * Not to use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. * Do not upload viruses or other malicious code or otherwise the security of the Service. * Do not falsify headings or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Service. * Do not “frame” or “reproduce” any part of the Service, without the prior written authorization of Cupido. * Do not use meta tags or code or other devices contaning any reference to Cupido or the Service (or any trademark, trade name, service mark, logo or slogan of Cupido) to direct any person to any other website for any purpose. * Do not modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble any part of the Service, or cause others do so. * Not to use or develop third-party applications that interact with the Service or other Customers’ Content or information without our written consent. * Not to use, access, or publish Cupido's application programming interface without our written consent. * Do not investigate, scan or test the vulnerability of our Services or any system or network. * Do not encourage or promote any activity that violates this Agreement. The Company may investigate and take any available legal actions in response to illegal and / or unauthorized uses of the Service, including the cancellation of your account. In case of deliberate or negligent breach of your obligations, you shall have the obligation to indemnify the legal representatives or executive assistants of CUPIDO for the damages caused. 9. RIGHTS YOU GRANT CUPIDO By creating an account, you grant to Cupido a worldwide, transferable, sublicensable, and royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other Customers (collectively "Content"). Cupido's license to your Content shall be non-exclusive, except for Cupido's license shall be exclusive with respect to derivative works created through use of the Service. Also, in order for Cupido to prevent the use of your Content outside the Service, you authorize Cupido to act on your behalf with respect to the infringing uses of your Content extracted from the Service by other Customers or by third parties. Our license to your Content is subject to your rights under applicable law (for example, personal data protection laws to the extent that any Content contains personal information defined by those laws) and is exercised for the limited purpose of operating, develop, provide and improve the Service, and research and develop new services. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other Customers and may be viewed by anyone who visiting or participating in the Service (such as individuals who may receive Shared Content from other Cupido Customers). You agree that all the information thar you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the licence to Cupido above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer service representatives or other employees is, at any time, threatening or offensive, we reserve the right to immediately cancel your account. Please be informed that Cupido may access, store and disclose your account information and content if required to do so by law, or if in good faith Cupido considers that such access, preservation or disclosure serves a legitimate interest. For example, to: (i) comply with legal processes; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or of any other person. 10. RULES RELATED TO THE CONTENT By using the Services, you agree to: * Not Use the Service for any purpose that is illegal or prohibited by this Agreement. * Not use the Service for any harmful or nefarious purposes. * Not use the Service to damage Cupido. * Send spam, request money from or defraud any Customer. * Impersonate another person or entity or post any image of another person without your permission. * Not bully, “stalk”, intimidate, assault, harass, mistreat, or defame anyone. * Post any Content that violates or infringes on the rights of any person, including advertising, privacy, copyright, trademark or other intellectual property or contractual rights. * Not Post any Content that is hateful, threatening, sexually explicit, or pornographic; incite violence; or that contains nudity or graphic or free violence. * Not Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. * Request passwords for any purpose, or personally identifiable information from other Customers for commercial or illegal purposes, or disseminate someone else's personal information without their permission. * Not Use another Customer's account, share an account with another Customer, or maintain more than one account. * Not Create another account if we have already canceled your account, unless you have our permission. * Do not impersonate a person, company or brand with the intention of deceiving or confusing others; * Do not install spyware, adware, viruses, corrupted documents, worm programs or any other malicious code intended to interrupt, damage or limit the operation of any software, hardware, telecommunications system, network, server or any other type or interrupt it, as well as any Trojan or material designed to damage any data or personal data - be it Cupido's or that of another owner - interfere with it, unlawfully intercept it or steal it; * Respect third party rights (including, without limitation, intellectual property rights and privacy rights); * Not to show to another person and it has been created or distributed without his consent and without the latter having the possibility to oppose said creation or distribution; or * Not to show images of children, even if you also appear in them, or put minors in danger. Please use common sense when selecting the Content you want to send in Cupido since you are solely responsible for such Content. If you violate our rules continuously, we reserve the right to block your account or access to Cupido. Likewise, we reserve the right to delete any Content that you upload to Cupido if we consider that it violates the Conditions or if it is required by current law. Cupido may assign and / or transfer the aforementioned license to our affiliates and successors without your consent being necessary. Cupido reserves the right to reveal your identity to third parties who claim that the Content published on our page or app violates their intellectual property, privacy or other rights. 