Terms and Conditions

PickleSmash subscription service · Vodacom South Africa

Terms and Conditions

PickleSmash is a subscription service made available to Vodacom customers and charged at R10/day. Additional network fees (such as data charges) may apply. Your subscription renews automatically in line with your subscription plan until you choose to stop the service. To manage your subscriptions at any time, visit the operator portal.

Service Terms and Conditions

If you do not agree with any of these conditions, you should not use the subscription service. As the Distribution Partner, Mobixone (Pty) Ltd has the right to suspend or terminate the service of any customer who does not comply with these Terms and Conditions or any other related contractual obligation. The service makes entertainment content owned by DDT FZCO available across compatible mobile phones and WAP services. Once your order and payment have been completed, you may receive or download the relevant products and content to your mobile phone or other compatible device.

Access to Services

You must make all the necessary equipment and software available in order to connect to the service, including, among other things, a compatible mobile phone or other access device. The service may be interrupted from time to time to allow for repairs, system corrections, maintenance and/or improvements that are considered necessary.

Termination / Unsubscribe

To manage or cancel your subscription, visit the operator portal or dial *135*997# (Vodacom). For support, email customer-support@mobixone.co.za or call 076 563 9425.

Your Responsibilities

Neither DDT FZCO nor Mobixone (Pty) Ltd will be held responsible for any loss or damage you suffer as a result of failing to carry out your duties and obligations. You are required to use the service properly, to abide by all applicable laws, and to respect the rights of third parties, including brand names, patents, copyright and any other intellectual or industrial property rights.

You acknowledge and accept that the service may not be used for commercial purposes, or for any purpose other than those set out in these Terms and Conditions.

You are required to ensure that the service is not 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 to promote the sending of spam.

Limitation of Liability and Intellectual Property

Neither DDT FZCO nor Mobixone (Pty) Ltd guarantees the quality, accuracy, reliability, correctness or suitability of the data, programs, information or opinions made available through the service, whatever their origin, whether they come from our network or from networks you can access through the service. By subscribing, you accept that DDT FZCO and Mobixone (Pty) Ltd are exempt from all responsibility related to these pages. You assume sole responsibility for any consequences, damage or claims that may arise from accessing such content, as well as from its reproduction or distribution.

DDT FZCO and Mobixone (Pty) Ltd have the right to take down any content (hosted as part of the service) that is considered illegal or for which a take-down notice has been received.

IN PRINCIPLE, ANY LIABILITY WILL BE LIMITED TO THE VALUE OF THE SERVICES PROVIDED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

Neither DDT FZCO nor Mobixone (Pty) Ltd can be held responsible for any direct or indirect facts, acts or damage that may arise from the use of third parties or as a consequence of using the content provided. This limited guarantee and limited liability do not affect your statutory rights.

Rights of intellectual and industrial property: the content, programming and web design made available through the service are fully protected by copyright. For their reproduction, communication, disclosure and distribution, permission must first be obtained. All logos that appear within the service belong to DDT FZCO, Mobixone (Pty) Ltd or their respective third-party owners, and their reproduction or distribution by any means is prohibited without the prior permission of the owner.

Price of the Services

The service gives you the opportunity to enjoy a variety of chargeable products (the Subscription Service), based on their features and on the technology used to access them (mobile telephony or internet). The price for each service is shown on the landing page associated with the promotion. Pricing is inclusive of VAT. Fees may change from time to time, but this will not affect the fees for applications that have already been paid for. You will be notified of any price change and given the option to opt out. Your mobile operator may charge additional browsing or data costs, independently of the service, for downloading products. Mobixone (Pty) Ltd accepts no liability for browsing charges levied by the various mobile operators.

Use of the Service

You must be over 18 years of age, with full capacity to use the service. Those under 18 years of age may only use the service with the prior authorisation of their parents, guardians or legal representatives, who will be responsible for the actions carried out by the persons in their charge. As these facts cannot be verified, parents and guardians are reminded of their responsibility to monitor the use of the service by persons in their charge, particularly the mobile phone used for the service and to which a minor or other third party has access.

