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Lucky Subscription Terms and Conditions
Overview

These are the Terms for the Service. Before you use the service, you must read the Terms carefully. We recommend you print these out. By using the service, you agree to these Terms. If you don't agree then you must not use the service. If you do not understand these terms and conditions, you may call in to our Customer Care centre on 0861 11 11 06 for a simple explanation.

1. Definitions

1.1. "Acceptance Date" means the date on which you accepted the Agreement, be that in writing or by way of electronic medium, for example by clicking "I agree" on a web page or via your mobile phone, or telephonic acceptance;

1.2. "Activation Date" means the date on which we will give you access to and/or enable you to use the Service;

1.3. "Agreement" means the agreement concluded between you and us for the Service;

1.4. "Business Day" means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;

1.5. "Business Hours" means the hours between 08h30 and 17h00 on a Business Day;

1.6. "Credits" are the units of currency after rand value has been converted after purchase;

1.7. "CPA" means the Consumer Protection Act, 2008;

1.8. "ECT Act" means the Electronic Communications and Transactions Act, 2002;

1.9. "Intellectual Property Rights" means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;

1.10. " MSISDN" means the consumer's mobile number ;

1.11. "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;

1.12. "Network Coverage" means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established;

1.13. "Network Operator" means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes such as Vodacom, MTN, and Cell C and any other properly licensed service provider.

1.14. "PIN" means the Personal Identity Number allocated to a user of the Service;

1.15. "Service" means the Lucky Subscription - 39333 service made up of downloadable cellular entertainment content, such as quotes through SMS (Short Message Service) services and USSD menus to certain compatible cellular devices;

1.16. " SMS" means short message service;

1.17. "Service Fees" means the fees payable for a Subscription Contract;

1.18. "Subscription Contract" means a contract for a subscription period of either one day, one week, two weeks or one month as selected by you;

1.19. "Terms" means this Agreement and the Privacy Policy;

1.20. "Uncontrollable Event" means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond our reasonable control including the termination or suspension of a service or product provided by a Network Operator, that may result in a delay or a failure to provide any product or service; and

1.21. "USSD" means Unstructured Supplementary Service Data which is a mobile communication technology that is used to send text between a mobile phone and an application program in the network for example to communicate with a service provider's computers;

1.22. "USSD String" is the short coded used starting with * and ending with # provided to a user upon subscription;

1.23. "WAP Push Link" a link guiding a user to a WAP Site;

1.24. "WASP" means a Wireless Application Service Provider;

1.25. "WASPA" means the Wireless Application Service Provider's Association of South Africa;

1.26. "We", "Our" or "Us" means Grey stone 1590 CC;

1.27. "VAT" means Value Added Tax as provided for in the Value Added Tax Act, 1991.

2. Commencement, Duration and Cooling Off

2.1. The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2.

2.2. The Agreement may be terminated by either us or you on one calendar months' notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.

2.3. Even if the Agreement has been terminated, in the event that you continue to use the Services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to us as a result of the use of or access to the Service and this Agreement shall be deemed to continue to apply until all amounts due to us have been paid in full.

2.4. To unsubscribe by text message, text "STOP " to 39333 or dial *120*717# and select STOP or unsubscribe from the Main Menu or call 0861 11 11 06 during normal working hours (Mon to Fri 9am - 5pm;) or send an email (including your phone number) to [email protected] or [email protected]

2.5. The termination of your subscription will become effective as soon as possible upon receipt of termination request.

2.6. Charges may still appear on your cellular phone bill the following month as your Network Operator bill retrospectively.

2.7. You agree that upon termination of your access to the Service under any provision of these Terms, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

2.8. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, we will not refund any of your fees paid to date, except as provided clause 2 of these Terms.

2.9. If the Agreement results from any direct approach to you by us you can cancel the Agreement on written notice to us without reason or penalty within 5 (five) Business Days of –

2.9.1. in the case of services only being provided in terms of the Agreement - the Acceptance Date; and
2.9.2. in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
2.9.3. For purposes of clause 2.9.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.

3. Registration and Access to the Service

3.1. You must be 18 years of age or older to use the Service and you must have the bill payers permission. If you are a parent or guardian and want to restrict access to the Services please contact your cellular Network Operator.

3.2. Your parent or guardian and the bill payer must read and accept these Terms and Privacy Policy before you use the Service.

3.3. You are solely responsible for all payments in respect of the Service charged to your account, irrespective of whether the Service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of the Service.

3.4. You agree to cause all persons who use the Services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions

3.5. You must also have a cellular communications subscription with a Network Operator or otherwise have access to a cellular communications network. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a cellular handset or other device that is suitable for use in connection with the Service.

3.6. The use of the Service for any commercial purpose is strictly prohibited.

3.7. Our Services comply with the Consumer Protection Act No. 68 of 2008 and are open to all South African residents, subject to the restrictions indicated in these Terms.

