Terms and Conditions

Gamefun, brought to you by MobiZA, is a subscription service from Mobixone (Pty) Ltd, additional network fees (data charges) may apply. Your Subscription to the service will be renewed automatically as per your Subscription plan until you stop the service. To manage your subscriptions visit the operator portal.

Service Terms and Conditions

In the case that the User does not agree with any of these conditions, they should not use the subscription services offered by Mobixone (Pty) Ltd. Mobixone (Pty) Ltd has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations. Mobixone (Pty) Ltd offers services and entertainment content downloads across its WAP services for compatible mobile phones. Once the order and payment are carried out, the user can receive or download products and services to mobile telephones and other compatible device.

Access to Services

The User must make all the necessary equipment and software available, in order to connect to the Service. Including, amongst other things, the mobile phone or other access devices. Mobixone (Pty) Ltd may interrupt the Service to carry out any repair works, system corrections, maintenance and/or improvements that it considers necessary.

Termination / Unsubscribe

To manage your subscriptions visit the portal or dial *135*997# (Vodacom), *155# (MTN); or *179 *7867 #(Telkom) email : operations@mobixone.co.za or call 0765639425 for support

User Responsibility

Mobixone (Pty) Ltd will not be held responsible for any losses or damages suffered by the User that result in the failure to execute these duties and obligations. Likewise, the User is obliged to not use the system and the Service of Mobixone (Pty) Ltd improperly, and to abide by the laws and respect the rights of the third parties, including the rights of brand names, patents, copyright and any other intellectual or industrial property rights.

Moreover, the User recognises and accepts that the use of the Service is not permitted for commercial purposes and for the purposes of others written in the General Conditions.

The user is obliged to ensure that the service must 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;

Responsibility of Mobixone (Pty) Ltd

Mobixone (Pty) Ltd does not guarantee the quality, accuracy, reliability, correction or the morality of the data, programs, information, or opinions whatever the origin whether they from its network or from networks that the User can access through Mobixone Pty. By subscribing, the User accepts that Mobixone (Pty) Ltd is exempt from all responsibility related to its WAP pages. The User also assumes sole responsibility for any consequences, damages or actions that can derive from accessing these contents, as well as their reproduction or diffusion.

Mobixone (Pty) Ltd 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.

IN PRINCIPLE, Mobixone (Pty) Ltds RESPONSIBILITY WILL BE LIMITED TO THE VALUE OF USER SATISFACTION FOR THE SERVICES PROVIDED ACCORDING TO THESE GENERAL CONDITIONS.

Mobixone (Pty) Ltd cannot be held responsible for direct or indirect facts, acts or damages that can derive from using third parties, as a consequence of using contents belonging to Mobixone (Pty) Ltd. This limited guarantee and limited responsibility mentioned in the above paragraphs do not accept the statutory rights of the Users. Rights of Intellectual and Industrial Property On the WAP and Websites of Mobixone (Pty) Ltd, the contents and rights of intellectual property, programming and web designs are completely protected by the rights of the author, therefore, for the reproduction, communication, disclosure and distribution of them, permission must be sought. Likewise, all the logos that appear on the WAP and Websites, belong to Mobixone (Pty) Ltd or third parties, therefore their reproduction or distribution is prohibited under any means without duty, warning, or permission from the owner.

Price of the Services

Mobixone (Pty) Ltd offers its Users the chance to enjoy a wide variety of products which are chargeable (Subscription Service), on the basis of their characteristics and of the technology used to access them (mobile telephony or Internet). The pricing for each service is mentioned on the landing pages associated to the promotion. Pricing is inclusive of VAT. We may vary the fees, from time to time, but this will not affect the fees for the applications that have been previously paid for. Users will be notified of any price changes and given the option to opt out. Your mobile operator may charge additional browsing costs, independently from the services provided by Mobixone (Pty) Ltd, for downloading products. Mobixone (Pty) Ltd accepts no liability for the cost of browsing charged by the various mobile phone operators.

