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Archived Terms & Conditions

PRODUCT INFORMATION AND TERMS AND CONDITIONS

Words and phrases used in these Value Pack Plus terms and conditions have the same meanings as defined in the Subscriber Agreement. (Available on Cell C's website www.cellc.co.za)

Please note:

1. Cell C C bears the loss itself and there is no Insurer. All benefits will be provided or paid for solely by Cell C.

2. Cell C will not be liable to repair or replace the Goods if a Cell C SIM Card with the MSISDN number referred to in the Subscriber Agreement or in the Value Pack Plus Application is not installed in the Goods at the time of any loss or damage.

  1. Value Pack Plus Benefits

    Any Subscriber to the Value Pack Plus Tariff Plan is entitled to the following benefits, with no extra charge:-

    1. Goods cover in respect of the risk of theft or total loss of the Goods on these Value Pack Plus terms and conditions;
    2. extended Warranty on the Goods; and
    3. any other applicable Value Added Service;

  2. Cell C's Promise

    Cell C will provide the following services in return for payment of the applicable Monthly Access Charges and subject to these terms and conditions and the terms and conditions of the Subscriber Agreement.

    1. Goods and/ or SIM Card Replacement

      Cell C will accept the risk of total loss or theft of the Goods and will replace the Goods with Goods and/ or SIM Card of similar specification and value to the Goods being replaced, subject to availability of the Goods at the time of replacement.

      1. Unlawful Use

        If your SIM Card or Goods have been stolen or lost, you must report this to Cell C's Contact Centre. From the time that you have reported this, to the time that the SIM Card is actually suspended on the Cell C network, Cell C will waive (abandon or give up) payment of an amount up to the limit selected by you, which has been debited to your account arising from the unauthorised usage of your Cell C SIM Card following the theft or loss of the Goods. The amount may not exceed a maximum amount of R 2000.

      2. Waiver of Debit Balance

        In the event of death, permanent disability resulting in permanent unemployment or involuntary retrenchment of you at a time when the SIM Card with the MSISDN number referred to in the Subscriber Agreement, or in the Value Pack Plus Application, is installed in the Goods, Cell C agrees to waive (abandon or give up) the amount owing by you to Cell C. The amount may not exceed a maximum amount of R 3000 at the date of such incident and the waiver is subject to the following:

        1. Cell C will only waive amounts which are not overdue at the date of the incident;
        2. Cell C will not waive any amount exceeding the limit selected by you;
        3. you or your estate must pay any other amount due to Cell C, before being entitled to any waiver under this Value Pack Plus agreement.

    2. Extended Warranty on Goods

      If the Manufacturer's Standard Warranty relating to the Goods purchased by you from Cell C reflecting the IMEI number on the Subscriber Agreement endures for less than 24 months from the original date of purchase, Cell C will extend the warranty in respect of the Goods (including original Goods software but excluding any battery, battery charger and any accessories).

      Cell C will provide the same warranty for the extended period that was provided by the manufacturer in respect of the Goods subject to the following:

      1. The extended warranty provided by Cell C only starts on the expiry of the manufacturer's warranty and ends when the Initial Contract Period of the Subscriber Agreement expires.
      2. The IMEI number on the Goods must be identical to the number shown on both the original label on the back of the Goods and the IMEI number on the Subscriber Agreement, to which this undertaking is related.
      3. Cell C will have the sole discretion in deciding whether the Goods should be repaired or replaced.
      4. If the Goods are replaced, it will be replaced with an equivalent product, in the reasonable opinion of Cell C.
      5. Cell C may have the Goods repaired by a repair centre authorised by Cell C, which need not be an authorised manufacturer's service or repair centre.
      6. Cell C will not be liable for any costs, expenses, loss or damage incurred in having the Goods examined or repaired at any repair centre not authorised by Cell C.
      7. If the Goods are replaced or upgraded, you must ensure that all the necessary documents are timeously and accurately completed to obtain the manufacturer's warranty and the extended warranty on the new Goods.
      8. Cell C will neither assume nor incur any greater liability than that originally provided by the Goods manufacturer as if the Goods manufacturer's warranty endured.
      9. This extended warranty is not transferable.
      10. Your rights against Cell C in regard to anything covered by the extended warranty are limited to the terms and conditions of this warranty.

      NOTICE THAT THE FOLLOWING PROVISIONS EITHER LIMIT THE RISK OR THE LIABILITY OF CELL C OR YOU ASSUME RISK OR LIABILITY. THE NATURE AND EFFECT OF EACH OF THESE LIMITS, RISKS OR LIABILITIES ARE MADE CLEAR BELOW.

  3. Cell C will not be liable to replace the Goods in the following instances:-

    1. If A Cell C SIM Card with the MSISDN number referred to in the Subscriber Agreement is not installed in the Goods at the time of total loss or damage. Cell C is only liable if at the time of the incident the Goods it sold you are fitted with the SIM Card it sold you under the Subscriber Agreement.
    2. If the accidental loss or damage is covered by the Manufacturer's Warranty. If the Manufacturer's Warranty covers the loss or damage, this Valeu Pack Plus agreement does not cover the loss or damage .
    3. If you fail to take all reasonable precautions to safeguard the Goods, including, but not limited to:
      1. If you do not protect the Goods from theft or loss as if you bear the risk. You must guard against theft or other loss of the Goods and SIM Card as carefully as if you had to pay for the loss yourself;
      2. If the Goods are left exposed where it is vulnerable to easy removal or damage, either in a public place of whatsoever nature or description, or during any social occasion. If the Goods are placed anywhere where it may be easily taken by someone, or damaged, or in any public place during any social gathering where guests are present and it is lost or damaged, Cell C will not be liable;
      3. If the Goods are not used for the purposes intended. The Goods must be used only as a cellphone, speedstick, dongle or laptop (whichever is applicable) and if you use it for any other purpose, Cell C will not be liable;
      4. If the Goods are not properly protected from exposure to liquids of any nature. Do not allow any liquids to get onto or into the Goods;
      5. If the Goods are not used and maintained in accordance with the manufacturer's requirements. When you get the Goodsand SIM Card there will be a manufacturer's instructions which you must read carefully and apply to the way you use and look after the Goods, or you will not be entitled to benefit from Value Pack Plus;
      6. If the Goods are placed in any liquid, powder, sand or soil; and
      7. If you do not take reasonable care of the Goods and the SIM Card in any way including the ways described in (a) to (f) above, Cell C will not be liable for any repair or replacement of the Goods.
    4. If the loss is as a result of normal wear and tear. Ordinary wearing out and damage caused by ordinary use of the Goods is not covered.
    5. If the loss or damage is to accessories. Only the Goods itself are covered and you must pay for the repair or replacement of any accessories used with the Goods.
    6. If the Goods have been repaired or tampered with by any person other than a repair centre approved and pre-authorised by Cell C and if you or anyone else not approved by Cell C repairs or interferes with the Goods, you will not be covered.
    7. If the loss or damage is caused by any abuse, unlawful use or willfulness by you. You do not have any cover for your own misuse of the Goodst, using it unlawfully or deliberately causing the loss.
    8. If any amount due to Cell C has not been paid. If you owe any amount to Cell C the Goods will not be repaired or replaced until you have paid what you owe.
    9. If the loss or theft is covered by any insurance. If you have any insurance covering the loss or damage, this C-Cover does not apply to that loss or damage.
    10. If any accidental loss is due to natural causes or disasters, directly and exclusively without human intervention and which could not have been guarded against. Cell C does not provide cover if the loss or damage is caused by a natural disaster or event that could not have been prevented.
    11. If the loss is caused by war, invasion, act of foreign enemy, act of terrorism, riot, or public disorder. Acts or aggression, terrorism or social unrest which cause loss or damage are not covered.
    12. If the loss or damage is caused by any event arising from nuclear fission. If the loss is caused by a nuclear reaction there is no cover.
    13. If you fail to deliver any damaged Goods to Cell C, or the authorised repair centre nominated by Cell C within 30 days of the event. You must return any damaged Goods to Cell C or an authorised repairer selected by Cell C within 30 days of the damage happening or you will not have cover

