CELL C DIGITAL CONTENT – TERMS AND CONDITIONS OF USE OF CONTENT SERVICES
- 1.The content services which shall mean any text, video, audio or any interactive service (“the Content Services”) available on the PlayerPro.mobi storefront (“PlayerPro”) are licensed to you as a user (“you”) subject to the terms and conditions contained herein.
- 2.By accessing, downloading or subscribing to receive the Content Services on PlayerPro, and/or making use of the Content Services you agree to be bound by the terms and conditions contained herein. The provision of the Content Services and any subscription thereto is governed by the applicable legislation.
- 4.To read the Competition Rules for winning your share of R250 000 in Prizes Promotion scroll down here.
- 5.Please read these Terms and Conditions carefully before using the Content Services. By using the Content Service or submitting information through the Service, you are agreeing to these Terms and Conditions.
Costs And Billing
- 6.The various Content Services on PlayerPro are provided to you at a fixed recurring fee (in the case of subscription services) or at a once-off access fee. The pricing information is displayed on the opt-in webpage for the Content Services, for example, R5.00/day subscription. It is your responsibility to ensure that you understand these fees and the duration of the subscription term you are selecting when opting-in to receive access to the Content Services and/or when making use of the Content Services. Depending on the Content Services chosen, users are billed daily, weekly or monthly.
- 7.Subscriptions are renewed automatically at the end of each subscription term (i.e. daily as an example) for the same duration as the initial term. This renewal cycle will continue until you cancel your subscription. PLEASE SEE “HOW TO UNSUBSCRIBE” BELOW TO CANCEL A SUBSCRIPTION.
- 8.If your subscription renewal fails due to you having insufficient airtime available, partial billing will apply. In cases where partial billing is applied, your subscription will be renewed through the collection of an amount less than the original service fee for a given term. For example, if a renewal transaction for R1.00 is unsuccessful due to insufficient airtime, a partial collection of R0.50 (or less) may be attempted.
- 9.In the event that your subscription renewal fails due to you having insufficient airtime available to pay the subscription fee, you will remain liable for the subscription fee while the Content Services remains active, and the subscription fee will be recovered at a later date. A maximum of 3 (three) days’ missed billing may be recovered. This means that you may be charged more than once in a single day for a daily subscription, with the first successful charge being for the current day and the subsequent successful charge for the prior day/s where charging for the amount due, failed.
- 10.Prior to being granted access to the Content Services, you will be required to confirm your acceptance of the associated fees by completing Cell C’s opt-in process. No billing will take place against your account and you will not receive any Content Services until this opt-in process is completed.
- 11.Unless otherwise stated, all fees exclude data, SMS, MMS and associated delivery and access charges. Standard data, SMS and MMS charges apply.
How to Unsubscribe
- 12.You may cancel your subscription for the Content Services at any time by dialling *122*100# from your Cell C phone and following the prompts.
- 13.For help, dial *122*100#. For customer support dial 135 or 140 from your Cell C phone. Complaints and billing related queries can also be reported to customer support.
- 14.The Content Services made available to you is either owned by Cell C or licensed to Cell C, by the owner of the Content.
- 15.Any and all copyright and other intellectual property rights associated with the Content Services remains the property of Cell C, or of the original owner in the case of licensed Content Services.
- 16.The Content Services are provided to you for personal use only. You are expressly prohibited from forwarding, duplicating, replicating, reverse-engineering or otherwise manipulating the Content Services for use in any way.
- 17.If your SIM Card and/or devices are lost or stolen then you must immediately inform Cell C so that we can protect your interests and blacklist your devices from further use and/or block the use of your SIM Card. You will remain liable for all charges incurred for the Content Services until you have asked Cell C to block further use of your SIM Card and/or devices. You will not be liable for any charges incurred in respect of these Content Services by any unauthorised person after you have requested us to block your SIM Card and/or devices.
- 18.Cell C may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, and the amended version will be displayed in the same media as these terms and conditions. Cell C will notify you before Cell C amends or otherwise changes the terms and conditions.
- 19.Each time you access the PlayerPro storefront or respond to a promotional message distributing the Content you agree to be bound by the terms and conditions, as may be modified from time to time.
- 20.Cell C reserves the right to immediately suspend the Content Services should any fraudulent activity be suspected, and if the outcome of an investigation proves that fraudulent activity did occur, Cell C shall be entitled to terminate the Content Services immediately.
- 21.Cell C and any of its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from your use of the Content Services. To the extent allowed by law, the Content Services are provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied. Whilst every effort has been made by Cell C and its service providers, to ensure the proper performance of the Content Services, the accuracy of the information/images and the reliability of the binary data on the Content Services, Cell C, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the Content Services and/or information offered therein. We do not warrant that you will be able to access or use the Content Services at the times or locations of your choosing; that the Content Services will be uninterrupted or error-free; or that defects will be corrected. We therefore make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the Content Services and the Content Services is used at your own risk.