Regarding Users use of the Service

Users must be over 18 years of age, with full capacity to use the Services. Those under 18 years of age may only use the Services with prior authorisation from their parents, guardians, or legal representatives, who shall be responsible for the actions carried out by the persons under their charge. Since these facts may not be verified by Mobixone (Pty) Ltd, Mobixone (Pty) Ltd reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access. Mobixone (Pty) Ltd cannot control Users use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of Mobixone (Pty) Ltd or third party rights holders. In addition, unless Mobixone (Pty) Ltd has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, Mobixone (Pty) Ltd forbids any downloads, copies or reproductions of content made by a User unless specifically permitted by Mobixone (Pty) Ltd. Mobixone (Pty) Ltd accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal, or unlawful use by Users of the Services provided and the contents offered.

Regarding the sending and receipt of the Service

Services must be requested in accordance with the instructions communicated by Mobixone (Pty) Ltd to Users and, in particular, must include the exact text stipulated by Mobixone (Pty) Ltd for each Service from time to time. In addition, in the case of Services requested by mobile phone, the Users handset must be compatible with, and have the technology required for, each Service. Mobixone (Pty) Ltd accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services. In addition, Mobixone (Pty) Ltd accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond Mobixone (Pty) Ltds control, such as, among others, 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, Mobixone (Pty) Ltd shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.

Regarding mobile phone ownership

Mobixone (Pty) Ltd does not receive the mobile phone number associated to that service. It is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at least that he or she has the owners authorisation to register for the service. Mobixone (Pty) Ltd accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owners authority to use the mobile phone. You will be held responsible for complying with these terms, whether or not you own the mobile telephone or handheld device.

Regarding the content supplied by Users

The User warrants to Mobixone (Pty) Ltd that he or she owns each and all of the rights to the content or has the rights, authorisations, permissions, licences and/or consents required to provide the content to Mobixone (Pty) Ltd. Mobixone (Pty) Ltd in no event accepts any liability for any harm or infringement caused by any User affecting other Users or third parties industrial and intellectual property rights, right to privacy and self image, right to protection of personal data, or any others. The User must employ all due care and diligence to avoid causing any damage or risk of damage to Mobixone (Pty) Ltd, the Website, other Users, the Services or any third parties. In addition, in the case of content containing images or photographs of people, the User warrants to Mobixone (Pty) Ltd that such images or photographs were taken or recorded with such persons consent and that they are aware of the assignment to be made to Mobixone (Pty) Ltd by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law.

Assignment of Contents

The User assigns to Mobixone (Pty) Ltd all assignable intellectual property rights in the content it provides which are necessary for the proper provision of the Services by Mobixone (Pty) Ltd, particularly the abilities required to copy, load, host, store, transmit, modify and/or adapt according to the required format, create summaries of, advertise and promote on television, the press and its websites, reproduce, publicly communicate and supply to third party users. The assignment of the content to Mobixone (Pty) Ltd is non-exclusive, and is applicable to the whole world and for as long as the content is available to third parties.

No rights in the content other than those necessary for the proper operation of the Services are assigned pursuant to these General Conditions.

International processing

Mobixone (Pty) Ltd operates globally, it may be necessary to transfer Your personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever Mobixone (Pty) Ltd processes Your information Mobixone (Pty) Ltd will strive to ensure the same level of protection as set out in these Terms and Conditions 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. Mobixone (Pty) Ltd and the User shall submit any dispute which may arise from the application of the Services or the construction and application of the Terms and Conditions to South African Courts or where otherwise required by law. Neither Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the

Mobixone South Africa / COMPETITION RULES

Competition Details and Rules

Mobixone South Africa (Pty) Ltd ("the Promoter") is the promoter of this competition.

1. Competition Details

1.1 This document sets out the rules that apply to the Competition ("the Competition"). The purpose of the Competition is to promote the Content subscription Service that offer members unlimited access to premium mobile content ("the Service").
1.2 Members of the Service who meet the entry requirements set out below are eligible to participate in the Competition, subject to the Competition Rules.
1.3 The total maximum reward that can potentially be won by any one subscriber consists of a total of 30/50GB of data per draw (“the Reward”)(Service dependent).

2. Competition Period

The Competition commences at 00h00 on the 1st day January 2024 and will continue until 23h59 on the last day of 2026. Late, early, incomplete or corrupt entries will not be considered when determining the winners of the Competition.