  4. Limit (Note that this is a limit on the maximum amounts that you may be paid according to the option chosen by you on the application)

    The maximum amount that Cell C will bear in respect of any incident is R12, 500 (including vat).

    Any amount exceeding the maximum limit will be for your account or of your representative. The limit is inclusive of amounts payable by you. The maximum limits include the amounts payable by you in paragraph E below.

    Fourth or subsequent loss of any kind during any 18 month period If you claim for three losses in 18 months you will not have any cover until after the end of the 18 month period.

    No cover Value Pack Plus will be suspended from the date of the 3rd loss until a date 18 months from the date of the first loss.

  5. Amounts payable by you

    In order to ensure that cover remains affordable, you must pay the following amounts before any benefit is provided by Cell C. Yo must pay part of every loss to encourage you to look after the Goods and to pay small claims themselves so that careless behavior and many small claims do not make the cover too expensive:-

    LOSS/ THEFT OF CELLPHONE First MSISDN Incident Second MSISDN Incident Third MSISDN Incident
    Amount payable by you R 350 R 650 R 800
    ADDITIONAL AMOUNTS Amount Payable
    Any incident occurring within 30 days of inception of the Value Pack Plus Agreement An additional R 600
    Any incident occurring from 30 to 60 days of inception of this Value Pack Plus Agreement An additional R 300

    Note All amounts included in the above tables include VAT
    No amount payable by you under this Sections E may be offset against the value of any benefit

  6. Period

    The Value Pack Plus Provisions will be in force for each billing month for which an additional subscription has been paid by you for Value Pack Plus.

    You may terminate Value Pack Plus on 30 days' notice to Cell C, either in writing or by calling 135 or 084 135.

    Cell C may terminate the Value Pack Plus Provisions on 30 days' notice to you, subject to crediting you with any additional subscription paid which is unearned by Cell C.

  7. Increased Contributions

    Cell C may increase the amount of any additional contribution payable in terms of these Value Pack Plus Provisions on 30 days' notice to you, but you can give notice to terminate the agreement on the day before the increase will take effect.

  8. Incident Limitation

    These Value Pack Plus benefits will cease with immediate effect if you make 3 claims during any 18 month benefit; until the commencement of any Renewal Period.

  9. Incidents

    1. Cell C will not be liable for any benefits if you do not fully perform all obligations under this agreement, including the provisions relating to reporting the incident.
    2. If any event of loss or theft of the Goods occurs, giving rise to an incident under the Value Pack Plus Provisions, you must immediately notify the Cell C Contact Centre (084-135), not later than 3 days after such loss or theft, to initiate the deactivation of the MSISDN number relating to the SIM Card.
    3. Cell C will blacklist any lost or stolen Goods on the GSM Network as soon as possible after you have advise us of the theft or loss.
    4. You must report any loss or theft of the Goods to the relevant police station within 3 working days of the happening of any total loss or theft and you must obtain a police case number.
    5. If any incident happens that will give you a claim under Value Pack Plus, you must within 30 days of the event submit a completed written incident form to Cell C in the form required by Cell C (available on its website); and you must provide any additional information requested by Cell C within 30 days of such request.
    6. We will give you notice in writing if we refuse to give you a benefit claimed under Value Pack. You will have no claim at all unless you institute legal proceedings (like issuing a summons) for the amount you claim within 12 months of the date on which we reject your claim in writing. We need to calculate our losses on an annual basis which is why your time to sue is limited to 12 months.
    7. If any missing Goods are traced or any person responsible for the loss is traced, you must help Cell C in every reasonable way, free of charge, to recover the Goods, or the amount of Cell C's loss for the incident.
    8. If you owe any amount to Cell C which is in arrears, you must pay the full amount outstanding before we will take any decision on the claim, or pay any benefits arising from an incident causing loss or damage to the Goods.
    9. If you make 3 claims in any 18 month period, Value Pack Plus will be suspended immediately and will only come back into effect after the 18 month period has ended,

  10. Forfeiture for fraud

    If any incident reported by or on behalf of you is in any respect fraudulent, or if any fraudulent means are used by or on behalf of you to obtain any Value Pack Plus benefit, all rights to any Value Pack Plus benefits will be forfeited and these Value Pack Provisions will no longer apply to you

  11. No consequential loss

    Cell C will not incur any liability at all for any indirect or consequential loss, damage or liability, no matter how that loss, damage or liability occurs. Direct loss is the amount directly lost because the Goods or SIM Card are lost, stolen or damaged. Indirect or consequential loss is any loss that results from that direct loss and is not covered by this Value Pack Plus.

  12. Repairs by you

    If you have the Goods examined or repaired at any unauthorised repair centre, you will not be entitled to reimbursement of any costs incurred. Cell C will only be obliged to pay for repairs by an authorised repair centre which it has authorised or approved in advance of the work being done.

  13. General

    Any notice to be delivered by Cell C to you may be delivered electronically (including sms), or by hand or by fax to your address given in the Application.

    Any notice to be delivered by you to Cell C must be delivered by hand to 150 Rivonia Road, Sandown for the attention of the Cellphone Cover Department or by fax to 084 14329 Cell C.