- 22.Cell C reserves the right to discontinue Content Services available and/or change the Content Serviced on offer to you. The affected Content Services subscribers will be notified of any sequence changes.
- 23.Any words, views or opinions expressed anywhere in the Content Services does not in any way reflect the views and opinions of Cell C.
- 24.By agreeing to be bound by these terms and conditions of use, you give Cell C the necessary consent to send you targeted direct marketing messages based on historical subscription data. You are entitled to opt out of these direct marketing messages with the applicable “stop” command provided to you in such messages.
- 25.This service is provided by Cell C Limited (“Cell C”).
- 26.We do not warrant that the Service will be compatible with your mobile device.
- 27.Network fees may apply when accessing the Content Services. Content Services may only be used with the permission of the bill-payer, or parent/guardian for children services.
- 28.Cell C Limited is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have a right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Cell C Limited may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
The use of the Content Services may not be used:
- (i) to intentionally engage in illegal conduct,
- (ii) to knowingly create, store or disseminate any illegal content,
- (iii) to knowingly infringe copyright,
- (iv) to knowingly infringe any intellectual property rights, or
- (v) to send spam or promote the sending of spam.
- 30.Cell C has the right to suspend or terminate the Content services of any user who does not comply with these terms and conditions or any other related contractual obligations and has the 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.
Privacy and Data Protection
- 31.We can get your personal information when you use the Content Services. In the case of the use of the Content Services your personal information is collected for the purpose of being used and processed in:
- a.personalising the Content Service to your respective preferences;
- b.for the serving of appropriate, tailored advertising to you via the Content Services;
- c.for the purpose of tracking the Content Service's performance;
- d.troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time;
- e.for use in devising additional enhancements or improvements to the Content Services; and
- f.statistical tracking, redundancy and audit purposes.
- 32.We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. We may also collect information about you from other companies, our business, or joint venture partners.
- 34.We will store your information for as long as we have to by law. If there is no legal requirement, we will only store it for as long as we need it.
- 35.We may share information about you with:
- a.Companies in the Cell C Group;
- b.Partners or agents involved in delivering the Content Services;
- c.Companies who are engaged to perform the Content Services for, on behalf of Cell C Limited;
- d.where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
- e.Where applicable, debt collection agencies or other debt recovery organisations;
- f.Law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;
- g.Emergency services (if you make an emergency call), including your approximate location;
- 36.We will release information if it's reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers;
- 37.If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
- 38.Cell C cannot accept responsibility for any unauthorised access or loss of personal information that's beyond our control.
General Rules for the Win Your Share of R250,000 in Prizes Promotion
In order to promote the various content services on PlayerPro.mobi and UpLife.mobi, Cell C Limited, Hyve Mobile (Pty) Ltd and Via Media (Pty) Ltd (“the Promoters”) are running the ‘Win Your Share of R250,000 in Prizes Promotion’ (“the R250k Prizes Promotion”).
All participants agree to be bound by the following Terms and Conditions for the duration of the R250k Prizes Promotion:
- 1.The R250k Prizes Promotion is only open for Cell C customers residing in South Africa.
- 2.The promotional period will run from 00:00 on 1 October 2023 until 23:59 on31 October 2024 (the “Promotion Period.”).
- 3.Participants stand a chance to win cash prizes to the total value of R195,000 in allotments of R5000 (five thousand Rand) each. Each month, three (3) subscribers who meet the qualifying criteria for entry will be selected through a random draw performed at the end of each month for the duration of the R250k Prizes Promotion and each qualified winner will win R5000 in cash.
- 4.Participants who meet the qualifying criteria also stand a chance to win monthly data bundle prizes for the Promotion Period and will be selected at the end of each month from a random draw.
How to Win
- 5.To qualify as a potential winner, entrants have to subscribe to any of the services on upLife.mobi or playerpro.mobi during the Promotion Period as stipulated in clause 2 above.
Costs and How to Enter
- 6.Subscription to the services on upLife.mobi and playerpro.mobi costs R5.00 per day or R10 per day, depending on the pricing information on the banner for the relevant service.
- 7.Users can subscribe to the services in one of the following ways:
- a.Dial the USSD string advertised on CellC “Please Call Me” messages, direct SMS marketing messages or by selecting a service on the PlayerPro/ Cell C Digital *122# USSD content menu and follow the prompts to subscribe to any of the services.
- b.Click on one of the promotional banners on the upLife.mobi or playerpro.mobi homepage as advertised.
- c.Click on one of the promotional banners on the Cell C “No Funds” webpage as advertised.
- d.Click on the SATPush or Whatsapp channel message as advertised.
- 8.Data bundle prizes will be awarded monthly and the winner will be randomly selected from a draw at the end of the month and sent a data bundle voucher code to their MSISDN. Data bundle prize winners will be notified by SMS only.
