CONTRACT CONDITIONS OF SERVICE OFFERED BY VODACOM SOUTH AFRICA (PTY) LTD FOR THE CONTENT PURCHASE AND DIGITAL SERVICES AVAILABLE ON GOOGLE PLAY
These terms and conditions define the procedures and terms with which Vodacom SA (Pty) Ltd, (hereinafter referred to for brevity "Vodacom"), with registered office in South Africa and the head office at Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand registered in terms of the laws of South Africa with company registration no 1993/003367/07, VAT No. 4010139121, provides its clients with legal age and prepaid and post-paid mobile phone subscribers (hereinafter the "Customer" / the "Clients") the ability to purchase digital content and services (files, applications, texts, software for mobile phones, songs, audio files or other sounds, pictures, videos or other images) available in Google Play (hereinafter also referred to as the "content") through the charged amount of pre-paid phone credit or debit in the telephone customer account (hereinafter also referred to as "Service").
The Google Play service is managed and owned by Google Inc., a company incorporated in Delaware with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google"). The use of Google Play is governed by a contract between you and Google consisting of the Google Terms of Service (available at the Internet addresshttps://www.google.com/accounts/TOS ) and the Google Terms of Service Play (available on the Internet athttps://www.google.com/mobile/android/market-tos.html ). In addition, the use of Google Play is subject to the Business Rules and Program of Google Play (available at the Internet site https://www.google.com/intl/it/mobile/android/market-policies.html ).
The present conditions of contract, specifications and economic conditions of Google Play and specifications and economic conditions of the content provider content (hereinafter the "Merchant") reported in Google Play form the contract of the Service (hereinafter jointly " conditions of Contract ").
Some of these contents can be offered by Vodacom, while others can be offered by third parties not connected to Vodacom. Customer agrees that Vodacom is not responsible for any content marketed by the Merchant Content on Google Play that is not produced by Vodacom itself.
1. Using the service and purchase of Content from Google Play
To use the service you must have a minimum age of 18 years and be resident in the Republic of South Africa. Your use of the Service implies full acceptance of the Conditions of Contract and commitment to respect them.
The right to access and use the Service is strictly limited to the SIM card inserted in the device used at the time of use of the Service, and is not transferable to third parties. The customer must be fully authorized to use the SIM card to use the Service. If the SIM card is not registered to the Client or if the real user data is not entered in the computer systems and associated users), the ultimate subject of the SIM card user must be authorized to use by the person whose name the SIM card service it. Vodacom expressly states that the use of the Service on a SIM card not registered to the Client and / or owned by a person who has been granted permission to use the SIM card of your use of the Service, can have consequences civil nature and / or, where appropriate, criminal, taxation of non-authorized customer.
Notwithstanding the mandatory law, Vodacom reserves the right to provide monthly maximum limits spending to purchase Content.
The customer has 15 minutes from the time to return the purchased content from Google Play and download the Content obtain a refund of the entire cost incurred. The customer can return a specific content only once; if the customer buys again the same content, it will not return it a second time.
Customer agrees to comply with all applicable tax information, also providing for communications and payments of taxes due in connection with the purchase of Content available in Google Play and will take charge of all communications and payment of taxes due.
2. Call center and communications
The customer can always contact the customer service 082111 to find information and assistance on the service.
3. Vodacom Responsibility and changes of Service
Vodacom does not guarantee, expressly or implicitly, that the Service will be free from errors or problems.
Vodacom does not accept responsibility for:
- the incorrect use by the Customer Service;
- the violation by the customer of any of the provisions set forth in clause 4;
- malfunctions and / or lack of conformity and / or configuration errors or incompatibilities of the device / terminal that the customer does not allow the use of the Service and / or Content;
- failure to send the contents as a result of delayed and / or non-payment by the customer;
- delays and / or total or partial interruption of the Service for any reason beyond the control of fact and / or negligence by Vodacom;
- acts of God or from acts and omissions of third parties;
- reserving the right, in such cases, as of now the right to suspend and / or terminate the Service and / or disable the Customer by the Service.
The cases listed in all points will consistently be resolved as soon as possible within the time required for this type of activity.
Vodacom also will not be held responsible for any damage to the Client and / or to its mobile devices that may arise from the content.