The use of the service cannot be fully controlled, and it is therefore not warranted that the service will be used in accordance with applicable law or these Terms and Conditions. It is your responsibility to comply with these rules, particularly those relating to intellectual and industrial property rights, and to refrain from using the service for unlawful purposes or in any way that is contrary to, or infringes, the rights and interests of DDT FZCO, Mobixone (Pty) Ltd or third-party rights holders. Unless a system has been expressly made available for that purpose, you must not obtain or attempt to obtain any content from the service, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Any download, copy or reproduction of content is prohibited unless specifically permitted. No liability is accepted for any loss or damage of any kind that may arise from the incorrect, illegal or unlawful use of the service or the content offered.

Sending and Receipt of the Service

Services must be requested in accordance with the instructions provided and, in particular, must include the exact text stipulated for each service from time to time. In addition, for services requested by mobile phone, your handset must be compatible with, and have the technology required for, each service. No liability is accepted for any requests that do not include the stipulated text or that originate from mobiles that are not compatible with the service. Likewise, no liability is accepted for any delays affecting the sending of content, or for its quality, where such delays depend on factors beyond reasonable control, such as network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other users. Notwithstanding the foregoing, all reasonable endeavours will be used to ensure that content reaches you at the time it is requested.

Mobile Phone Ownership

The mobile phone number associated with the service is not received, and it is therefore not possible to determine or control the identity of the user requesting the service. You warrant that you are the owner of the mobile phone from which registration for the service is applied for, or that you at least have the owner's authorisation to register for the service. No liability is accepted where the person who has requested the service is not the lawful owner of the mobile phone or lacks the owner's authority to use it. You will be held responsible for complying with these terms, whether or not you own the mobile phone or handheld device.

Content Supplied by Users

You warrant that you own each and all of the rights to any content you provide, or that you have the rights, authorisations, permissions, licences and/or consents required to provide that content. No liability is accepted for any harm or infringement caused by a user that affects other users or third parties' industrial and intellectual property rights, right to privacy and self-image, right to protection of personal data, or any other right. You must employ all due care and diligence to avoid causing any damage or risk of damage to DDT FZCO, Mobixone (Pty) Ltd, the service, other users or any third parties. In addition, where content contains images or photographs of people, you warrant that such images or photographs were taken or recorded with those persons' consent, that they are aware of the assignment described below, and that making such images or photographs available to third parties does not constitute an infringement of applicable law.

Assignment of Content

You assign to DDT FZCO all assignable intellectual property rights in the content you provide that are necessary for the proper provision of the service, particularly the rights required to copy, upload, host, store, transmit, modify and/or adapt it to the required format, to create summaries of it, to advertise and promote it (including on television, in the press and on associated websites), to reproduce it, to communicate it publicly and to supply it to third-party users. This assignment of content to DDT FZCO is non-exclusive, applies worldwide, and lasts for as long as the content remains available to third parties.

No rights in the content other than those necessary for the proper operation of the service are assigned under these Terms and Conditions.

International Processing

As the service operates globally, it may be necessary to transfer your personal information to countries outside South Africa for processing, where data protection standards may not be the same. However, wherever your information is processed, the same level of protection set out in these Terms and Conditions will be applied, which means that your personal information will be protected at all times in accordance with strict data protection standards.

WASPA

Mobixone (Pty) Ltd is a full 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. Mobixone (Pty) Ltd 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.

Jurisdiction and Applicable Law

These Terms and Conditions are governed by South African law. Any dispute that may arise from the application of the service, or from the construction and application of these Terms and Conditions, will be submitted to the South African courts or as otherwise required by law. Neither party may commence any court proceedings in relation to a dispute arising out of these Terms and Conditions until it has attempted to settle the matter. Severability: if a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.