COMPETITION RULES:
1.) All participants, by entering the competition, agree to be bound by these competition rules which rules constitute the contract between Vodacom Service Provider Company (Pty) Ltd ("the promoters") and all participants.
2.) The promoters will assume no liability for any entry that has been omitted from participation for any reason whatsoever.
3.) Competition is open to Vodacom and non Vodacom customers.
4.) Any legal or natural persons having any involvement with the devising, production or promotion of the competition including all employees of Vodacom (Pty) Ltd are disqualified from competing.
5.) Promoters decision is final.
6.) Each prize-winner, by accepting the prize, assigns to the promoter all rights to publish his/her name and photographs in any promotion, print, point-of-sale or public relations material for a period of 12 (twelve) months from closing date of the competition. The prize-winners may be required to appear and be identified in or on national and regional media at no fee. The prize winners may be required to give their consent in writing to endorse, promote and/or advertise any services of the promoter.
7.) The promoters will assume no liability whatsoever for any direct or indirect damages occurring as a result of participation in the competition, or as a result of the use by any person of any of the prizes.
8.) If the competition is held to be or becomes unlawful, the promoters shall have the right to terminate the competition immediately and without notice.
9.) The competition starts on the 25th of January 2010 and the closing date for the competition is 01 April 2010, but may be extended at the sole discretion of the promoters.
10.) Participants will be randomly selected from all entries in the possession of the promoters.
11.) The finalists/winners will be notified telephonically. If that participant is not immediately contactable by telephone they will not qualify and the following participant will be contacted.
12.) The promoters may refuse to award any prize if entry procedures or the terms and conditions recorded herein have not been adhered to or if the promoters detect any irregularities or fraudulent practices.
13.) The prize is a WirelessG WiFi Hotspot from Vodacom Business to the value of R415 (VAT incl) per month, or R5,000 over a 12-month period.
14.) Dependant on the coverage area the prize will consist of;
14.1) One (1) ADSL 512kbps service
14.2) One (1) WiFi access point (AP router)
14.3) One (1) Gigabyte of bandwidth per month
15.) The specific prize awarded the competition winner is subject to coverage and availability, should we be unable to provide all components of the prize, Vodacom holds the right to change the prize to an alternative product or service.
16.) The competition winner will be contacted via phone and/or email to arrange for the fulfillment of the prize, should for any reason we are unable to fullfil the prize due to your unavailability for a period more that 3-months, the prize becomes invalid.
17.) Winners are subjected to Vodacom’s credit vetting policies to make provision for continuance of the service after the period that the prize is valid for has lapsed.
18.) The AP router equipment described in point 14 will be collected by Vodacom Business or its contractor if the customer does not wish to continue with the service after the 12-months has lapsed.
19.) X-Press for SMME bundles are only available on 24-month contract. All prices include VAT. Upgrades and downgrades cannot be accommodated. Elements of the bundles cannot be changed for any alternative product or service. Any usage outside of the inclusive IP Talk voice bundles will be invoiced monthly in arrears. The IP Talk bundles reset at the beginning of each month and no carry over is permitted. Once the inclusive VoIP call minutes have been depleted the usage based VoIP rates will apply. Terms and Conditions apply to all Contract and Prepaid offers. Please visit www.vodacom.co.za for our full Terms and Conditions that always apply. You will be charged for the volume of data sent and received, and not the time you spend connected. Unused Contract, Month-to-Month and Once-Off bundles data expire at month end. Unused Prepaid and Top Up bundle data expire after 30 days. Once you have used up your bundle, the applicable out-of-bundle rate will apply. SMS messages are charged in accordance with prevailing tariff plans. Data transfer speeds are not guaranteed and are dependent on network availability and utilisation. A compatible device is required to use the 3G & HSDPA services. Out-of-bundle pricing is rounded up to the nearest cent. Bundles and tariffs only apply to standard APNs. It is the responsibility of the Prepaid and Top Up customer to ensure that they have a sufficient balance to their account for any downloads or other activity. Customers will not be refunded if they attempt to download any items and they run out of funds during this download, causing the session to be terminated. Tariffs do not apply to data roaming. Migration terms and conditions apply. Prepaid and Top Up customers must have a minimum airtime balance of R2.00 to initiate a data session. Deals/Offers valid while stocks last. Vodacom Business reserves the right to alter or withdraw the deals advertised in this brochure without notice. Subscriptions on the different packages may vary based on negotiated corporate rates. E&OE.