4. Contracts for our Service.

4.1. We will make the service available to you on the Activation Date.

4.2. We will, where relevant, issue a user name and password to you prior to the Activation Date in order to enable you to gain access to and/or use the Service. In such instance, you will not be able to access and/or use the Service without a user name and password.

4.3. You agree that:

4.3.1. you will use your user name and password for your own personal use only;
4.3.2. you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
4.3.3. in the event that your password is compromised, you will immediately notify us and change your password;
4.3.4. You will not, at any time, permit and/or initiate a simultaneous log-in; and
4.3.5. you will not attempt to circumvent our user authentication processes or engage in attempts to access our network where not expressly authorised to do so.

4.4. Access to the Service can be provided by delivering to you downloadable cellular entertainment content of the content category you subscribed to (e.g. by delivering a Ringtone or an text SMS, by your selecting a package on a USSD menu) or by enabling you to download the product (e.g. by delivering a WAP–Push link or a PIN for download of the downloadable cellular entertainment content on our website) or by providing access to the cellular entertainment content (e.g. by enabling MSISDN for this product).

4.5. You will be required to choose a Subscription Contract which will have a certain subscription period of one day, one week, two weeks or one month depending on the type of the Subscription Contract selected. All Subscription Contracts are subject to the Terms. If the Agreement is not terminated, the Subscription Contract and the subscription period will be renewed each day, week, every other week or each month as applicable and a new Service Fee shall become due for the new subscription period.

4.6. The number of credits for downloads shall be reduced by actual downloaded cellular entertainment content.

4.7. In order to qualify for entry to our airtime competition the credits have to be redeemed for content on the day that the credits were issued.

5. Registration and Registration Data.

5.1. In exchange for your use of the Service you agree to:

5.1.1. provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"); and
5.1.2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times.

5.2. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5.3. Prior to any such withdrawal we will temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 (fourteen) Business Days of the notice such withdrawal will be made permanent.

6. License to Download and Intellectual Property Rights.

6.1. You acknowledge and agree that the content made available for download as part of the Service is owned by us, our affiliates or content providers, and are protected by intellectual property laws. We grant, and you hereby accept, a limited, non–exclusive, non–transferable, revocable license to download and use the content and the Service on a designated compatible cellular device solely for your own personal non–commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content downloaded except as expressly provided in this Agreement.

6.2. You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any content, data, files and/or information accessed, retrieved or stored by you through your use of any of our the Services.

6.3. We will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by us, our network infrastructure, e-commerce network infrastructure, business and the provision of the Services.

7. Interruptions or Discontinuation of Service.

7.1. We will use reasonable endeavours to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services "as is" and "as available" and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.

7.2. We will use our best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.

7.3. We reserve the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by us we will try to notify you of this fact and reimburse any pre–paid fees.

8. Contracts for Products and Services of Third Parties.

8.1. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, we will indicate the products and services as third party content.

8.2. Even though they may be co–branded with our marks, the contracts for products and services provided by third parties are concluded directly between you and the third party. We will not be a party to, or in any way responsible for, any transaction concerning any products or services made available from such third parties or for any content or information presented in connection with any products or services of any third party.

9. Security and Privacy Policy

9.1. We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our network.

9.2. You may not utilize any service in any manner which may compromise the security of our network, or any other network connected to our network, or tamper with a service or such a network in any manner whatsoever.

9.3. We take reasonable steps to secure your payment information.

9.4. We will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our website and in compliance with all relevant laws.

10. No Representations, Warranties, Guarantees and Limitation of Liability

10.1. Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

10.2. Without limiting the generality of the provisions of clause 10.3, we shall not be liable for and you will have no claim of whatsoever nature against us as a result of –

10.2.1. the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;
10.2.2. any unavailability of, or interruption in the service due to an Uncontrolled Event;
10.2.3. any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.

10.3. In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, we shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that we are liable to you for any damages, our liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a Service during the immediately preceding subscription Period for the Subscription Contract in respect of which the liability arose.

11. Indemnification

11.1. You hereby unconditionally and irrevocably indemnify us and agree to indemnify and hold us harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by us as a result of any claim instituted against us by a third party (other than you) as a result of (without limitation):

11.1.1. your use of our Service other than as allowed or prescribed in the Agreement;
11.1.2. any other cause whatsoever relating to the Agreement or the Service to you where you have acted wrongfully or failed to act when you had a duty to so act.

