YELLOWDOT MOBILE (PTY) LTD

 

Terms and Conditions of Use

 

NOTICE: YOU ACCEPT THAT YOU HAVE BEEN GIVEN AND OPPORTUNITY TO READ AND ACCEPT THIS BEFORE USING THE SPORTS7 SERVICE.

 

THE YELLOWDOT PORTAL GIVES YOU ACCESS TO SPORTS7 SERVICE

 

1. INTRODUCTION

• These terms and conditions shall govern your use of our website and the YellowDot service.
• By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of the terms and conditions, you must not use our website.
• If you are using this website, you are agreeing to these terms and conditions.
• Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

 

2. LICENCE TO USE WEBSITE

   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

   • You may:
     • View pages from our website in a web browser;
     • Download pages from our website for caching in a web browser
     • Print pages from our website
     • View YellowDot mobile content subject to the other provisions of these terms and conditions.
   • Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save such material to your computer.
   • You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
   • Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
   • Unless you own or control the relevant rights in the material, you must not:
     • republish material from our website (including republication on another website;
     • sell, rent or sub-license material from our website;
     • show any material from our website in public;
     • exploit material from our website for commercial purpose; or
     • redistribute material from our website.
   • We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

3. ACCEPTABLE USE
   • You must not;
     • use our website in any other way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website
     • use our website in any way that is unlawful , illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity,
     • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, malware, keystroke logger, rootkit, or other malicious computer software,
     • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent,
     • access or otherwise interact with our website using any robot, spider or other automated means,
     • violate the directives set out in the robots.txt file for our website
     • use the data collected from our website for any direct marketing activity (including without limitation to email marketing, SMS marketing, telemarketing and direct mailing).
   • You must not use data collected from our website to contact individuals, companies or other persons or entities.
   • you must ensure that all the information you supply to us through or website, or in relation to our website, is true, accurate, complete and non-misleading.

 

4. WHO IS ELIGIBLE ?

   Service is available to all Telkom customers with a valid Telkom South African mobile number. Users below the age of 18years using this service, must do so with the permission of a parent or guardian.

 

5. FEES
   • Your daily subscription of R3 per day will be renewed automatically daily
   • Subscription charges will be applied to your mobile operator bill or be deducted from your prepaid balance until you cancel the service. You must verify that your mobile handset has messaging and mobile internet and is compatible with the HTML5 games. However the user can play the game on a computer with a compatible browser and internet connectivity.
   • Fees for the Services do not include fees of WAP connections, it is necessary for the User to have data to be able to use the Service. Fees for WAP connections shall be charged by the Operator apart from the fees for the Services according to the current pricelist of the Operator.
   • All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
   • If you dispute any payment made to us, with regards to the Sports7 service you must contact the Telkom customer care team on 180 immediately and provide full details of your claim.
   • If your payment for each day you are subscribed fails we will attempt to take the payment for a further 45 days before automatically cancelling your subscription and privileges.
   • If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

 

 

6. SUBSCRIPTIONS
   • Users subscribe to the Service for R3 per day by:
     • accessing the landing page: http://optin.telkomsdp.co.za/service/28where the user will receive a successful subscription notification message or,
     • SMS Keyword “SPORTS7” to 179 or,
     • Dialling USSD String *179*28#

 

7. UNSUBSCRIBING
   • To unsubscribe users can Dial USSD String *179*7867# as indicated in SMS sent to user upon service activation and follow instructions.
   • Users will receive an SMS confirming that they have been unsubscribed from the service.

 

 

 

 

8. LIMITATIONS AND EXCLUSION OF LIABILITY

8.1. Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• We will not be liable to you in respect of any loss or corruption of any data, database or software.
• We will not be liable to you in respect of any special, indirect or consequential loss or damage.
• You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

9. INDEMNITY

9.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

 

10. OUR DETAILS

10.1. This website is owned and operated by YellowDot Mobile SA (Pty) Ltd.

10.2 For all Sports7 Service query handling including but not limited to subscription, billing and refunds you can contact Telkom customer care number on 180.

10.3 YellowDot Mobile is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. YellowDot Mobile may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

 

We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.