  1. 1.Terms and Conditions of the Cell C Bonus on Incoming Calls Campaign

    It is important that you understand and agree to these terms and conditions in order for you to participate in the Cell C Bonus on Incoming Calls Campaign (the "Campaign").

    This Campaignis organised by Cell C (Pty) Limited, registration number 1999/007722/07 ("Cell C").

    This Campaign is only valid in South Africa to any bona fide pre-paid customer, as per clause 3.

    1.1 All standard terms and conditions of Cell C and Cell C Service Provider Company (Pty) Ltd apply to this Campaign.

    1.2 Directors, members, partners, employees or agents of or consultants to Cell C, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible to enter the Campaign and cannot claim any rewards.

    1.3 The Campaign will run from 1March 2016 until 31 March 2016 ("the Campaign period").

    1.4 You understand that all information (including these terms and conditions) relating to this Campaign published on any promotional or advertising material, or on our website at any time before or during the Campaign period will form part of the terms and conditions of entry.

    1.5 Cell C reserves the right to withdraw or shorten this Campaign, change the rewards or amend the terms and conditions of this Campaign at any time before the Campaign period is over, in its absolute and sole discretion.

  2. 2.Rewards

    The rewards that can be claimed in this Campaign are as follows:

    2.1 If a customer fulfils the requirements of the SMS received from Cell C with regards to receiving in-coming calls from customers on other networks, the qualifying customer will receive 1 (one) free on-net minute (Cell C to Cell C) valid for 30 (thirty) days.

    2.2 Rewards may not under any circumstances be exchanged for cash. Cell C reserves the right to substitute or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against Cell C in this instance.

  3. 3.How to participate in the Campaign and claim rewards:

  4. To participate in this Campaign, you must be a valid pre-paid Cell C customer and must have received the SMS communication form Cell C with the prescribed requirements for participation.
  5. You must have also received an SMS communicating the Campaign
  6. Once you have validly met all the requirements set out in paragraph 3.1 and 1.3 above, you will automatically be entitled to claim the rewards.

  7. 4.Should you qualify for the rewards:

    You will be contacted by Cell C, within seven (14) days after the draw by SMS.

    You may be required to produce the SIM card and/or proof of identity, to Cell C's satisfaction, to prove that you are the legal owner of the winning cell number. If you cannot provide proof that you meet all the Competition conditions, to Cell C's satisfaction, you understand that you will not be entitled to the prize and the prize will be placed into a separate draw for an alternate winner. You will have no claim against Cell C in this instance.

    The judges' decision is final. Cell C confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the Competition.

    If you are a winner, Cell C may ask you if we can publish your name and photograph, at no cost to you, for any advertising, promotional, print, point of sale or public relations material for a period of 12 (twelve) months from the end of the Competition period. You are entitled to decline this request.

    Cell C cannot be held liable for the interception or loss of your personal information while transmitted, stored or processed across the internet, including social media sites and assumes no liability for any such interception or loss

    It is important that you understand that all participants in the Campaign indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from its participation in this Campaign

    Cell C assumes no liability for any entry that may be omitted from this Campaign, for any reason whatsoever.

    Cell C may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Campaign, you agree and understand that you will be bound by the amended terms and conditions.