12. Charges

12.1. Service Fees.

12.1.1. The Service Fees are available at our USSD menus, Print and TV adverts and web site.
12.1.2. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your cellular Network Operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the Subscription Contract, subscription period and Service you chose.
12.1.3. We may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
12.1.4. All Content downloads will be billed irrespective of your mistakes. You will also be charged at the standard bearer rates charged by your Network Operator for all SMS, WAP and USSD interactions.
12.1.5. You will be charged for Service provided to you irrespective of whether or not the content actually reaches your device. If your cellular device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach your cellular device. Although we endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of the content downloaded.
12.1.6. When downloading cellular content using your cellular device, all Service Fees and charges relating to such downloads will be levied directly against your mobile cellular services account by your Network Operator.
12.1.7. The Service Fees include a certain defined number of credits which entitle you to download, receive or access that defined number of individual downloads of cellular entertainment content for the subscription period until that defined number of credits has been utilised.
12.1.8. The Service Fees fee shall become due irrespective of whether or not you actually download any content during any particular subscription period.
12.1.9. If you download content in excess of the amount allowed by your selected Subscription Contract, then you agree to pay the applicable retail rate for such additional downloads in addition to your Service Fees.
12.1.10. Service Fees will be payable in advance. Additional costs as set out in 12.1.8, 12.1.9 will be payable in arrears. All payments will be on the same cycle as your subscription period for your Subscription Contract.

12.2. Fee Changes.

12.2.1. All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

12.3. Late Payments.

12.3.1. Any past due unpaid amount shall bear an annual interest of the prime Interest rate or the highest interest allowed by applicable law, whichever is lower.
12.3.2. To the extent that we incur any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for your account to the extent permitted by law.

13. Breach

13.1. Subject to any other provisions set out in these Terms and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:

13.1.1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
13.1.2. suspend your access to a service;
13.1.3. cancel all agreements concluded between us; or
13.1.4. claim immediate performance and/or payment of all your obligations in terms hereof.

14. Communication, Complaints Handling and Dispute Resolution

14.1. You agree that we may from time to time send you communications regarding (without being limited to) special offers or discounts which we may negotiate for and offer to you, operational changes that may affect the Services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.

14.2. Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause 14.

14.3. Any payment default by you arising from, or in connection with, the Service provided by us, will be excluded from the provisions of this clause, and we will be entitled to proceed to institute legal action against you.

14.4. Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach WASPA [ contact details available at http://www.waspa.org.za/ ] or any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 14. 10 below.

14.5. As a registered WASP, we are bound by the rules and regulations and Code of Conduct set by the mobile regulatory authority WASPA. To view the Code of Conduct go to http://www.waspa.org.za/code/codeconduct.shtml.

14.6. Please direct all complaints to [email protected]. Your complaint should include the following:

14.6.1. your name and surname;
14.6.2. your cell phone number
14.6.3. the date on which the complaint arose; and
14.6.4. a brief description of what gave rise to the complaint.

14.7. In the event of a billing complaint you should also include the following:

14.7.1. the reason for the dispute;
14.7.2. the amount in dispute; and
14.7.3. supporting information or documentation, if any.

14.8. We will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.

14.9. We will formally respond with a view to proposing a resolution of your complaint in writing within 7 (seven) working days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.

14.10. You may approach WASPA or any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 16.10 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.

14.11. Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

14.12. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

14.13. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

15. Miscellaneous Provisions

15.1. Notices and Announcements.

Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered to the following address: Greystone 1590 CC, PO Box 6340, Roggebaai 8001, SOUTH AFRICA shall serve notices related to this contract by posting them on our web site or by sending them to the postal address or e–mail address you have given to us or as a text message to your cellular phone number.

Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on our web site or sent by e–mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

15.2. Changes of Terms.

We reserve the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

15.3. Other terms, entire agreement.

The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.

15.4. Assignment.

You may not assign or transfer in any other way the contract or any of your contractual rights. We shall have the right to assign our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

15.5. Severability.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15.6. ECT Act We are required to make our contact details, its domicilia citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with us. This information is available below.

15.7. Waiver.

Our failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

15.8. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

15.9. Survival.

In the event this Agreement terminates as provided herein, clauses 3, 6, 7, 10, 11 and 15 of these Terms shall survive such expiration or termination.

15.10. Governing Law and Jurisdiction.

15.10.1. You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in our reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause above.
15.10.2. This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa.
15.10.3. If you access our website or Services from outside of the South Africa, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

16. Uncontrollable Events

We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock–outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or the mobile cellular or fixed telecommunications networks or connection thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.

Additional information required by Electronic Communications and Transactions Act (ECT Act)


Name

Greystone Trading 1590 CC

Registration Number

2008/105968/23

Legal Status

Close Corporation registered in South Africa

Physical Address
(Use this address to serve legal documents)

601, 6th Floor, The Studios, 4 Loop Street, Cape Town 8001

Postal Address

PO Box 6340, Roggebaai 8001

Telephone Number

0861 11 11 06

Fax Number

021 425 9195

Web Site

www.win-airtime.co.za

Email Address

[email protected]

Member of Self-Regulatory Bodies and Industry Code of Conduct

Greystone Trading 1590 CC provides its services by means of Viamedia (Pty) Ltd which is an accredited member of the Wireless Applications Service Providers Association (WASPA) and has agreed to abide by the Rules, Advertising Rules, Regulations and Code of Conduct of WASPA. Should you have a comment, complaint or query please visit the WASPA website: www.waspa.org.za or to view the Code of Conduct go to http://www.waspa.org.za/code/index.shtml

© 2004- Greystone 1590 CC. All Rights Reserved.