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Terms and Conditions

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 Privacy Policy which is incorporated herein by reference.

1.) Your acceptance of these Terms and Conditions

1.1) Please read these Terms and Conditions and the Privacy Policy 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: https://live.vodacom.co.za/za 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 Vlive.

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 are 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 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 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 Vodacom’s Privacy Policy shall apply in addition to these terms and conditions.

6.) List of Services currently on Vlive and that 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) Chat Service

a) This is a recurring subscription Service to chat Service whereby a consumer can access chat sites. This Service is 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. 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.

6.3) His best/Her best
a) This is a recurring subscription Service to Mens/Womens Health magazine articles. This Service is available to users nationwide.

6.4) 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.

6.5) Kaboodle
a) This a recurring subscription that gives users access to kids video’s and games.

7.) Competitions

7.1) Vodacom “Kaboodle” Competition.

Vodacom (Pty) Ltd (“Vodacom”) is running the “Kaboodle” (“the Competition”) on the Kaboodle subscription service platform.
All participants during the term of the Competition agree to be bound by the following Terms and Conditions:
7.1.1) The Competition is open to Vodacom subscribers from at [00:00] on 14 February 2024 to [00:00] on 31 March 2024 (the “End Date”) (“Competition period”). The duration of the Competition may be extended, suspended, or curtailed at the discretion of Vodacom.
7.1.2) 1 (one) lucky entrant will stand a chance of winning PEP Store Vouchers (“the prize”).
7.1.3) To enter you must:
a) Subscribe to the Kaboodle subscription service platform;
b) Remain a paid-up subscriber on the Kaboodle subscription service platform for the period of the Competition; and up to when the prize is delivered.

7.1.4) The Competition is only open to natural persons aged 18 years and older. Entries received from business accounts held by legal persons (amongst others Corporates and SMEs, etc.) are excluded from participating and winning in the Competition.
7.1.5) Only entries received during the Competition period as stipulated in clause 1 above will qualify as potential winners.
7.1.6) The winner will be randomly selected from all eligible entries who meet all the requirements set out in these Terms and Conditions. The verified winner will be notified within 4 working days after he / she has been selected and verified as a winner.
7.1.7) Participants must reside in South Africa and be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 3 (three) months for the Republic of South Africa and have a valid a valid South African bank account at the End Date.
7.1.8) In the event that the user of the mobile phone (i.e. the participant in the Competition) is not the person that is responsible for payment of the participating mobile phone account/ charges, then the prize will be awarded to the person that is responsible for payment of the participating mobile phone account/ charges.
7.1.9) Vodacom will use reasonable efforts to contact the winners [telephonically or via SMS] on the contact details provided by the participants to participate in the Competition.
7.1.10) The winner will be contacted during normal working hours, between 9 (nine) in the morning and 4 (four) in the afternoon.
7.1.11) Vodacom shall attempt to contact the winner for a period of three (3) normal working weekdays after their name have been drawn and verified as winner.
7.1.12) Should a participant not be available on the contact number provided during the timeframe stipulated above or rejects, forfeits, or declines acceptance of the prize, that person’s right to the prize will be deemed to have been waived and the prize will be forfeited. Vodacom reserves the right to then award the prize to the next randomly drawn participant.
7.1.13) Only entrants who are using SIM cards that have been RICA registered are eligible to win the Competition. Each owner of a SIM card(s) is responsible to comply with South African law by RICA registering their SIM cards.
7.1.14) The winner must be able to identify himself / herself, in a manner determined by Vodacom, as a qualifying entrant to the Competition and must comply with the required validation procedure (determined by Vodacom) to claim the prize.
7.1.15) Vodacom reserves the right to withhold any prize until it is satisfied that the claim by the winner is valid.
7.1.16) Notwithstanding the fact that the prize vest on the winner immediately upon the determination of the results, in the event that the required documentation from the winner has not been received at the agreed cut-off date communicated to the winner, or no effort is made on the part of the winner to make special arrangements to meet the deadline set by Vodacom, the prize will be forfeited. Vodacom then reserves the right to award the prize to the finalist that is next in line.
7.1.17) If the winner cannot accept the prize or for any reason whatsoever, the prize will be awarded to the next selected entrant.
7.1.18) All risks and ownership of the prize shall pass to the winner on transfer/delivery thereof and hence all of Vodacom’s obligations regarding the Competition as well as in regard to the prizes shall terminate.
7.1.19) Vodacom shall request the winners’ consent in writing to their image and/or likeness being used and published by Vodacom in connection with the Competition for a period of 12 (twelve) months after they have been announced as winners. The winners may decline the use of their image and/or likeness by Vodacom.
7.1.20) No prize is transferable or exchangeable and may not be redeemed for cash.
7.1.21) All the information provided or related to this Competition shall be managed and captured by a Vodacom approved third party service provider (Mondia) for the purpose of running the Competition only and facilitating delivery of the prize.
7.1.22) User data collected via the Competition will not be used for any other purpose than for the execution of the Competition only.
7.1.23) User data collected via the entry for this Competition will be stored for as long as we are legally required to and in accordance with Vodacom’s Privacy Policy. If there is no legal requirement, the collected information will only be stored for as long as it is needed.
7.1.24) In order to effect arrangements required for the prize fulfilment in terms of this Competition, Vodacom shall provide the winner’s personal information, such as name, contact number, physical address to a Vodacom approved third party (Mondia Media (Pty) Ltd) for prize distribution and you hereby agree to such disclosure as is necessary to effect the prize fulfilment.
7.1.25) Standard data costs apply as per the user’s existing Service Provider and existing price plan for data usage on the portal.
7.1.26) The Competition is also subject to, and must be read in conjunction with Vodacom’s existing terms and conditions applicable to its website and mobile site respectively
7.1.27) Data transfer speeds are not guaranteed and are dependent on network availability and utilisation.
7.1.28) Vodacom shall not be liable for any costs incurred by the winners for entering the Competition or in claiming the prizes.
7.1.29) The judges’ decision on any aspect of the Competition including the allocation of the prize will be final and binding and no correspondence will be entered into.
7.1.30) 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.
7.1.31) Vodacom may refuse to award a prize if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. Vodacom is entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they are rejected.
7.1.32) Neither 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.

7.2) C2 General

7.2.1) In addition, neither Vodacom nor its agents shall be responsible for any loss or misdirected entries, including entries that were not received due to any failure of hardware, software, or other computer or technical systems affecting participating and/or prize redemption process of the Competition.
7.2.2) 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.
7.2.3) 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.
7.2.4) 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.) How to opt-out

8.1) 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. Alternatively you can dial ⚹135⚹997# to manage all your content services.

8.2) 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