- 9.The cash prize winners will be randomly selected from a list of entries that have fulfilled the requirements as stated in clause 5 at the end of each month during the Promotion Period.
- 10.The winner of the cash prize will be notified by SMS and telephonically contacted within 3 (three) weeks after the end of each month during the Promotional Period.
- 11.Only entries received during the Promotional Period as stipulated in clause 2 above will qualify as potential winners.
- 12.Subscribers to this service, as well as winners of the R250k Prizes Promotion have to be at least 16 years old.
- 13.There are no additional charges for participating in the R250k Prizes Promotion, but any applicable standard data and airtime subscription costs apply.
- 14.A WAP enabled handset is required to access the services.
- 15.Any participant under the age of 18 shall present their parent / guardian’s written consent to enter the R250k Prizes Promotion, at the Promoters’ request.
- 16.Mobile numbers used to enter the R250k Prizes Promotion or subscribed to the service must be active on the Cell C network at the end of the R250k Prizes Promotion.
- 17.In the event that the user of the mobile phone (i.e. the participant in the R250k Prizes Promotion) is not the person that is responsible for payment of the participating mobile phone account, then the prize will be awarded to the person that is responsible for payment of the participating mobile phone account.
- 18.The Promoters will use reasonable efforts to contact the winner telephonically on the contact details used by the participant to participate in the Competition.
- 19.The cash prize winner will be contacted during working hours, between 8 (eight) in the morning and 5 (five) in the afternoon.
- 20.The Promoters shall attempt to contact the cash prize winner for a period of 2 (two) working days after his or her name has been drawn and verified as a winner.
- 21.Should a participant not be available on the contact number provided during the timeframe stipulated above or rejects, forfeits or declines acceptance of the prize, that person’s right to the prize will be deemed to have been waived and the prize will be forfeited.
- 22.The cash prize winner must be able to identify himself or herself in a manner determined by the Promoters as the entrant of the R250k Prizes Promotion and has to comply with the required validation procedure in order to claim the prize.
- 23.Participants must be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 12 (twelve) months for the Republic of South Africa and valid at the end date.
- 24.The prizes are not transferable or exchangeable.
- 25.The cash prize will be transferred to the winner at the winner’s chosen bank account.
- 26.The Promoters shall not be liable for any costs incurred by the winner in claiming the cash prize.
- 27.All risks and ownership of the prize shall pass to the grand prize winner on transfer/delivery thereof and hence all of the Promoters’ obligations in regard to the R250k Prizes Promotion as well as in regard to the prize shall terminate.
- 28.Notwithstanding the fact that the prizes vest on the winners immediately upon the determination of the results, any prizes that remain unclaimed/undeliverable after one (1)month of the end date or no reasonable effort is made on the part of the winners to claim the prizes despite having been advised of the results of the R250k Prizes Promotion will be forfeited.
- 29.The duration of the R250k Prizes Promotion may be extended or curtailed at the discretion of Promoters. In the event of a dispute in regard to any aspect of the R250k Prizes Promotion and/or the Terms and Conditions, the Promoters’ decision will be final and binding and no correspondence may be entered into.
- 30.The Promoters may refuse to award the prizes if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. The Promoters are entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they are rejected.
- 31.The Promoters are not liable for any technical failures affecting participation and/or prize redemption process of the R250k Prizes Promotion.
- 32.The Promoters assume no liability whatsoever for any entry that has been omitted from participation in the R250k Prizes Promotion for any reason whatsoever.
- 33.The Promoters have no control over the interception or loss of your personal information over the internet and assume no liability for any such interception or loss. The Promoters will adhere to their respective Privacy Policies which can be found here:
- 34.User data collected via the R250k Prizes Promotion will not be used for any other purpose than for the Competition and the provision of the service promoted.
- 35.Employees, directors, agents, contractors and consultants of the Promoters and all other participating companies and their immediate families, life partners, associates, or business partners do not qualify to participate or win in the R250k Prizes Promotion.
- 36.Neither the Promoters nor any other person or party associated with the R250k Prizes Promotion, their associated companies, agents, contractors and sponsors and any of its personnel involved in the R250k Prizes Promotion, shall be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the R250k Prizes Promotion or from claiming the prize.
- 37.The Promoters further reserve the right to alter, cancel or terminate the R250k Prizes Promotion immediately and without notice in the event that the R250k Prizes Promotion is held to be or becomes unlawful. In such event all participants hereby waive any rights which they may have against the Promoters and acknowledge that they will have no recourse or claim of any nature whatsoever against either of the Promoters.
- 38.All information relating to the R250k Prizes Promotion and published on any promotional material will form part of these Terms and Conditions.
- 39.The PlayerPro.mobi standard terms and conditions (above) apply when subscribing to or accessing the services during the Promotion Period.