JustSoccer Terms and Conditions
(The terms and conditions are hereinafter referred to as the “Agreement”)
The Agreement is entered into by you, the user of the Service (Hereinafter referred to as ‘You”) and the provider of the Service, being Smartcall Technology Solutions (Pty) Ltd (Hereinafter referred to as “Us” and/or the “Company”,)
The terms “Your”, “Our”, “We” and any analogous terms shall apply as is appropriate under the circumstances herein.
IF YOU DO NOT HAVE THE BILL PAYERS’ PERMISSION TO USE THE SERVICE - THEN DO NOT ACCESS THE SERVICE AND PROMPTLY CEASE USING THE SERVICE.
1. JUSTSOCCER COMPETITIONS, CONTENT AND PRICING
1.1 JustSoccer (Hereinafter referred to as the “Service”), accessible via www.justsoccer.co.za, is a mobile subscription service charged at R3.00 per day (network charges may also apply), or at such lesser promotional price which We may decide upon from time to time, which offers You one entry to a competition each game week and unlimited access to the available content while you remain subscribed to the Service. The daily charge of R3.00 will be recovered directly from Your network service provider by way of airtime billing and You will, in turn, pay Your network service provider. You authorize Us to recover the relevant amounts directly from Your network service provider who You authorize to pay Us by way of your airtime as soon as such airtime is available . You confirm that You are allowed to provide the authorizations mentioned above, or that you have obtained the billpayers express and informed consent. Network charges may also apply.
1.2 The Service may offer competitions from time to time, soccer news, information and has some of the hottest mobile soccer content available (Hereinafter collectively referred to as the 'Content'). Being a member of the Service gives you access to this selection of Content and more.
2. MARKETING COMMUNICATIONS
2.1 By entering into this Agreement, You expressly consent to receive future marketing communications from Us and Our partners. You can opt-out of receiving these communications at any time by following the opt-out instructions below or in each message sent to You.
2.2 Cancellation You are free to cancel Your subscription to the Service at any time by following the instructions below:
To unsubscribe dial *135*997# from your Vodacom handset or sms stop to 36628 for all other networks
3. INTRODUCTION
3.1 The Service is operated by Smartcall Technology Solutions (Pty) Ltd , which is a limited liability company registered in the Republic of South Africa under Company Registration Number: 2000/006777/07.
4. EFFECT OF THIS AGREEMENT
4.1 By consenting to the terms and conditions contained in this Agreement and/or by continuing to use the Service, and/or by purchasing access to exclusive content, You are bound by the entirety of this Agreement read in conjunction with any of Our other applicable terms and conditions, and as such, terms may be amended by Us from time to time without prior notice to You. In the case of any inconsistency between any specific rules of the Service and this Agreement, this Agreement shall prevail.
4.2 We reserve the right to make any amendments to this Agreement, as We deem necessary, in Our sole discretion. By continuing to use the Service You are accepting any changes to this Agreement.
5. YOUR REPRESENTATIONS
5.1 By seeking to register with Us or by using the Service, You hereby represent and warrant to Us that at all such times You:
a) are located in South Africa;
b) are of sound mind and capable of taking responsibility for Your own actions;
c) understand that You may be charged for using the Service and that You accept full responsibility for any such charges that may apply;
d) are acting as principal and not on behalf of anyone else;
e) You are the authorized owner of the mobile device which You used to register for the Service during the registration process and/or any subsequent mobile device/s registered on the Service.
5.2 You agree to abide in full by this Agreement.
5.3 You hereby warrant to Us that:
a) all information provided in Your registration for the Service and all personal information (as defined in the Protection of Personal Information Act, 4 of 2013, or otherwise) provided to Us is complete, accurate and not misleading;
b) You will only use the Service strictly for legitimate and lawful purposes only; and;
c) You will not attempt to hack, make unauthorized alterations to or introduce any kind of malicious code to any aspect of the Service or the Company, by any means whatsoever. Criminal charges and civil legal proceedings may be brought against You if You try to manipulate the Service or any of the Content, and We reserve the right to pass on such information as We deem necessary to the relevant authorities if We become aware or suspect that You are involved in any such activities. You agree to any such disclosure and hold Us harmless in respect thereof.
6. UPDATES
6.1 We may change, at Our sole discretion, in whole or in part, the format of the Service or the Content that We offer in order to enhance, correct or support such Service or Content, or for any other reason. We cannot be held liable for any technical errors and/or other malfunctions, howsoever arising, in or to, the Service and/or the Content.
7. REGISTRATION
7.1 Before You are able to access any of the Content or use the Service, You will be required to register with Us by completing the registration process.
7.2 Following registration and pursuant to having been successfully billed by Us via Your mobile network operator on the mobile device that You registered with, You will be provided with access to the Service. Transactions made using your mobile number are accepted by Us strictly on the understanding that You are using the Service. You agree to be solely responsible for use of the Service through use of Your mobile device at all times. If an alternative person has accessed Your mobile device, We accept no liability whatsoever, including but not limited to, any charges, information (including Personal Information and/or Special Personal Information as defined in the Protection of Personal Information Act), lost, stolen or misused. If You believe that Your mobile device is in any way being misused by a third party, please inform Us immediately so that We may suspend Your access to the Service.