PTT Terms and Conditions

  • 1. It is important that you understand and agree to these terms and conditions as well as the terms and conditions set out in the Corporate Subscriber Agreement, in order to make use of the Cell C Push to Talk Services ("PTT")
  • 2. All standard Terms and Conditions of Cell C and Cell C Service Provider apply.
  • 3. All prices and usage rates advertised include VAT, unless otherwise stated.
  • 4. Standard RICA rules and processes apply when a PTT SIM is activated.
  • 5. In these terms and conditions "subscriber" may refer to both the Corporate subscriber who takes out the Corporate Subscriber Agreement with Cell C, as well as the authorized users/subscribers to the VAS service in terms of the Corporate Subscriber Agreement.
  • 6. The PTT service is a Value Added Service (VAS). Two VAS options will be offered to subscribers who want the PTT service: "PTT Basic" and "PTT Locate":
  • 6.1. The "PTT Basic" VAS will allow subscribers to "talk" to each other on an unlimited basis, i.e. they can send unlimited pushes to each other, as well as communicate via Instant Messaging (IM).
  • 6.2. The "PTT Locate" VAS will allow for unlimited pushes, Instant Messaging (IM), as well as a Locate service that will allow a control room to track the physical where about of a PTT SIM subscriber.
  • 7. The Push To Talk (PTT) VAS allows subscribers to communicate via a "Walkie-Talkie" fashion, i.e. send voice messages via a "Push" button. Voice pushes are done only on a one-directional basis, i.e. 2 subscribers cannot communicate at the same time like you would over a telephone in the ordinary course.
  • 8. A subscriber must subscribe to a PTT VAS in order to be able to use the PTT service and application.
  • 9. All PTT usage is free to the subscriber activated on the PTT VAS. Additional data usage will be charged at out of bundle data rates.
  • 10. The PTT Basic and PTT Locate service is available for the subscribers of SME, Business and Government subscribers. The subscriber can choose PTT Basic or PTT Locate as a standard VAS or can activate on any of Cell C's contract packages.
  • 11. Individual subscribers, Community Service Telephone, Low Cost Routing, WASPs subscribers are excluded from purchasing the PTT service.
  • 12. If they request for it, subscribers can be grouped in particular groups. Grouping allows Business's to send voice pushes to the whole group.
  • 13. The Business will have to sign a Corporate Subscriber Agreement with the third party PTT solution provider to Cell C, so that this third party provider can perform the following:
  • 13.1. Provision for the PTT application on subscribers' phones;
  • 13.2. Group users into the relevant talk groups;
  • 13.3. Provide access to the PTT service by provisioning all subscribers on the service once the PTT VAS is activated;
  • 13.4. Provide and maintain a software application that will be used to monitor the physical locations of PTT subscribers / SIM;
  • 13.5. Provide training to the subscriber on how to use the PTT application, as well as how to use the tracker software application and,
  • 13.6. Provide support on any operational issues on the PTT application and tracker software application
  • 14. In order for two subscribers to "Talk" via the PTT service, both must subscribe to and be activated for PTT services.
  • 15. On activation of "PTT Basic" VAS , a subscriber will obtain the following benefits:
  • 15.1. A PTT application that will be used to perform PTT usage. The PTT application will be sent to subscribers via SMS. Once the application is downloaded the subscriber can use the service to communicate.
  • 15.2. PTT voice pushes and PTT Instant messaging;
  • 15.3. Unlimited pushes to 1 or many subscribers within the same group for PTT usage;
  • 15.4. Unlimited instant messaging (IM) to any other subscriber within the same group for PTT usage and, PC client billing and set-up. 1 Free PC client per subscriber based on a minimum of 10 licences. This can be PTT Basic or a combination of PTT Basic and PTT Locate.
  • 16. On activation of the "PTT Locate" VAS, a subscriber will obtain the following benefits:
  • 16.1. A PTT application that will be used to perform PTT usage. The PTT application will be sent to subscribers via SMS. Once the application is downloaded the subscriber can use the service to communicate;
  • 16.2. PTT Basic voice pushes, PTT Instant Messaging and Locate;
  • 16.3. Unlimited pushes to 1 or many subscribers within the same group for PTT usage;
  • 16.4. Unlimited instant messaging to any other subscriber within the same group for PTT usage and,
  • 16.5. Ability for the Business to monitor the physical location of any subscriber/SIM activated within the Business group if the Business has installed the relevant software application.
  • 17. Once a subscriber has activated the PTT service, they will be assigned to a default "talk group" where all PTT users are grouped together for that account. The Business subscriber must advise Cell C of any particular grouping should they require different groups for different departments in which they would like their employees to be grouped.
  • 18. If a Business enters into a subscriber agreement with Cell C during the month for a PTT service, the first month's PTT subscription fee will be charged in full due to the subscriber receiving unlimited access to the service. The subscription fee for the PTT VAS will not be pro-rated.
  • 19. Data consumption while roaming internationally will not deplete from the inclusive data of the relevant PTT VAS. Data roaming rates will apply and will be charged as out of bundle usage.
  • 20. Once the Cell C contract has matured, the service will continue on a month to month basis until the Corporate subscriber decides to migrate or upgrade the subscriber Agreement to a new package/deal, or convert to Prepaid or terminate the PTT service. The relevant PTT VAS will be allowed to remain on the new contract if the requirements for PTT are still met.
  • 21. If a subscriber needs to use another handset (in case of stolen phone, loan phone as original handset not working, etc.), the Corporate subscriber must advise Cell C of this in order to organise for the PTT application to be downloaded on the new handset.
  • 22. The PTT application, VAS and inclusive benefits can only be used for business purposes and cannot be used for other commercial purposes. The Corporate subscriber agrees that the inclusive benefits (including the unlimited voice pushes) shall not be resold and/or used for purposes of least cost routing, SIM boxes, international bypass, payphones, WASP services or call centres. Failure to adhere to this condition shall be a breach of these product terms and conditions and Cell C shall have the right to immediately suspend all inclusive benefits and reserve the right to pursue all legal remedies available to Cell C. In this event, the Corporate subscriber shall forfeit all unused inclusive benefits.
  • 23. Cell C reserves the right to amend pricing of the PTT VAS service to subscribers
  • 24. Cell C reserves the right to suspend the PTT service when any fraudulent activity is suspected, and / or if the outcome of any investigation proves that fraudulent activity did occur, Cell C shall be entitled to terminate the PTT service with immediate effect.
  • 25. Cell C reserves the right to suspend or cancel the PTT VAS and/or the Corporate Subscriber Agreement, should there be an abuse of the PTT Service by any subscriber.
  • 26. Cell C and any of its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from the subscribers' use of the PTT service.
  • 27. Cell C has the right to withdraw, or shorten the duration of the availability of the PTT service in its sole and absolute discretion and will notify subscribers if it chooses to do so. Subscribers will not have a claim against Cell C in this instance.
  • 28. Cell C may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion and the amended version will be displayed in the same media as these terms and conditions. Cell C will notify you before Cell C amends or otherwise changes the terms and conditions.
  • 29. Corporate subscribers have the right to cancel the PTT service, subject to the applicable Cell C cancellation rules applicable to VAS products.
  • 30. The Corporate subscriber warrants that it has obtained the express consent from employees and/or subscribers that make use of the PTT Locate service to locate and track the physical whereabouts of such employees and/or subscribers. Failure by the subscriber to obtain the express consent from employees and/or subscribers shall constitute a breach and Cell C shall be entitled to terminate the subscriber's access to the PTT Locate service immediately. By using the PTT Locate service to locate or track employees and/or subscribers, the subscriber indemnifies and holds Cell C harmless against any and all claims, loss, expense, harm, damage or liability of whatever nature relating to PTT Locate service; and any claim, loss, expense, harm, damage or liability of whatever nature that may arise as a result of a breach by the subscriber
  • 31.Validity, Expiry:
  • 31.1. The PTT service will be valid for a calendar month, as long as the monthly VAS subscription is paid.
  • 31.2. The service will continue for the duration of the contract period subject to the monthly VAS subscription being paid timeously.
  • 32.Depletion Rules:
  • 32.1. A PTT voice call can be made only by a subscriber who has subscribed to a PTT VAS. PTT usage will not be allowed to be made between subscribers who belong to different companies or different groups. PTT usage will only apply among individual account groups created for a specific Corporate subscriber.
  • 32.2. Only PTT usage will be unlimited subjected to a Fair Usage Policy (FUP) of 10GB, any additional data usage will be charged at the out of bundle usage rates as per the subscriber's applicable tariff plan rates and rules.
  • 32.3. Any other data usage will be billed at the out of bundle usage rates according to the subscriber's applicable tariff plan or bundle rates.
  • 32.4. Access to the PTT service can only be granted once the PTT VAS is activated.
  • 33.Migrations:
  • 33.1. Subscribers activated on the PTT service can migrate to any Cell C tariff plan during the contract period. Standard contract migration rules shall apply.
  • 33.2. Any existing Cell C Business, SME and Government account with Cell C can apply for the PTT service and request for the VAS to be loaded onto their existing contract account, in terms of the Corporate Subscriber Agreement.
  • 33.3. All migration requests must originate from the company's authorized administrator and will be directed towards the Business Helpdesk.
  • 33.4. Subscribers on PTT packages will be allowed to be removed from their groups (for example, a staff who is leaving the company), but Business Helpdesk must ensure that the PTT VAS is removed from the subscriber's subscription. In this scenario, the subscriber may stay on the original Contract Package (e.g. SU 200), or move to any other product offered by Cell C (as per the "BR Migrations and Renewals" or specific migration plan rules).
  • 33.5. Subscribers on PTT packages will also be allowed to migrate within the 2 PTT VAS (i.e. PTT Basic and PTT Locate). In this scenario, the B2B HelpDesk agent must cancel the original VAS, and activate the new one. Instacom will be automatically notified of the cancellation of the old VAS and activation of the new one.
  • 33.6. Again, in this scenario, the subscriber will not be refunded with any credit for his old VAS. If the migration is performed in the middle of the month, the subscriber will be charged for full the subscription of the new PTT VAS.
  • 34.Cancellations for PTT VAS:
  • 34.1. All cancellation requests must originate from the subscriber's authorized administrator and will be directed towards the Business Helpdesk. The Sales manager should then be informed of the request.
  • 34.2. Cancellation of the PTT package (i.e. the Straight Up main product and PTT VAS) will be treated as a normal contract cancellation (where the entire contract is being cancelled) and the standard Cell C rules for this will apply.
  • 34.3. Cancellation of the PTT VAS will not entitle the subscriber to cancel the Corporate Subscriber Agreement with Cell C. Should a Corporate subscriber wish to cancel the Corporate Subscriber Agreement, the applicable Cell C cancellation penalties and fees for cancellation will apply.
  • 34.4. Cancellation of the PTT VAS can be done at any time during the month, but no credit will be refunded for the PTT VAS's subscription. The monthly subscription fees for the relevant PTT VAS will still be charged (as subscription fees are charged in advance). The subscriber will also be removed from any relevant "talk" groups and will not be able to use the PTT application on his/her handset and the subscriber will be de-provisioned by Instacom.
  • 34.5. Once a PTT VAS has been cancelled from Cell C's IT systems, an automated request will be sent to Instacom in order for them to block further usage of the PTT application for that particular MSISDN. The automated request will take up to a maximum of 15 minutes in order to reach Instacom's systems. Instacom will also remove the MSISDN from the talk groups of the Corporate subscriber's account.

