1.The terms of this agreement (“Terms and Conditions”) govern the relationship between you and Vodacom (Pty) Ltd (“Vodacom”) and Mondia Media (Pty) Ltd (“Mondia”). (hereinafter “Vodacom” or “Us” or “We”) regarding your use of the Shop and Save Service and related features (the “Service”). Use of the Service is also governed by the Privacy Policy which is incorporated herein by reference.
Your Acceptance of these Terms and Conditions 2. Vodacom and its appointed partners are the provider of the Shop and Save Service (the “Service”), in its various formats accessible via mobile devices. Please read these Terms and Conditions and the Privacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions. If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the Vodacom or Shop and Save website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.
General 3. As a user of the Service, you will have the option to play on a once off basis or subscribe, with either scenario making you a Paying User (“Subscribed”), and doing so accordingly binds you to additional terms of use as referred to in these Terms and Conditions. As a Subscribed user, you will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law and the Privacy Policy incorporated by reference into and form a binding part of these Terms and Conditions. If you do not agree with our Terms and Conditions please do not provide us with any personal information, and please do not use the Service. 4. By being Subscribed, you agree to the following additional rules upon successful initial registration for the Service, you will be eligible to access all the content on the Service free of charge for one (1) day only (the “Free Trial Day”). For the avoidance of doubt, you will not be eligible for another Free Trial Day if you cancel your subscription and then re-register at a later stage. 5. After the Free Trial Day, you will be charged a subscription fee of ZAR 3,00/day (three Rand a day) (incl. VAT) (the “Fee”) for each day that you remain subscribed for the Service.
Payment and terms 6. Where the subscriber has selected the daily billing option, a subscription fee of R3.00 per day will be deducted in full from the subscriber’s airtime balance on a daily basis from the date that the subscriber subscribes to the Subscription Service. 7. Where the subscriber has selected the weekly billing option, a subscription fee of R10.00 per week will be deducted in full from the subscriber’s airtime balance on a weekly basis from the date that the subscriber subscribes to the Subscription Service. 8. Where the subscriber has selected the weekly billing option, a subscription fee of R25.00 per week will be deducted in full from the subscriber’s airtime balance on a weekly basis from the date that the subscriber subscribes to the Subscription Service. 9. If you do not have sufficient airtime to satisfy the Fee obligation, Vodacom may at its sole discretion charge a discounted fee or reduced fee in terms of paragraph 20 below. 10. If you are a pre-paid or top-up customer: a. the Fee will be deducted from your available airtime balance each day. You acknowledge that you must have enough airtime available to pay the Fee in order to continue to use the Service; b. if you fail to satisfy your Fee obligation for 90 (ninety) consecutive days after the last successful Fee was collected, Vodacom may at its sole discretion suspend or terminate your subscription to the Service; c. the Fee for each day of the month that you were subscribed to the Service for will be set out in your monthly statement for payment. In the event that you do not pay your monthly Fee set out in your monthly statement, your subscription may be suspended; d. before the expiry of the Free Trial Day, you may cancel your subscription to the Service to avoid being charged the Fee. e. only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they are able to do so) users within the Republic of South Africa may subscribe. 11. You acknowledge that the Service has certain content and features which are locked and unavailable for access unless you become subscribed. 12. You give us consent to provide you with various messages about / based on your interaction with the Service. These messages will be delivered to you in the form of text messages sent to your mobile device using the mobile number identifying you as a user of the Service. 13. These messages include, but are not limited to: a. periodic messages to encourage, or remind you to browse or access the Service; b. messages inviting you to share, voluntarily, data about yourself or your preferences; c. messages inviting you to try alternate versions of the Service based on Vodacom’s knowledge of the device you are using to access the Service; d. confirmation messages relating to your subscribing for, or cancellation of, the Service; and e. messages inviting you to rate the Service’s quality and your opinion of your experience of the Service as measured by the metric scale provided. 14. You will not be able to opt out of the system messages which are mandatory in order for us to correctly administrate your use of the Service. 15. You will not be charged for interactions that you will have with the Service via SMS. Data charges may apply for accessing the Service on website. 16. You accept that the Service’s default language is English. 17. By subscribing, you agree that you will be opted into receiving the messages mentioned above, which you may cancel at any time via the Service menu. 18. Subscribed users may cancel the Service in entirety at any time via the Service menu. When cancelling the Service, you accept that your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 years (only if necessary), for the purpose of audit trail, and in order to facilitate a convenient experience should you choose to re-subscribe at a later stage within the 6 (six) month period. 19. You acknowledge that any subscriptions in error will be billed. For your protection, we ask you to confirm all purchases or subscriptions twice. 20. Vodacom Pre-paid or Top up subscribers acknowledge that: a. if we are unable to bill the full value of the subscription you have chosen for the Service, we may implement micro-billing. Micro billing occurs when you have subscribed to the Service and you do not have sufficient funds in your account (i.e., your airtime balance) to pay for the subscription that you have chosen. Micro-billing will allow Vodacom to charge a discounted subscription or any reduced amount as we may determine from time to time dependent on the available balance until we can charge you the full amount. If we are successful in billing an amount, in part of in full for the end of the applicable period (day, week, or month, depending on the option chosen), that billing record will stand as the 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. Micro-billing shall be implemented in Vodacom’s sole and absolute discretion. b. You must have enough airtime available for payment of the subscription you have chosen for the Service to keep your subscription in an active state. You acknowledge that in the event we are unable to bill any valid value for your subscription of the Service that you have chosen, we will continue to attempt to bill and enable the subscription for a maximum period of 90 (ninety)consecutive days after the last successful bill collected. Should we be unable to collect any funds for a period of 90(ninety) consecutive days, you will be automatically unsubscribed from the Service. 21. You acknowledge that we reserve the right to offer the first day of access free of charge to you on a discretionary and promotional basis, and this can change at our discretion at any time. Unless otherwise stated, a user may only receive one first day free per mobile number in a six-month cycle.