7.3 We reserve the right to verify Your identity at any time (including by using third parties, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided by You to Us in your registration or at any time thereafter. If upon Our request, You fail to provide evidence of proof of age or other requested information, this will result in the suspension of Your registration and/or use of the Service.
7.4 Upon completion of the registration We will confirm by SMS to the mobile number which You provided that Your registration is now complete.
7.5 We reserve the right to monitor the use of the Service and We may elect, in Our sole discretion and without providing reasons therefor, to suspend and/or terminate Your registration and/or use of the Service, if We consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that We deem necessary.
7.6 You agree to return in the same condition or forthwith settle to Us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to You under the Service and/or as a result of any promotional competitions we offer from time to time, in circumstances where We subsequently discover that You have breached this Agreement and/or any competition specific terms and conditions (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).
7.7 We reserve the right to record all telephone calls made to Us and to monitor all information relating to the Service for which purposes You consent including forwarding on such calls to our authorized third parties.
8. COMPATIBILITY
8.1. You may experience problems or be unable to access certain Content successfully depending on the mobile device used to access certain Content. If You have an issue that limits Your access to some or all of the Content and would like to raise a query or ask for technical assistance, please email Our customer support team at [email protected]. You acknowledge that We are not responsible for any costs or losses incurred by You, damage to Your mobile device or loss of data (including Personal Information and/or special Personal Information) resulting from any such incompatibility.
8.2 We make no representation as to the compatibility of Your mobile device with the Service and You acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of Your mobile device with the Service and/or the Content.
9. SECURITY POLICY
10.1 We will not sell Your personal information to third parties. We may however pass on your details to our 3rd Party Providers for Direct Marketing purposes and/or the relevant authorities or regulators if we wish to investigate, inter alia, any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service, or if we are required by law to do so.
10. REWARDS
10.1 We may offer from time to time access to Content which is free to access but which will require full registration.
10.2 The rules of access to free Content will be displayed in the Service or may be obtained on request from us by emailing in
[email protected]., failing which this Agreement shall apply.
11. COMPLAINTS AND DISPUTES
11.1 Should You wish to make a complaint to Us in respect of the Service or any other matter, please contact Us by emailing [email protected] or by calling our helpline on 0115074630. We will endeavour to assist You as soon as reasonably possible.
11.2 The Company is a member of WASPA and is bound by the WASPA Code of Conduct. You have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
12. OUR LIABILITY
12.1 The following provisions set out Our entire financial liability (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, employees, agents and sub-contractors) to You and/or any other 3rd parties, in respect of, inter alia,:
a) any breach of this Agreement,; and
b) any representation, statement and/or delictual act or omission including negligence arising under or in connection with the Service.
12.2 Nothing in this Agreement excludes or limits our liability:
a) for death or personal injury caused by Our gross negligence; or
b) for any matter which it would be illegal for Us to exclude or attempt to exclude liability for; or
c) for fraud or fraudulent misrepresentation.
12.3 We are not liable for any loss or damage that You may suffer because of any act of Force Majeur including, inter alia, any act of God, pandemic, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of Our control. In such an event, We reserve the right to cancel or suspend the Services in whole or part without incurring any liability.
12.4 All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and We shall, to the fullest extent permitted by law, have no liability to You in respect of same. You agree to indemnify Us and hold Us harmless in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with Our breach of this Agreement or Our gross negligence) which We may suffer arising out of or in connection with Your use of the Service or otherwise arising out of or in connection with Our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.
12.5 Subject to Clause 12.2,
a) Our liability to You, including for negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (twelve) months;
b) We shall not be liable to You for any indirect or consequential loss or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not We have been made aware of it;
c) We shall not be held liable or responsible for any consequences that occur through Your use of the Service where the circumstances that caused such consequences were beyond Our reasonable control, including any loss or damage that has arisen through the Content or the Service or its content, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in content.
12.6 We accept no responsibility and shall not be liable to You for the Content of or use by You of any information or services offered by third parties’ advertising (including advertising by any referral companies) and/or Our 3rd party providers or otherwise posting information (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can We be said to endorse the contents of such advertisements or information. In particular, We shall have no liability in respect of material hyperlinked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by Us of a link to website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.
12.7 We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Service (save to the extent expressly provided in the Service) and We reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the User.
12.8 We are not liable for any failure to perform by a third party to this Agreement.
13. INTELLECTUAL PROPERTY
13.1 The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (collectively the 'Materials', which expression includes, inter alia, text, data, graphics, photographs, videos, animation, images and audio-visual content, are owned by, or licensed to, Us or are the ownership of third party websites). The IPR are protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against You or any such person who makes unauthorized copies or distribution of Materials and/or IPR.