1. It is important that you understand and agree to these terms and conditions in order for you to use the Thumbtom application (the "Application").

2. All standard Terms and Conditions of Cell C (Pty) Ltd and Cell C Service Provider Company (Pty) Ltd apply to the service.

3. The Thumbtom Application is not a Cell C product, and any queries in respect of your use of the Application must be directed to Thumbtom

4. It is important that you understand that all customers who make use of the Thumbtom Application indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from their use of the Thumbtom Application and its benefits.

5. Cell C has the right to withdraw the Thumbtom Application in its sole and absolute discretion and will notify customers if it chooses to do so. Customers will not have a claim against Cell C or Thumbtom in this event.

Duration of the Service?
The Application is available from 00:00:01, on 23 December 2015.

1. About This Agreement
The following terms and conditions govern your download and use of the Thumbtom smartphone and mobile device application (the "Application"), and your use of the Thumbtom.com website (the "Site") and all content, products, services and functionality available at or through the Application and the Site (collectively, together with the Application and the Site, the "Services"). The Services are owned and operated by Thumbtom Pty Limited ("Thumbtom", "we", "us" or "our"). The Thumbtom Application allows businesses and advertisers (collectively, "Advertisers") to deliver attractive ads, coupons, deals, rewards and other advertising content (collectively, "Ad Content") on the mobile lockscreen of consumers who have downloaded and installed the Application (collectively, "End Users", and each, an "End User"). Thumbtom compensates End Users with Points, which may be redeemable for cash, products and services, and may even be converted into charitable contributions. The Services are offered subject to the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time through the Services by Thumbtom (collectively, the "Agreement").. Without limiting the foregoing, the Agreement also incorporates by reference (1) if you are an Advertiser, a written agreement between you and Thumbtom setting forth the terms of the specific monetization activities you are requesting in connection with the Services (each such agreement with an Advertiser, an "Advertising Agreement"). If you wish to become an Advertiser with us, please email us at support@thumbtom.com. PLEASE READ THIS END-USER LICENSE AGREEMENT AND TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THE APPLICATION OR USING ANY OF THE OTHER SERVICES. By clicking on or pressing "I accept", "I agree" or similar verbiage during the download and/or signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and Thumbtom. If you do not agree to all the terms and conditions of this Agreement, then you may not download the Application or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.

2. Acceptable Use Policy
Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Site or Application, you may be exposed to user content (including, without limitation, Ad Content) provided by other users or third parties, and you agree that Thumbtom is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such user content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another user of the Services or any other third party, is strictly forbidden. You also may NOT:

  • solicit for commercial purposes other users of the Services, unless permitted by and in accordance with an Advertising Agreement;
  • use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with an Advertising Agreement;
  • use metatags or any other "hidden text" utilizing any of our or any third party's product names or trademarks;
  • harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
  • use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with an Advertising Agreement;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or
  • bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.

We reserve the right to immediately block or disable your ability to use the Application, and/or otherwise suspend or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.

3. Our Intellectual Property Rights
The proprietary software associated with the Application and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by Thumbtom. In addition, the Services, including all software, Thumbtom content, inventions, technology, products, services and Thumbtom data provided on the Site or through the Services, are protected under South Africa and international copyright, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of Thumbtom, and are the exclusive property of Thumbtom and its licensors. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, "Feedback"), shall become the exclusive property of Thumbtom. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to Thumbtom and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.  

4. Limited License
Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Thumbtom grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) download, install, and use the Application to use on a single mobile device, and (b) use the Services, in each case for your internal personal or commercial purposes but not for commercial resale, sublicensing, time-sharing or service bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by Thumbtom. Without limiting the generality of the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble Application or the Services, or make any derivative works based on the Application or other Services (including any customization, translation, or localization).. Any unauthorized use or other activity by you in violation of the Agreement will cause the licenses granted to you by Thumbtom in this Section 4 to terminate automatically. This Agreement does not transfer from Thumbtom to you any Thumbtom or third party intellectual property, and all right, title and interest in, to and under such property will remain solely with Thumbtom or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Thumbtom. Thumbtom, Thumbtom.com, the Thumbtom logo, and all other trademarks, service marks, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of Thumbtom or Thumbtom's licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any Thumbtom or third-party trademarks.  

5. Accounts
 If you sign up for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person's Thumbtom account or share your password with another person. When creating your account, you must provide accurate, complete and non-misleading information. You agree to immediately notify Thumbtom of any unauthorized uses of your account or login credentials or any other breaches of security. Thumbtom will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our current policy limits you to the creation of only one Thumbtom account per mobile device. Account features differ depending on whether they are held by End Users (each, an "End User Account") or Advertisers (each, an "Advertiser Account"). Special features and terms and conditions pertaining to End User Accounts and Advertiser Accounts are set forth below.  