3. Entry Requirements

To be eligible for participation in the Competition, an entrant must:
3.1 be a current registered member (as at the date of the draw) to the Service on either Cell C, Telkom, Vodacom or MTN (postpaid, hybrid or prepaid); and
3.2 be a natural person who is resident in the Republic of South Africa; and
3.3 have accessed and used the Service in full compliance with the Terms and Conditions applicable to the Service; and
3.4 not be an employee, director, member, partner or agent of, or consultant (and the spouse, life partner, parent, child, brother, sister, business partner or associate of such employee, director, member, partner and agent of or consultant) of the Promoter or any of its promotional partners, printers, advertising and promotional agencies, professional advisors and at any point of sale staff employed by, or contracted to, or providing goods or services of any kind, to all the aforementioned parties.

4. How the competition works

4.1 Eligible members to the Service will be entitled to participate in the Competition. To take part, members need to be actively registered to the Service and have been successfully billed for 250 full billing transactions during that period; a transaction can include back billed transactions, micro billed transactions will not be considered. The Promoter does not charge any fee for entering and participating in the Competition. When playing via mobile web, your data service provider may impose a charge for any data usage. The Promoter has no control over this aspect nor does it obtain any fee or proportion thereof from your service provider in this respect.
4.2 The Reward that can be rewarded, may differ for each draw.
4.3 You cannot be eligible for the draw if you do not meet specific requirements as set out in the competition rules.
4.4 While the Promoter will make reasonable efforts to satisfy all reasonably anticipated demands for the Reward under the Competition, the Promoter does not guarantee that there will be sufficient rewards available to be rewarded. In such event, the Promoter will make comparable rewards available to be rewarded.
4.5 The decision of the Promoter with regards to the rewarding of the Reward is final and no correspondence will be entered into.
4.6 The Reward is not transferable and there is no cash alternative on redemption.
4.7Once a reward has been rewarded, the Reward becomes non-exchangeable. There is no cash alternative to the reward available.

5. Reward Allocation

5.1 You must be a registered member of the Service to be eligible for the Competition.
5.2 The Promoter reserves the right to modify the Competition rules at any time. Due to these potential changes, the Promoter cannot guarantee the availability of the Reward. In such cases, the Promoter will offer a comparable Reward.
5.3 To view your eligibility and status for a draw, you must be registered to the Service. You must meet the necessary criteria to be eligible. Please note that the reward is non-transferable and cannot be exchanged for cash.
5.4 Once you have completed the necessary steps for eligibility, the Promoter will arrange for the Rewards to be credited to the mobile number that was selected in the draw. Airtime and data rewards will be available for use according to the terms set by your mobile service provider.

6. General

6.1 Winners are requested if they are comfortable with the request to allow their name, image and likeness being used and published by the Promoter in connection with this Competition or any marketing activities undertaken by the Promoter within a period of 12 (twelve) months after they are announced as winners.
6.2 In the event of circumstances beyond the reasonable control of the Promoter or if required by law, the Promoter will be entitled to change the Competition Rules or cancel the Competition without notice or otherwise substitute or vary the Reward with rewards of equivalent value. The Promoter shall in such an event publish an announcement on za..link or in any other appropriate medium.
6.3 To the fullest extent allowed by law, the Promoter, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors accept no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of any entrant’s participation in the competition or the entrant’s redemption of any reward under the competition, or from any amendments to the Competition Rules.
6.4 Nothing in these rules should be interpreted or understood to unlawfully restrict, limit or avoid any rights or obligations of any person under the Consumer Protection Act, 68 of 2008.
6.5 The Promoter is required to keep a list of the names and identity numbers of all winners of the Competition, for auditing purposes or as otherwise required by law. You consent to the Promoter retaining any personal information and/or other appropriate data disclosed by you, in such way. Participation in the Competition is subject to terms and conditions and privacy policy at http://mx.quickpay.mobi/mtn-za/mtn/privacypolicy.html
6.6 These terms and conditions are available on the Service portal and also on request from the Promoter via email to info@mobixone.co.za, during the hours of 08h20 and 16h20 Mondays to Fridays (but excluding public holidays in the Republic of South Africa).
6.7 To the extent required by law, winners will be required to fulfil the requirements as stipulated in the Regulation of Interception of Communication and Provision of Communication Related Information Act, as amended before claiming a reward.
6.8 These Rules shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Severability

If a provision of these terms of use 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.