All content including games (‘Content’) is licensed to you by the promoter. The promoter is as per the banner, link, that the user subscribes to. The user of the services provided by the promoter and includes any person who we reasonably believe is acting with your authority or knowledge, including but not limited to use of your mobile phone. The promoter 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. The promoter 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. 1. Applicability 1.1. By accessing or downloading the Content, an agreement between you and Content provider incorporating these terms and conditions will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary. By accessing or downloading Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up to date with any changes in the terms and conditions. 1.2. The general terms and conditions of your subscriber agreement (including post-paid and prepaid) shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only 1.3. This Agreement is governed by South African Law, and you agree to submit to the exclusive jurisdiction of the South African courts. 1.4. Nothing in this Agreement affects your statutory rights as a consumer. 2. Licence Grant 2.1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content has been licensed to the promoter by the rights owner(s). 2.2. You are only entitled to download Java Games once to your phone and store one copy of that Content in your phone's memory. You may make one copy of that Content for back-up purposes only. 2.3. All copies of Content remain the property either of the promoter or the rights owner(s) from whom the Content has been licensed. 2.4. THE PROMOTER will not replace or refund any Content if such Content is deleted, damaged or otherwise removed from your mobile phone through no fault of ours. 2.5. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content. 2.6. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all the Content. You are expressly prohibited from forwarding the Content. 2.7. You must be over 16 years of age, or else you must be able to demonstrate that you have obtained your parent's consent to access or download the Content. Additionally, you must obtain the permission of the person who pays for the mobile phone (including usage charges) before accessing and downloading the Content. This includes where your employer or parent pays for the mobile phone bill. 2.8. The user of any SMS based or delivered Content must have a mobile phone that is capable of sending and receiving text messages, and your Service Provider must allow access to the Content and receipt of messages from us. 2.9. If you are using Java based Content, you must ensure that your device is listed as a supported device (either on our website or on any material provided to you), you can receive SMS messages and the WAP gateway you use is correctly configured. 2.10. You must not use the Content other than in accordance with the acceptable use policies of any connected networks. 2.11. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable for damages, costs and expenses incurred as a result of your breach of this Agreement. 2.12. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not, until such time as you notify the service provider of such unauthorised use and we have stopped access to the Content from your mobile phone. 2.13. You must inform the promoter immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content, and you will, at our request, immediately stop the act or acts complained of. If requested to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content. 2.14. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention. 2.15. Indemnity by you: You agree to indemnify us, our licensors and your Service Provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by The promoter or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your phone) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide the promoter with full authority to defend, compromise or settle such claims and shall provide the promoter and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense. 3. Delivery of the Content 3.1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices. 3.2. The promoter is not responsible for any failure to deliver Content to you, if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content. 3.3. We may vary the Content or the technical specification of the Content from time to time. 3.4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that we permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice 4. Warranty 4.1. The promoter warrants that the Content will be substantially free from defects and fit for use on your phone provided that such phone is listed on the promoter website as supporting such Content. 4.2. Except as specifically provided herein and to the fullest extent allowed by applicable law, The promoter expressly disclaims all other warranties, conditions, and other terms, whether express or implied, written, or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement. If the Content you have bought is defective, your remedy is to seek a refund for the cost of that defective Content from the retailer where you purchased the Content. Content will not be considered defective due to problems arising solely from your mobile phone or your WAP connection. 4.3. To the fullest extent allowed by applicable law, The promoter and any of the other parties involved in the provision of the Content will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, or otherwise. 4.4. Nothing in this Agreement shall affect your statutory rights as a consumer or act to exclude or limit our liability for (i) death or personal injury caused by our negligence (ii) fraud (or) (iii) any other liability which may not be excluded or limited by applicable law. 5. Customer Support 5.1. Customers can contact 135 for all customer related queries 5.2. Customers can Unsubscribe via (*179*7867#) 5.3. Customers can also unsubscribe via the relevant SMS messages received during subscription 5.4. For any billing errors the customer can contact 135 6. General rules for competition subscriptions: 1. The content service for subscriptions to any competitions is regulated by the WASPA code of conduct and the attendant rules applicable. 2. For promotional competitions, we include the cost of entry. The cost of entry may not exceed R1.50 per entry. The subscription cost of R3.00 will give the entrant two chances of entry to the competition. 3. By clicking on the T&C’s link, the participant is automatically linked by the competition subscribed and the information contained in that promotional banner will be the competition subscribed to. 4. This SMS, PCM and USSD Promotion is organised and sponsored by the promoter. The promoter airtime, WhatsApp bundle and data bundle vouchers prize giveaways is open to all Prepaid customers only who subscribe to Innovate Entertainment content Services during the Promotion Period. 5. Directors, members, partners, employees, or agents of or consultants to the promoter, or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible for the Promotion and cannot win prizes. 6. The airtime and data bundle vouchers promotion giveaways mentioned in points 1 – 3 will run from 27th October 2021 until 27th December 2021 (“the Promotion Period”). 7. You understand that all information (including these terms and conditions) relating to this Promotion published on any promotional or advertising material or on our website at any time before or during the Promotion Period will form part of the terms and conditions of entry. The promoter has the right to withdraw this Promotion before the final day. 8. The promoter reserves the right to withdraw this Promotion or amend the terms and conditions of this Promotion at any time before the Promotion Period is over, in its absolute and sole discretion, on notice to you. 7. Prize: 1. Winners drawn will get the same bundle voucher credited to their mobile wallet accounts at the beginning of each new month for the remainder of 2021 (September 2021 – December 2021). 2. Airtime voucher giveaways for USSD, PCM and Out of Funds page Promotions – Number of airtime vouchers to be given away – 10 winners (10 winners x R100 voucher for each winner = R1000 total) if subscribed to any content service over the promotional period. 3. You understand and agree that you cannot exchange your prize for cash. The promoter reserves the right to substitute or exchange any prize with another prize of similar commercial value without notice, in their sole discretion. You will not have a claim against promoter in this instance. 8. Participation and awarding of prizes: 1. To participate to the airtime voucher prize promotions, you must subscribe to Innovate Entertainment content services of the promoter services under on the *179# USSD menu during the promotional period or via Telkom plus portal 2. To participate to the SMS data bundle voucher prize promotions, you must subscribe to Innovate Entertainment, or any mobile content service promoted via the *179# direct USSD string Telkom plus portal 3. Once you have met all the conditions as set out above, you will automatically be entered into the promotion to stand a chance to win. 4. Airtime voucher prize winners will be contacted by SMS from the promoter short code – *179# between the 22nd – 24th December 2021. 5. The promoter reserves the right to verify, by whatever means necessary, your eligibility to participate in this Promotion. 6. Any prize that is not claimed by the 30 December 2021 for whatever reason will be forfeited. 9. Winners: 1. You will be contacted by promoter or its authorised agent on behalf of the promoter. We may contact you by SMS. 2. The judges’ decision is final. The promoter confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the draw and this will be reported on the promoter’s internal audit reporting procedures. 3. If you are an airtime or data voucher winner, you will be contacted by SMS or via a Call confirming your details. 4. The promoter cannot be held liable for the interception or loss of your personal information while transmitted, stored, or processed across the internet, including social media sites and assumes no liability for any such interception or loss. 5. User data collected via the Promotion will not be used for any other purpose. It is important that you understand that all participants in the Promotion and winners indemnify the promoter, The promoter Media, its directors, affiliates, members, partners, employees, agents, consultants, 1. suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in this Promotion. 2. The promoter may amend, modify, or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Promotion, you agree and understand that you will be bound by the amended terms and conditions.