6. End User Accounts
When you download the Application, you will be prompted to register for an End User Account, and Thumbtom may then begin displaying Ad Content on the lockscreen of your mobile phone. After that, all of your interactions with Thumbtom will be recorded, stored in our servers, and associated with your End User Account. Among other things, your End User Account will keep track of how many Points you have earned, your Points redemption options, and your Points redemption history. From time to time, you may have the option to redeem your Points for cash. There is more than one way to earn Points. The simplest way to earn is by engaging with Thumbtom by moving the lock screen unlock slider (i) to the right to unlock your phone, or (ii) to the left to engage with the Ad Content. For example, if you slide left to watch a video advertisement, you may earn Points, or if you use a coupon provided through the Application, you may earn Points. However, please note that in each case, you will have the opportunity to earn the same number of Points by sliding right to simply unlock your screen. The reason is that Thumbtom aims for honest interactions and discourages disingenuous interactions intended for the sole purpose of generating inflated Points earnings. While you are not prohibited from sliding left every time Ad Content is displayed on your lockscreen, Thumbtom's proprietary smart algorithm is optimized to screen for abuse and will automatically decrease the number of Points offered to End Users who attempt to abuse the system. Therefore, over time, you may find that sliding left too much will result in a reduced Points earning potential. To avoid these consequences, Thumbtom recommends that you use your smartphone or mobile device as you normally do and that you engage only with Ad Content that genuinely interests you. PLEASE NOTE THAT THUMBTOM DOES NOT AND CANNOT PROMISE OR GUARANTEE THAT YOU WILL EARN ANY NUMBER OF POINTS OR THAT YOU WILL RECEIVE ANY AMOUNT OF AD CONTENT IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF COMPENSATION OR VALUE, MONETARY OR OTHERWISE, WHEN YOU REDEEM YOUR POINTS. While Thumbtom's hope is to be able to share with its End Users some of the revenue generated when End Users interact with Ad Content, Thumbtom's ability to reward you depends on whether, and how much, Thumbtom gets paid by the relevant Advertiser, and due to the complex nature of its relationships with Advertisers, whether Thumbtom gets paid, and how much, may vary over time. In addition, please note that we may elect to invalidate any Points at any time prior to redemption in our sole discretion, and that if we do so, you will no longer be able to redeem them. We may do this for a variety of reasons, such as non-payment by Advertisers, changes in our arrangements with Advertisers or in applicable laws and regulations, or your breach of this Agreement. We may do this without prior notice, but we will attempt to notify you afterward where feasible. As noted, each time you earn Points, we place the Points in your End User Account. Your right to earn and redeem Points is conditioned on your compliance with the Agreement. You may access your End User Account to modify your account settings or to review your Points earnings and redemption choices. You may log in by entering your username and password with the Application or through the Site. You may log into your End User Account to redeem your accumulated Points. While we reserve the right to modify the way that you can redeem Points at any time in our sole and absolute discretion, as of the "Last Updated" date of this Agreement set forth below (the "Effective Date"), you can redeem your Points by visiting the area of your End User Account interface (accessible through the Application or the Site) called the Redeem (the "Redeem" button). While in Redeem view, you may redeem your Points by distributing their value pursuant to one of the redemption methods then available to you. As of the Effective Date, End Users may have a choice to exchange their accrued earnings in Points to redeem them from the providers available. Each redemption is set by the advertiser or Thumbtom and is currently being done manually in version 1. From time to time, Points may also be redeemable for products, services and other special offers. You will be eligible to redeem Rewards Tom in connection with each month that you use the Services, on the day that falls exactly three months after the last day of each applicable redemption month (each such date, a "Pay Day"). For example, February earnings will be eligible for withdrawal, at the earliest, on the following May 31st. However, the Points remain the property of Thumbtom, not you, at all times prior to the time that you successfully redeem your Points through the Services. Any redeemable amounts not redeemed within sixty days of the day they first became eligible for redemption shall be permanently forfeited, such that they will be removed from your End User Account and shall no longer be available to you for redemption. You may close your End User Account at any time by logging in and adjusting the appropriate settings. We will ask that you redeem your Reward Point balance prior to closing your Thumbtom Account. If your End User Account is closed and you fail to properly distribute your Reward Point at such time, we may elect to invalidate those Points and you will no longer be able to redeem them. Finally, please note that if your End User Account is inactive for an extended period of time, we may be required by applicable law to remit the value of unredeemed Points to the state which you reported to us as the state you last lived in. If we remit funds as required by law, you will need to contact the state, and not us, to obtain the balance.

 

7. Advertiser Accounts
Advertisers may access details pertaining to the performance of advertising campaigns managed by Thumbtom in connection with the Services by logging into their Advertiser Account and utilizing Thumbtom's proprietary tracking and reporting system. You agree not to use any of the information accessed or obtained through your Advertiser Account except for internal business purposes in connection with this agreement. Advertisers' use of the Services is subject to all of the terms and conditions in their respective Advertising Agreements with Thumbtom. Advertisers may not register for or use an Advertiser Account unless they have an Advertising Agreement with Thumbtom. In the event of any conflict between this End User License Agreement and Terms of Service and the Advertising Agreement, the Advertising Agreement shall control solely with respect to the specific advertising campaigns and other activities described in the Advertising Agreement.  

8. Collection Of Information
For details about our data collection and data use practices, please see our Privacy Policy //www.Thumbtom.com/privacy. As explained in the Privacy Policy, the Application may collect, store and share geolocation information (i.e., information about your current location) that you choose to make available to Thumbtom and our Advertisers others through the Services as well as collecting and storing anonymized, aggregated geolocation data from your mobile device's GPS function. To uninstall the Application, please follow the default uninstall process for your mobile device. If you are downloading or using the Application or the Services from outside South Africa, please be aware that your information (including geolocation information collected through the Application) will be transferred to, stored and processed in the South Africa where our servers are located and our central database is operated. The data protection and other laws of the South Africa and other countries might not be as protective as those in your country. By downloading and using the Application, which is provided exclusively from the South Africa, you hereby consent to the transfer of your information to the South Africa and its collection, storage, sharing and use as described in the Privacy Policy. You further agree that all transactions relating to the Application and the Services shall be deemed to have occurred in the South Africa. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.  

9. Mobile And Internet Services
 Whenever you utilize the Services from your mobile phone, you thereby agree to receive such services on the device you designate for such purposes and understand that your wireless or internet services provider's standard SMS and/or data rates may apply to these services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.  

10. Third Party Links And Sites
We have not reviewed, and cannot review, all of the material, including the Ad Content and computer software, made available through the Services, or websites, webpages and applications to which such Ad Content, the Application or the Site links, or with which they are integrated (such as Facebook and Twitter), or that link to the Application or the Site ("Third Party Sites"). Thumbtom does not have any control over those Third Party Sites, does not recommend or endorse them, and is not responsible for their contents or their use. We have no responsibility for or control over such privacy or security practices or any Third Party Site's collection, storage, use or disclosure of information from you. You should read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of Third Party Sites.