1 DISCLAIMER
1.1 Whilst every effort has been made by Vodacom (Pty) Ltd ("Vodacom"), and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information/images and the reliability of the binary data on this website, Vodacom, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of services, content and information offered on this website ("the Services") or the accuracy of the information and/or images on this website.
1.2 We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information and/or images contained on this website, and the Services are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
1.3 We will not entertain requests for exchanges, returns and/or refunds.
1.4 This site may contain hyper-links to third party sites. Vodacom is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.
1.5 Please note that Vodacom is not a sponsor of the World Cup and the information on this page is provided for news purposes only.
2 INDEMNIFICATION
You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Services offered on this website, or the use of the Services, information and/or images available on this website, whether due to our negligence or not.
3 USE OF SERVICES
3.1 You may only use the Services for lawful purposes and you warrant that you shall not:
3.1.1 use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
3.1.2 use the Services for the transmission of "junkmail", "spam", "chain letters", or unsolicited mass distribution of SMS;
3.1.3 other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website, and you may not, other than for your personal and non-commercial use, "mirror" or cache information provided via this website on your own server, or copy, adapt, modify or re-use the text or graphics from this website without prior written permission from Vodacom.
4 PRIVACY POLICY
4.1 Vodacom and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, Vodacom has created this Security and Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
4.2 What types of information are Vodacom collecting, and how do we do it?
You will be able to explore the majority of the Services offered on this web site without us collecting any identifiable information from you. For the purpose of business communications, administration and transacting we may collect and use personal information, for example: your name, address, telephone number, e-mail and/or account details. This will enable us to:
Respond to queries or requests submitted by you;
Process orders or applications;
Resolve problems with goods and services previously supplied; and/or
Create products or services that may meet your future requirements.
Vodacom will collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you, our customer. Mostly, this is done by completing an online form.
4.3 The use of Cookies
We may store some information (commonly known as a "cookie") on your computer when you visit our web site. This enables Vodacom to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Vodacom may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.
4.4 What about the security of my personal data?
Vodacom have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that Vodacom cannot be responsible for the privacy policies and practices of other web sites you may access using links from this website. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching our web site. Vodacom therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
4.5 Will Vodacom disclose any of my personal information?
Vodacom does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, Vodacom will not sell your personal information to third parties unless you give us your specific permission to do so. For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
4.6 Amendments to this Security and Privacy Statement
Vodacom reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.
4.7 Whilst your name and e-mail address which is supplied to us when registering for the Services will not automatically be made available to the recipient of your SMS, we nevertheless are able to trace the source of an SMS, and such information will be made available to the authorities if required by law.
4.8 Monitoring or recording of your calls, e-mails or SMS's may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify you.
5 ELECTRONIC COMMUNICATIONS
All electronic communications, including any attachments thereto that are transmitted to you by us, shall be on the following terms and conditions:
5.1 Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Vodacom, the following terms and conditions shall apply:
5.1.1 An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Vodacom shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Vodacom, as the case may be.
5.1.2 Where Vodacom is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Vodacom, and upon such Director expressly and manually acknowledging receipt of such acceptance.
5.1.3 An electronic communications shall be considered to have been sent by a Director as aforesaid only if:
5.1.3.1 the Director sent it personally; or
5.1.3.2 it was sent by a person who had the required authority to act on behalf of the said Director.
5.2 Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
5.3 Vodacom is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
5.4 Whilst Vodacom does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.
6 INTELLECTUAL PROPERTY RIGHTS
You acknowledge that we own the intellectual property rights in and to this website, and all Services contained herein, and that the unauthorised use thereof is expressly prohibited. The word or mark "Vodacom", and "Voda", however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are the trademarks of Vodacom, or one of its affiliated companies.
7 PASSWORD
If you have a password you undertake to keep it secure and warrant that no other person shall use the Services utilising your password, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Services is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
8 TERMINATION AND VARIATION
We reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
9 GENERAL
9.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
9.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
9.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
9.4 These terms and conditions, as varied by us from time to time pursuant to clause 7, above constitute the sole agreement between yourself and ourselves.
9.5 These terms and conditions shall be for the benefit of Vodacom and may be waived by us in our discretion.