13.2 Any downloading, use or copying of the Materials is strictly prohibited and, in particular, You agree to use the Materials solely for Your own personal, non-commercial use and specifically not for any business, commercial or public purposes or for any purposes which may be otherwise unlawful.
13.3 The following activities are prohibited without Our express prior written permission:
a) the deployment within the Service of any spider, robot, web crawler or other automated query program; and
b) the re-use and/or aggregation of any of the Materials in the provision of a commercial service.
13.4 The copying and use of third party Materials accessed via the Service is governed by the terms of use applicable to the third-party website accessed by You.
13.5 Our names and associated logos together with those of our 3rd party providers, where applicable, are our exclusive trademarks and cannot be used by You without Our prior written permission.
14. SUBMISSION OF INFORMATION
14.1 Save for personal information (which shall be dealt with in accordance with the Privacy Policy), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to Us or other users through the Service will become Our exclusive property and We shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction or consideration whatsoever.
15. GENERAL
15.1 This Agreement constitutes to the fullest extent permitted by law the whole of the Agreement between You and Us with regard to the use of the Content and the Service.
15.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
15.3 No failure or delay by Us to exercise any of Our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by Us.
16. ELECTRONIC COMMUNICATIONS
16.1 By visiting Our website, using Our Service and/or sending e-mails to Us, You are communicating with Us electronically. Your use will thus constitute your express, informed consent to receive communications from Us electronically which will allow Us to communicate with You via e-mail, SMS and/or any other electronic means. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, satisfy any and all legal requirement that such communications be in writing.
17. 3rd PARTY GOODS, SERVICES AND WEBSITES
17.1 Your use of those 3rd Party Provider’s goods and/or services which You may link to or access through Your use of the Service may be subject to this Agreement and/or the terms and conditions applicable to those 3rd Party Provider’s goods and/or services. You agree that it remains Your obligation to familiarise Yourself with 3rd Party Provider's terms and conditions and to comply with both them and this Agreement. In the event there is a conflict between this Agreement and 3rd Party Provider's terms and conditions, this Agreement shall prevail to the extent of the conflict for the purposes of Your use of the Service.
17.2 Links to and from the Service from and to 3rd Party Provider’s services or websites does not constitute Our endorsement of these 3rd Party Provider’s services or websites or their content, nor do We necessarily associate Ourselves with their owners or operators. You are solely responsible for identifying and familiarising Yourself with any terms and conditions which will govern your relationship with 3rd Party Provider’s operating the 3rd Party Provider services or websites.
17.3 We have no control over 3rd Party Provider’s services or websites and You agree that We are not responsible for any content, information, goods or services available on or through any 3rd Party Provider’s websites or for any losses caused or alleged to be caused by, or in connection with, Your use of or reliance on any such content, information, goods or services available on or through any 3rd Party Provider’s services or websites. You agree that where You access 3rd Party Provider’s services or websites, You do so entirely at your own risk.
17.4 Your interaction, correspondence or business dealings with 3rd Party Providers which are referred to, or linked from, or to, the Service is similarly entirely at Your own risk and is solely between You and that 3rd Party Provider, including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
18. GOVERNING LAW AND DISPUTES
18.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Service, and that the laws of the Republic of South Africa shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where We believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing or using the Service, its Contents whether in whole or part.
19. CUSTOMER SERVICE
19.1 If You have any questions concerning this Agreement please contact: Customer Services: Smartcall Technology solutions (Pty) Ltd, Email: [email protected] or text: send 'STOP' to '44832' to unsubscribe at any time.
COMPETITION TERMS AND CONDITIONS
1. We may offer from time-to-time Content which is free to access but which will require full registration.
2. The rules of access to free Content will be displayed on the Website.
3. Spot prizes of airtime will be given away at the promotor’s discretion.
4. Prize winners will be notified via SMS.
5. Prizes are not transferable and cannot be exchanged for cash.
6. The competition is open to anyone in South Africa except a director, member, partner, employee or agent of, or consultant to the promoter or any other person who directly or indirectly controls or is controlled by, the promoter or a supplier of goods or services in connection with that competition or any family members relating to this promotion.
7. Upon entering the competition, the entrant agrees and grants Justlocal the right to use his/her name and photographs in any advertising and promotional material without any compensation.
8. Justlocal has the right to terminate the competition immediately and without notice.
9. In the event of such termination, all participants agree to waive any rights that they may have in terms of this promotion and acknowledge that they will have no recourse against Justlocal, its agents and/or promoters.
10. The judges’ decision is final and no correspondence will be entered into.
11. Entering this competition indicates acceptance of all the above rules.
12. The Company 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 Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
13. The Company has 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.
14. The Company has the right to take down any content that it considers illegal or for which it has received a take-down notice.
15. This service must not be used:
• to intentionally engage in illegal conduct,
• to knowingly create, store or disseminate any illegal content,
• to knowingly infringe copyright,
• to knowingly infringe any intellectual property rights, or
• to send spam or promote the sending of spam.