11. Copyright And Other Intellectual Property Infringement
As Thumbtom asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so.

12. Updates And Changes
From time to time, the Application may automatically download and install, or may prompt you to download and install, updates from Thumbtom. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit Thumbtom to deliver these to you) as part of your continued use of the Application. While you may refuse to download and install updates, doing so may cause your access to the Application and/or the Services to be disabled. We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Application and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Application or the Services, or support or upgrades for the Application, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that Thumbtom may post on the Site or make available through the Services. Thumbtom may also modify or eliminate services, modules or features of the Application or Services; your sole and exclusive remedy, and Thumbtom's sole liability, in connection with any such change, modification or elimination is to terminate your account with us. Thumbtom reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the Application. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the "Last Updated" dates at the top of this End-User License Agreement and Terms of Service and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.

13. Termination
Thumbtom may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, Thumbtom may terminate your access to all or any part of the Services, stop displaying Ad Content on your lockscreen, or block or disable your access or use of the Application, if (a) Thumbtom believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) Thumbtom is required to do so by law (for example, where the provision of the Application to you is, or becomes, unlawful); (c) Thumbtom is transitioning to no longer providing the Application to users in the state or country in which you are resident or from which you use the Application; or (d) Thumbtom believes that your use of the Application may infringe or violate the rights of a third party or subject Thumbtom to civil or criminal liability or reputational harm. Termination may result, in Thumbtom's sole discretion, in the forfeiture and destruction of all information associated with your account and any Points or any advertising revenue earned prior to such date. All provisions of this Agreement which by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your account is cancelled or terminated for any reason, you will no longer be able to access information you have stored under your account.

14. Disclaimer Of Warranties
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THUMBTOM AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THUMBTOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE AD CONTENT) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THUMBTOM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY AN ADVERTISERS OR THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND THUMBTOM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES).  

15. Limitation Of Liability; Release
UNDER NO CIRCUMSTANCES SHALL THUMBTOM OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THUMBTOM OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THUMBTOM AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (i) THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM OR CLAIMS RELATE DURING THE PREVIOUS SIX (6) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR SERIES OF CLAIMS The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

16. Representations And Warranties
You represent and warrant that (i) your use of the Services will be in strict accordance with the Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair and deceptive advertising practices); and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of Thumbtom or of any other user or third party.

17. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Thumbtom, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the "Indemnified Parties") from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, Site and the Application, (b) violation, breach or default of any term of the Agreement, (c) violation by you or your Ad Content of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Ad Content) caused damage to a third party.

18. Notices
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing , return receipt requested, to: Apprica Labs, 91 Tequesta, Paulshof, South Africa. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 8 above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, please contact us at support@thumbtom.com, or at the postal address set forth above.

19. Third Party Terms
End Users agree that in addition to the Agreement, your use of the Application is subject to the usage rules set forth in Googles App Store terms of service, if you download the Application from the App Store, or in Google Play's terms of service, if you download the Application from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the Application or otherwise access the Services. Without limiting the generality of the foregoing, if you downloaded the Application from Android, you and Thumbtom acknowledge and agree to the following: This Agreement is concluded between you and Thumbtom only, and not with Google Inc. ("Google"). Thumbtom, not Apple, is solely responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Thumbtom's sole responsibility.  

20. Contact Us
You may direct any questions, complaints or claims with respect to the Application, the Site or the Services to:

  1. Terms and Conditions of the Cell C Bonus on Incoming Calls Campaign

    1. It is important that you understand and agree to these terms and conditions in order for you to participate in the Cell C Bonus on Incoming Calls Campaign (the "Campaign").
    2. This Campaign is organised by Cell C (Pty) Limited, registration number 1999/007722/07 ("Cell C").
    3. This Campaign is only valid in South Africa to any bona fide pre-paid customer, as per clause 3.
    4. All standard terms and conditions of Cell C and Cell C Service Provider Company (Pty) Ltd apply to this Campaign.
    5. Directors, members, partners, employees or agents of or consultants to Cell C, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible to enter the Campaign and cannot claim any rewards.
    6. The Campaign will run from 1April 2016 until 30 April 2016 ("the Campaign period").
    7. You understand that all information (including these terms and conditions) relating to this Campaign published on any promotional or advertising material, or on our website at any time before or during the Campaign period will form part of the terms and conditions of entry.
    8. Cell C reserves the right to withdraw or shorten this Campaign, change the rewards or amend the terms and conditions of this Campaign at any time before the Campaign period is over, in its absolute and sole discretion.

  2. Rewards

    1. The rewards that can be claimed in this Campaign are as follows:
      1. If a customer fulfils the requirements of the SMS received from Cell C with regards to receiving in-coming calls from customers on other networks, the qualifying customer will receive 1 (one) free on-net minute (Cell C to Cell C) valid for 7 (seven) days.
    2. Rewards may not under any circumstances be exchanged for cash. Cell C reserves the right to substitute or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against Cell C in this instance.

  3. How to participate in the Campaign and claim rewards:

    1. To participate in this Campaign, you must be a valid pre-paid Cell C customer and must have received the SMS communication form Cell C with the prescribed requirements for participation.
    2. You must have also received an SMS communicating the Campaign
    3. Once you have validly met all the requirements set out in paragraph 3.1 and 1.3 above, you will automatically be entitled to claim the rewards.

  4. Should you qualify for the rewards:

    1. You will be contacted by Cell C, within seven (14) days after the draw by SMS.
    2. You may be required to produce the SIM card and/or proof of identity, to Cell C's satisfaction, to prove that you are the legal owner of the winning cell number. If you cannot provide proof that you meet all the Competition conditions, to Cell C's satisfaction, you understand that you will not be entitled to the prize and the prize will be placed into a separate draw for an alternate winner. You will have no claim against Cell C in this instance.
    3. The judges' decision is final. Cell C confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the Competition.
    4. If you are a winner, Cell C may ask you if we can publish your name and photograph, at no cost to you, for any advertising, promotional, print, point of sale or public relations material for a period of 12 (twelve) months from the end of the Competition period. You are entitled to decline this request.
    5. Cell C cannot be held liable for the interception or loss of your personal information while transmitted, stored or processed across the internet, including social media sites and assumes no liability for any such interception or loss
    6. It is important that you understand that all participants in the Campaign indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from its participation in this Campaign
    7. Cell C assumes no liability for any entry that may be omitted from this Campaign, for any reason whatsoever.
    8. Cell C may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Campaign, you agree and understand that you will be bound by the amended terms and conditions.