Vodacom reserves the right at any time and for any reason, to change these terms and conditions of service (i.e. specify the service-charge / charge) upon notice to the customer. Such changes will be communicated to customers by Vodacom, with at least 30 (thirty) days’ notice, in writing, or by means of appropriate information campaign. The Client, if you do not accept the changes proposed by Vodacom, will have the right to disconnect the Service, without charges and / or costs within thirty (30) days of notification by calling 082111. Notwithstanding the above, the customer is required to pay the fees accrued up to the date of service deactivation. If the Customer does not dis-activates the service within 30 (thirty) days of notification of the changes, such changes will be considered accepted.
Vodacom may at any time decide to suspend and / or terminate the Service and Vodacom shall not be liable for any right to compensation and / or damages. Vodacom will only be obliged to notify the Customer of the closing date of the service with a notice of at least 30 (thirty) days.
4. Customer Responsibilities for the use of the Service and Content
The SIM card holder will be responsible for any charges and payments incurred by the use of the Service independent of whom uses the service.
The Customer agrees not to use the Service for illegal purposes and shall at all times comply with these Conditions of Contract.
The content of Google Play purchases are intended solely for personal non-commercial purposes; (ii) the Customer shall not copy or distribute any part of the Service in any medium; (iii) shall not alter or modify any part of the Services other than as may occur during your proper use of the Service for their intended purpose; and (iv) shall comply with these Terms and Conditions.
In using the Service and make use of the Content, the Customer agrees to:
- not violate the provisions of law, regulations, third party rights, including provisions relating to the law on authors' rights;
- not forward, reproduce, duplicate and distribute any Content which are offered under license for personal use only.
- Furthermore the customer is committed to:
- not to cause damage and / or engage in disruption to telecommunications operators and / or other customers;
- comply with any limitations in the use of the Service and the use of exclusively reserved contents to adults;
- Vodacom hold harmless from any liability arising from failure to comply with these limitations.
The customer therefore undertakes to indemnify Vodacom from any damage resulting from the breach of these terms and conditions and / or of any applicable law or regulations.
The customer finally agrees to pay on time the amounts provided for the use of the Service. In the event that the Customer is in default, Vodacom reserves the right to suspend the Service, and to terminate this contract, by written notice by SMS with notice of 7 (seven) days. Against this resolution, the Customer will have the obligation to pay the amounts accrued to Vodacom until the date of the resolution, subject to greater damage.
The Customer must also abide by good faith and fairness in the use and enjoyment of the SIM card, the Service, promotions and price plans, respecting the procedures and limitations of the Service offer.
The Customer should therefore refrain from achieving several benefits other than those related to the normal use of the SIM card and the Service.
In the above cases Vodacom reserves the right to terminate or suspend Service offers and promotions, and to take any other reasonable measures provided for in the Conditions of Contract. Vodacom also reserves the right to suspend at any time Service promotional offers in the event of faults or defects of the technical control or billing systems.
5. Rights of Industrial and Intellectual Property
All rights to industrial and intellectual property in connection with the Service and everything else connected with the provision of the same by Vodacom, including all data, information, materials and other content, including by way of example and not limitation, texts, drawings, graphics, photographs, software (in any code, or notation language), videos, music, sounds, is the exclusive property of Vodacom and / or its licensors. No right or license is granted to the Customer on the same except for that provided in these Conditions of Contract and / or any specific conditions that the customer agrees to comply.
The Customer acknowledges and agrees that the trademarks, names, logos and signs used by Vodacom in connection with the Service and all related rights Industrial and / or Intellectual Property is the exclusive Vodacom's ownership and / or its licensors.
The use of Content does not give the Customer any rights to any of them. All intellectual property rights relating to and connected to the Contents and computer means by which they are implemented are and remain the exclusive property of the Merchant. Intellectual works such as (but not limited to) the editorial content, they are the exclusive property of the owners of copyright and other related rights, and are protected by law. These can only legitimately be downloaded for personal and private use of the Customer, and cannot in any way be reproduced, processed, distributed, sold for consideration to a third party, adapted, or made available to the public.
6. Disclaimer of Warranties
The Customer expressly declares to be aware and accept that its use of Google Play or any Content downloaded or otherwise obtained through Google Play is at your sole risk.
The use of Google Play or any Content downloaded or otherwise obtained through the use of Google Play by the Customer it is at his own risk, and the Customer is solely responsible for any damage suffered by my device and the loss of data that may suffer as a result of that use.