11. OTHER CUSTOMER´S CONTENT Although Cupido reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the Customer who posts it, and Cupido cannot guarantee that all Content shall comply with this Agreement. If you see Content on the service that violates this Agreement, notify it within the Service itself (by clicking on the About Cupido-send suggestion tab) or contact@cupido.site. 12. REFUNDS In general, all charges are not refundable, and there are no refunds or credits for partially used terms, without prejudice to the right of revocation that you are provided if you are a Customer living in South Africa. An exception shall be made if the current legislation in your jurisdiction stipulates refunds. 13. DISCLAIMERS CUPIDO PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHER WITH REGARD TO THE SERVICE (INCLUDING ALL THE CONTENT SAME), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUPIDO DOES NOT REPRESENT OR GUARANTEE THAT (A) THE SERVICE SHALL BE PROVIDED IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER, (B) THAT ANY DEFECT OR ERROR IN THE SERVICE SHALL BE CORRECTED, NOR (C) THAT ANY CONTENT OR INFORMATION THAT GET IN OR THROUGH THE SERVICES SHALL BE ACCURATE. CUPIOO ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER CUSTOMER, OR A THIRDPARTY POST, SEND, OR RECEIVE THROUGH THE SERVICE. YOUR ACCESS TO ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. CUPIDO DISCLAIMS AND IS NOT RESPONSIBLE FOR ANY CONDUCT OF YOURSELF OR OF ANOTHER CUSTOMER, WITHIN OR OUT OF SERVICE. BY USING THIS PAGE, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT CUPIDO, ITS SUBSIDIARIES AND / OR AFFILIATES ARE EXCLUDED FROM ANY LIABILITY WHICH MAY BE CAUSED BY THE UNAUTHORIZED USE OF THE TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS THE LINKED SITES. 14. LIMITATION OF LIABILITY 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, agents and other party disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Service's content 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 Service; (iii) any unauthorized access to or use of our servers; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service 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 Service. Neither Mondia nor any third party warrant, endorse, guarantee, or assume responsibility for any information provided as part of the Service by a third party. To the extent permitted by applicable law, in no event shall we, 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 the Service or its content. Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Mondia and its partners, subsidiaries and affiliates, 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 made available on the Service. IN CASE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 15. INDEMNITY BY YOU You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Cupido, our affiliates, and their / our respective officers, directors, agents and employees from all complaints, demands, claims, damages, losses, costs, liability and expense, including attorney's fees, caused by, arising out of, or in any way related to your access to or use of the Service, your Content, or your breach of this Agreement. 16. GOVERNING LAW AND COURTENTIRE AGREEMENT; OTHER You and the Company, its subsidiaries and / or affiliates, expressly agree, renouncing any other form of conflict resolution, to submit in the event of any dispute, to the laws of Spain without regard to its conflict of law principles and the courts of Madrid, in accordance with applicable law. Because of this we cannot guarantee that the Service or the information thereon complies with law or regulation of other countries, or is appropriate for use, in other places. You are wholly responsible for use of the Service by any person using your computer and you must ensure that any such person complies with these Terms. The information provided on this Service is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation Mondia pays special regard to principles relating to processing of personal data contained in the GDPR (General Data Protection Regulation), including relevant regulations contained in different territories – Accordingly Mondia will seek to regularly update its compliance with the laws, articles and regulations applicable. 17. ENTIRE AGREEMENT; OTHER This Agreement, with the Privacy Policy, and any of the terms that have been disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Cupido regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce a right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Cupido account is non-transferable and all of your rights to your account and its Content terminate upon your death. This Agreement does not create any agent, partnership, joint venture, fiduciary, special or employment relationship and you may not make any statement on behalf of Cupido or link Cupido in any way. 18. WITHDRAWAL If the Customer has his domicile in South Africa when using Cupido he has the right of revocation of consumers in the case of paid subscriptions or purchase of credits: Right of withdrawal You have the right to withdraw from this contract within fourteen days without having to justify the reasons. The withdrawal period is fourteen days from the day the subscription contract is concluded. In order to exercise your right of withdrawal, you must inform us mondiamediarsa@gmail.com by means of a unambiguous declaration (eg. , by post, fax or email) about your decision to revoke this contract. For this, you can use the enclosed template withdrawal form. In any case, it is not mandatory to use it. To consider that a revocation is within the deadline, it is sufficient that you send the notification on the exercise of the right of revocation before the term expires. Consequences of withdrawal. Should you withdraw from this contract, we are required to reimburse you for all payments that we have received from you in those 14 days from the start of the contract, without undue delay and within a maximum period of fourteen days from the day we receive the notice regarding the revocation of the contract. For this reimbursement we use the same payment method that you used for the original transaction, unless otherwise explicitly agreed; In no case do you receive any compensation for this return. Withdrawal form template. Should you wish to withdraw from the contract, please complete this form and send it back to us. To: email: mondiamediarsa@gmail.com Through this document I revoke / revoke (*) the contract concluded (*) for the purchase of the following goods (*) / the rendering of the following service (*) Ordered on (*) / received on (*): __________________________ Name of the consumer(s): __________________________ Address of the consumer(s): __________________________ Signature of the consumuer(s), place, date (only by paper notification) (*) Strike out what is not appropriate. 