Description of the Subscription Service 22. Subscribers to Shop & Save will be provided with discounts on products at Pick ‘n Pay stores in South Africa. 23. A subscriber will receive a single discount code unlocking deals on a select basket of goods. The discount code can be redeemed repeatedly, until the basket of available deals has been depleted. 24. New deals are published weekly and are valid until the expiry date included therein. 25. The subscriber opts in by visiting the vLive portal, selecting Shop & Save under the Lifestyle menu, clicking the Subscribe Now button and confirming the subscription request. 26. A subscription fee set out in paragraphs 6, 7 and 8 above shall apply on a recurring basis for this Subscription Service. 27. The discount code is delivered by SMS. 28. The discount code is only redeemable at Pick n Pay stores nationwide. 29. The subscriber may purchase any of the available deals up to the maximum number of stated products during the validity period. 30. The discount code is valid until 23:59 of the expiry date of the discount code, for all deals listed on the deals page at the time of issue. The expiry date will be specified when the discount code is issued. 31. The subscriber is required to enter the Shop and Save service weekly to obtain an updated discount code to benefit from any new deals added to the basket. The Subscriber must enter the Shop and Save service weekly to view new deals and discount codes. 32. The subscriber can continue to use the same discount code within the validity period until all available deals have been redeemed. 33. Discount codes may not be exchanged or redeemed for cash and no change will be given on the discount. 34. Discount codes cannot be used in conjunction with any other promotion. 35. Subscribers opting for: a. the daily billing option qualify for discount codes to a minimum total value of R1000 per month; b. subscribers opting for the weekly billing option qualify for discounts to a minimum total value of R1500 per month; and c. subscribers opting for the monthly billing option qualify for discounts to a minimum total value of R2500 per month.
Duration and termination 36. The Subscription Service will commence from the start date until: a. Vodacom elects to discontinue the Service; or b. the subscriber cancels their subscription at any time in terms of paragraph below.
Ownership 37. All rights, title and interest in and to the Service including, but not limited to, any games, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by Vodacom and its appointed partner. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service. 38. Vodacom and its appointed partner own, has licensed, or otherwise has rights to use, or provide all of the content that appears in the Service.
Your Obligations and Entitlements 39. Vodacom and its appointed partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to take action as a result, which may include, if relevant, terminating your registration and prohibiting you from using the Service. Said termination and prohibition may occur with or without notice to you, and as a result may involve the loss of any benefits, privileges or earned items associated with your use of the Service, and we are under no obligation to compensate you for any such losses or results. 40. You are entitled to unsubscribe from the Service at any time and for any reason by dialing *135*997#, or by opening the Shop and Save menu, selecting My Profile and following the active subscription management journey. 41. The subscriber is responsible for ensuring that cancellation of the service is actioned in accordance with this clause. 42. Should the subscriber incorrectly complete the cancellation process, Vodacom will not be liable for any additional costs or compensation due to the error. 43. The subscriber may cancel this service at any time and without contractual penalty. If the subscriber does not cancel the service, it will endure on a daily basis until cancellation is received by Vodacom.
Limitation of Liability 44. 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. 45. 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. 46. 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.
General 47. By using the Service, you agree that you are 18 years or older and have the bill payers' permission. Compatible handsets only. 48. By using the Service, you agree to receive promotional material relating to this and similar services. To opt out of receiving promotional material for this Service, visit the My Account page and update your communication preferences. 49. This Service must not be used: a. to intentionally engage in illegal conduct, including fraud, b. to knowingly create, store or disseminate any illegal content, c. to knowingly infringe copyright, d. to knowingly infringe any intellectual property rights, or e. to send spam or promote the sending of spam. 50. Vodacom has the right to suspend or terminate the Services if any customer does not comply with these terms and conditions. 51. Vodacom accept no liability whatsoever for any loss or damage suffered to the subscriber related to the discount codes and/or items purchased using discount codes. 52. The customer is solely responsible for all actions authenticated by credentials associated with their account(s). 53. Vodacom accept no liability for any loss or damage suffered by subscribers as a result of unauthorized use of the subscriber’s credentials.
Protection of Personal Information and Direct Marketing 54. Vodacom and Mondia are committed to protecting the subscriber’s privacy and ensuring that their personal information is protected in accordance with data protection legislation and regulation in South Africa, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA). Without limiting the generality of this commitment, these parties will: f. Only collect personal information as is necessary to provide the Shop & Save Service, including offering other products and services that may be of interest. g. Only process collected personal information for this purpose. h. Only transfer personal information where required for the provision of the Service and only then where an agreement is in place with the transferee to ensure continued compliance with POPIA. i. Take industry standard measures to secure personal information in their possession. j. Delete personal information where it is no longer required. k. Otherwise only release personal information where under a legal obligation to do so. 55. The subscriber consents to the processing of his or her personal information as outlined above.
Vodacom Shop and Save Service Competition
(as per existing competition, if and when applicable)