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Terms and Conditions

The Vodacom AppWorld Terms and Conditions

The terms of this agreement (“Terms and Conditions”) govern the relationship between you and Vodacom and its affiliates (hereinafter “Vodacom” or “Us” or “We”) regarding your use of the Vodacom AppWorld Service and related features (the “Service/AppWorld”). Use of the Service is also governed by Vodacom’s Privacy Policy, which is incorporated herein by reference. The AppWorld is a Service where users are offered a range of Applications to download onto their devices. This Service has Applications under 6 Categories, namely; Games, Productivity, Utility, Communications, Lifestyle and Entertainment. There are no data charges for all Vodacom customers who access the AppWorld Service (the Service is zero-rated). For all non-Vodacom subscriber’s data will be charged at their pre-existing data tariff plans with their existing network operator(s). Your Acceptance of these Terms and Conditions Please read these Terms and Conditions and the Privacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions. If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the AppWorld Service. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes. Use of the Service Browsing on the AppWorld is at no cost for Vodacom subscribers (Zero-Rated) only if Vodacom subscribers access Appworld using Vodacom’s Mobile Data Network. . Browsing involves using a web browser or app to view the various pictures, text and videos on the App World. Browsing specifically excludes the downloading of the Apps. You will incur data charges at your existing data tariff plan for downloading Apps within the AppWorld (independent of whether you are successful or not). The AppWorld provides Apps that are free and Apps that come at a cost (“known as Premium Apps”). Therefore, in addition to the data costs for downloading an App onto your handset or device you will also be liable for the cost of any Premium App that you purchase from the AppWorld. For any Premium Purchases on AppWorld, Vodacom subscribers will have the option of paying using Direct Charge to Bill or any other available payment methods which may also be applicable to Non-Vodacom subscribers. You will not be entitled to any exchanges, returns and/or refunds in respect of the cost of any Premium App downloaded to your device unless the App is not to be compatible with your device. This can be done by contacting Vodacom Customer Care on 082135. Under no circumstances will refunds be granted in respect of any costs incurred whilst downloading the App in question. You can retrieve Apps that have failed to download from the My Downloads history section in AppWorld unless the app is no longer available in the AppWorld store. Any in-App purchases made and that are chargeable through the Vodacom customer account that are unsuccessful can be queried via Vodacom Customer Care on 082135 and the necessary refund will be made but only to the extent of the value of the unsuccessful in-App purchase, as applicable. You may only use Apps for lawful purposes and is strictly for personal use only. To the fullest extent permitted by applicable law, Apps are provided to you as is without support or maintenance and we disclaim liability for any damages that any App may cause to you, any handset/device or any other person (whether through malware or otherwise). Vodacom does not warrant that any of the Apps in AppWorld will meet your requirements or that the operation of the App will be uninterrupted or error free. To the extent permitted by law we disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied and whether arising by way of statute, common law or otherwise. In any event our maximum liability and sole remedy to you is a refund of the price of the app (in the case of a Premium App) as at the time of your purchase of the specific App. To the fullest extent permitted by applicable law, you indemnify and will not hold us liable for 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 any Apps. The Apps are therefore used entirely at your own risk. This clause does not affect any other your legal rights you may have as a consumer. To the fullest extent permitted by applicable law, we reserve the right to alter, restrict and/or terminate the use of any Apps 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 Apps are offered, at any time. Such changes will be posted on the AppWorld Service and be deemed to have been accepted by you if you continue using the Apps. The obligation therefore is on you to review these terms and conditions at regular intervals. In the event that the price changes it will not affect any Apps already downloaded onto your device (for once off purchases) unless it is based on a subscription. If you do not agree with any changes to a subscription price do not continue to use the App in question. This site may contain hyper-links to third party sites. Vodacom is not responsible for the content of, or the services offered by those third party 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 third party site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk. In addition, we do not and cannot censor or edit the content of any third party site(s). When you visit third party sites, we encourage you to read the terms and conditions and privacy policies of those third party sites. By using AppWorld, you expressly release us from all liability arising from your use of the third party site(s) or because of any third party presence on our Services. You acknowledge that we own the intellectual property rights in and to AppWorld Service and that the Apps are owned by Vodacom and/or its developers 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. Ownership All rights, title and interest in and to the Service including, but not limited to, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by us and our service providers. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service. We own, have licensed, or otherwise have rights to use, or provide all of the content that appears in the Service. General 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. These terms and conditions are severable, in that if any provision which 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. 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. Privacy and Data Protection As previously stated use of the Service is governed by Vodacom’s Privacy Policy, which is incorporated herein by reference and explains how we collect, use, share and protect your personal information. If we update this clause and our privacy policy, we will post any changes on our website. Collection of your personal information in the Service We can get your personal information when you use this Service. In the case of the use of the Service your personal information is collected for the purpose of being used and processed in: Personalising the Service to your respective preferences; For the serving of appropriate, tailored advertising to you via the Service; For the purpose of tracking the Service's performance; Troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time; For use in devising additional enhancements or improvements to the Service; and Statistical tracking, redundancy and audit purposes. The above data will not be shared with other users of the Service. However, Vodacom further may collect your information in terms of clauses below. 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. Sharing your personal information Over and above the provisions in the our Privacy Statement, we will share personal information about you with: Mondia Media (Pty) Ltd, our service provider involved in delivering and enabling the Services; 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. Mondia Media servers are based outside South Africa in Germany where adequate data protection laws exist to protect the privacy and security of your information. We have also signed a contract with Mondia Media with data protection provisions to ensure the security and protection of the privacy of your information. Existing Terms and Conditions These Terms and Conditions supersede any previous terms and conditions including but limited to those for the Vodacom App World, and constitute the sole agreement between the parties regarding the service. How to opt-out You can choose to opt out of partner communications by sending an sms with STOP to 30881.