19. PRIVACY What Data do we collect? To be a user of the Service, you will be required to register and, accordingly, you will be bound by these Terms and Conditions. When registering, we will ask you to complete the following information: Name, email, genre, what you are looking for, and location. Optionally you can also add your age, interests, occupation, personal description and more pictures. All information is processed in accordance with our Privacy Policy. We recommend that you read this Privacy Policy before registering with Cupido. How will you protect my privacy? We are committed to maintaining high privacy standards and keeping your data safe. Mondia Media Spain follows the applicable laws governing the collection and use of an individual's data. Data is stored in advanced systems with security and privacy protocols. How is my data stored and protected? All systems we are using have reasonable commercial protection measures to ensure that your data is secure. The information provided on this Service is not intended to be distributed or used by any person in any jurisdiction where such distribution or use is contrary to law or regulation. Mondia Media Spain pays special attention to the principles related to the processing of personal data contained in the GDPR (General Data Protection Regulation). Accordingly, Mondia Media Spain will seek to periodically update its compliance with applicable laws, articles and regulations. […TO BE EDITED BY COUNTRY ACCORDING TO LOCAL REGULATIONS…] 6.5 His best/Her best a) This is a recurring subscription Service to Mens/Womens Health magazine articles. This Service is available to users nationwide. 6.6 Hungama Service a) This is a recurring weekly subscription that gives users access to unlimited Bollywood video content. This Service is available to users nationwide. 6.7 Planet Video a) This is a recurring daily subscription that gives users to 20 video channels whereby a consumer can stream unlimited video content per channel. 6.8 Kaboodle a) This a recurring subscription that gives users access to kids video’s and games. 6.9 Shop & Save a) This is a recurring daily, weekly and monthly subscription that gives users access to discounted products at Pick n Pay stores nationwide. The user will receive a single coupon code unlocking deals on a select basket of goods. Click <a href="https://mm-vodacom-castor.mondiamedia.com/za/vlive-za_page_terms-and-conditions_shopnsave ">Shop n Save Terms and Conditions</a> for full Terms and Conditions 7.0 VHealth a) VHealth is a South African digital health service. VHealth offers customers health related information that comes in a broad range of tools, tutorials and articles. The information provided in VHealth was specifically compiled for educational purposes only. Please also refer to our disclaimers contained herein. b) Registered users may subscribe to premium services as described on the web platform. c) VHealth disclaimer i. The information provided in VHealth has been specifically compiled for purposes of providing non-diagnostic or professional health information about health issues or related matters. Neither Vodacom nor its service provider(s), from whom Vodacom obtained the data comprising the information, have performed any independent analysis or investigation to determine the correctness or accuracy of the data, and do not warrant that data is correct or accurate. ii. By making this information available, neither Vodacom nor its service provider(s) are endorsing or advocating the use of any medication or course of action described, nor are we responsible for any misuse of a medication or course of action due to, or other consequence of, any typographical error or other inaccuracy. Additional information on any medication may be obtained from the manufacturer. iii. It is strongly recommended that you independently verify any interpretation of this information. Where you use this information, you shall be fully responsible for your interpretation of the information and shall rely on your own professional judgement [independent medical advice you may obtain] in using this information. It is also strongly recommended that you independently verify the information to ensure it is appropriate for your purposes. iv. The information in VHealth is provided on an "as is" basis. Neither Vodacom nor its service provider(s) make any representations, conditions, warranties or guarantees, whether express or implied, that this information is accurate, complete, up-to-date or fit for any particular purposes. Any statements made to the contrary are void. v. Your reliance upon information obtained by you by accessing VHealth is solely at your own risk. Neither Vodacom nor its service provider(s) assume any liability or responsibility for damage or injury to you, other persons, or property airing from any use of the information. vi. The content available on VHealth is provided with the understanding that neither Vodacom nor its service providers are engaged in rendering medical, counseling, legal, or other professional services or advice. vii. Such content is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. viii. Please contact your medical practitioner or clinic for medical assistance. In the event of an emergency you can also contact the national emergency line on 082112. 8. Competitions 8.1. C2 General Competition Terms and Conditions 8.1.1 In addition to the specific <a href="https://live.vodacom.co.za/za/vlive-za_page_Competition-terms-and-conditions">Competition Terms and Conditions</a>, 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 and/or prize redemption process of the Competition. 8.1.2 Employees, directors, agents, contractors, consultants of Vodacom and all other participating companies and 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. 8.1.3 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. 8.1.4 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. 8.1.5 Click to access all current <a href=" https://live.vodacom.co.za/za/vlive-za_page_Competition-terms-and-conditions">Competition Terms and Conditions</a> 9. How to opt-out 9.1 If you want to opt out of Services on Vlive, use the Vlive menu to navigate to your profile to manage your active subscriptions settings. You can also unsubscribe from the service by calling Vodacom Customer Care: 082 135 or alternatively Dial *135*997# 9.2 Please note you may not opt out of system messages sent to the customer when subscribing, cancelling the Vlive or receiving renewal notifications of their next billing cycle