To the extent permitted by law, Vodacom also expressly disclaims any warranty of any kind, express or implied, including any of merchantability, quality assurance, fitness for purpose and non-infringement with respect to Content downloaded or otherwise obtained through Google Play with reference to Google Play.
7. Limitation of Liability
The Customer acknowledges and accepts that Vodacom is not liable (whether in contract, tort liability, including liability for negligence) for any direct, indirect or consequential damages that the Customer may have suffered through its use of Google Play or with respect to any content downloaded or otherwise obtained, including any loss of data, even if Vodacom unless it results from Vodacom gross negligence.
8. Applicable law and exclusive jurisdiction
All matters arising from or in connection with this Contract Conditions including, without any limitation whatsoever, its interpretation, validity existence or termination for any reason shall be determined in accordance with the laws of the Republic of South Africa. The use of the Service constitutes full and unconditional acceptance by the Customer of the Conditions of Contract.
Vodacom as owner of the data processing, ensures that the processing of personal data of customers is carried out in a manner consistent with the requirements of Protection of Personal Information Act of South Africa (“PoPi). For operation of the Service customer data will be shared between Vodacom, Vodafone Group PLC and Google, as Google Play Provider and Merchant. The personal data of the above processing, may consist of text, video, images, sounds, phone numbers, email addresses, nicknames, pet names and / or otherwise from any appropriate information to identify or possible to identify the customer, even indirectly , by reference to any other information including a personal identification number. For the purpose of the use and implementation of such a system may require the storage of data. The data will be used for accounting reasons and for reasons of administration and technical management of the Service. You agree to use the Service and therefore authorize the consequent and adequate use of your data. Vodacom, Google and the Merchant are allowed, in order to prevent abuses in the use of the Service to carry out random checks on the information sent. Vodacom, Google and the Merchant are allowed to relay messages to the civil authorities and to the competent authorities, in compliance with applicable laws and ordinances, in the case where there is a suspicion of crime or breach of contract. The customer's personal data may be transferred outside of South Africa to England, United States of America and Ireland.
Use of Personal Information or personal data
1) Purpose of treatment and mandatory data
The data you provided will be used by Vodacom, for purposes related to your use of the Service for the purchase of digital content and services available on Google Play and to allow the fee charged on prepaid phone credit or debit in telephone Customer's behalf. In addition to the aforementioned purposes, the data is processed, to fulfil Vodacom’s obligations under the law, regulations or legislation.
The failure, partial or incorrect entry of the above data by the Customer may not allow the purchase of digital content and services.
2) Procedures and logic of the treatment
The customer data is processed manually (e.g. on paper) and / or automated tools (for example, by using electronic procedures) and in compliance with current regulations for the activation of the Service.
3) Data Controller, Managers and categories of Representatives in the field Vodafone
The holder of your personal data is Vodacom (Pty) Ltd and Vodafone Group, companies subject to management and coordination of Vodafone Group Plc, with registered office in in the Republic of South Africa and England respectively.
Your data will be handled by Google, such as Google Play Provider and Merchant, who are headquartered at 1600 Amphitheatre Parkway, Mountain View California 94043, USA such as suppliers of digital content and services you purchased on Google Play. Google Merchant and carry out the related treatments such as independent Holders in accordance with the provisions on privacy.
Your personal data will be handled by competent technical / operational functions of Vodacom and the Vodafone Group PLC Company. Such staff, who operate under the direct authority of the respective "Data Processors", the data processors have been designated and have received respect, adequate operating instructions.
4) Categories of third parties to whom the data may be communicated as Holders or could learn about them as managers or agents
Besides give Vodacom employees, some processing of your personal data may be also performed by third parties, that Vodacom entrusts certain activities (or part thereof) to achieve the purposes of paragraph 1). In this case the same subjects will work as autonomous holders or will be designated as Managers or Trustees. The Managers or any Assigned, Vodacom will impart adequate operating instructions, with particular reference to the minimum security measures, in order to ensure confidentiality and data security.
5) Right of access to personal data
You will access at all times to the data concerning you and you can exercise the other rights provided in terms of the Promotion of Access to Information Act 2 of 2000. Similarly you may ask the source of data, correction, updating or integration of inaccurate or incomplete data, or erasure or blocking of data handled in violation of law, or oppose their use for legitimate reasons as indicated in the request and as permitted by PoPi.