  1. 1.MyAutoCare Terms and Conditions

    It is important that you understand and agree to these terms and conditions in order for you to use the MyDriveExec service (the "Service").

    All standard Terms and Conditions of Cell C (Pty) Ltd and Cell C Service Provider Company (Pty) Ltd apply to the Service.

    Duration of the Service
    The Service is available for 12 (twelve) months from 00:00:01, on 1 March 2016 to 28 February 2017.

    The "MyDriveExec" Service is a combination of 2 services offered by MyAutoCare, i.e. MyTaxi and DriveMeHome available to all active Cell C Exclusive customers (the "Customer").

    1. The MyTaxi service entitles the Customer to 2 (two) complimentary taxi cab trips per month for the 12 month Service period. The following terms and conditions apply to the complimentary trips:
      • A maximum of 50km radius per trip
      • R15.00 charge per kilometer in excess of the 50km
      • R50.00 surcharge for any extra drop offs
      • R95.00 surcharge for any drop offs after 1:30am
      • All bookings need to be made at least 2 hours in advance
    2. The DriveMeHome service entitles the Customer to unlimited use of a drive home service in the event of the Customer being over the legal alcohol limit to drive. Two drivers will arrive at the requested destination, whereby one of them will proceed to drive the Customer home in his/her own vehicle, while the other driver follows. The following terms and conditions will apply:
      • A maximum of 50km radius per trip
      • R15.00 charge per kilometer in excess of the 50km
      • R50.00 surcharge for any extra drop offs
      • R95.00 surcharge for any drop offs after 1:30am
      • All bookings need to be made at least an hour in advance

    Using the Service

    1. The Customer will contact the MyAutoCare Call Centre on 084 444 2886 (free from a Cell C number) in the prescribed advance times. The customer will confirm which benefit they would like to use (MyTaxi or DriveMeHome). The Call Centre agent will allocate a service provider to be dispatched to the required collection point.
    2. The driver for whichever service selected will send the Customer a message notifying them of his arrival at the collection point. The driver will wait up to a maximum of 15 minutes for the Customer, thereafter he will be entitled to leave if no contact has been made with him.
    3. The DriveMeHome service is only open to the registered Cell C Exclusive customer. The drivers will be dispatched to where the Customer is at that time and drive the Customer to the pre-booked destination.
    4. If there is no response from the Customer on the driver's arrival within 15 minutes, the MyAutoCare Call Centre will try to call the Customer and will also send the customer an SMS. Should there be no response from the Customer, the driver or driver team will be cancelled and the Customer will forfeit the trip.
    5. The MyTaxi service is only open to the registered Cell C Exclusive customer to any destination within South Africa. The Call Centre will dispatch the taxi to where the Customer is at that time.
    6. The driver will be required to transport the Customer directly to the customer's pre-booked destination. There may be no diversions en route to the destination unless previously booked.
    7. The Service is available in Johannesburg, Pretoria and Cape Town, with teams also available in smaller centres like George, East London, Port Elizabeth, Durban, Nelspruit, Bloemfontein and Kimberley. Smaller centres will require advance bookings (by 17h00 for that evening's usage).
    8. MyAutoCare (Pty) Ltd cannot be held responsible for any loss of or damage to any valuables, cell phones, laptops, personal items, etc.
    9. All drivers have a valid Professional Driver's Permit (PDP) and undergo an extensive chauffeur and driver training course.

    Validity and Expiry

    1. MyDriveExec is currently only offered to active Cell C Exclusive customers. If, for whatever reason, the customer is no longer on Cell C Exclusive, the customer will not qualify for MyDriveExec and will be removed from the service.
    2. The offer will be available for a period of 12 months from 1 March 2016 to 28 February 2017. Customers joining MyDriveExec after March 2016 will only benefit from the service until 28 February 2017.

    Customer Support:

    • For bookings, contact the MyAutoCare Call Centre: 084 444 2886
    • Please note that all calls are recorded for quality and security purposes.

    General

    1. Cell C reserves the right to suspend the Service and its benefits in its sole discretion, including but not limited to when any fraudulent activity is suspected, and if the outcome of an investigation proves that fraudulent activity did occur, Cell C shall be entitled to terminate the Service and/or benefits.
    2. Cell C may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By continuing to use the Service, you agree and understand that you will be bound by the amended terms and conditions.
    3. It is important that you understand that all customers who make use of the Service indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from their use of the Service and its benefits.
    4. Cell C has the right to withdraw, or shorten the duration of the Service in its sole and absolute discretion and will notify Customers if it chooses to do so. Customers will not have a claim against Cell C in this event.

Terms and Conditions of the Cell Recharge and Win Competition

  • It is important that you understand and agree to these terms and conditions in order for you to participate in the Cell C Recharge and Win Competition (the "Competition").
  • This Competition is organised by Cell C (Pty) Limited, registration number 1999/007722/07 ("Cell C").
  • This Competition is only valid in South Africa to bona fide pre-paid Cell C customers.
  • All standard terms and conditions of Cell C and Cell C Service Provider Company (Pty) Ltd apply to this Campaign.
  • Directors, members, partners, employees or agents of or consultants to Cell C, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible to enter the Competition and cannot claim any rewards.
  • The Competition will run from 09 March 2016 until 31 March 2016 ("the Competition period").
  • You understand that all information (including these terms and conditions) relating to this Competition published on any promotional or advertising material, or on our website at any time before or during the Competition period will form part of the terms and conditions of entry.
  • Cell C reserves the right to withdraw or shorten this Competition, change the rewards or amend the terms and conditions of this Competition at any time before the Competition period is over, in its absolute and sole discretion.

Rewards

  • The rewards that can be claimed in this Competition is as follows:
    • If a customer fulfils the requirements as set out in the SMS received from Cell C with regards to recharging with the amount specified the qualifying customer will go into the draw to win their share of R10 000 (ten thousand rand) in airtime
  • Rewards may not under any circumstances be exchanged for cash. Cell C reserves the right to substitute or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against Cell C in this instance.

How to enter the Competition and claim rewards:

  1. To participate in this Competition you must be a valid pre-paid Cell C customer and must have received the SMS communication form Cell C with the prescribed requirements for participation.
  2. You must have also received an SMS communicating the Competition and recharged with the amount specified in the SMS
  3. Once you have validly met all the requirements set out in paragraph 3.1 and 1.3 above, you will automatically be entitled to claim the rewards.
  4. The draws will take place the week after the competition has closed:
    • A week after the competition has closed and the winners will be notified via SMS
  5. Cell C reserves the right, at any time before the draw, to change the dates and/or places and/or time of the draw. You will not have a claim against Cell C in this event.
  6. Cell C reserves the right to verify, by whatever means necessary, your eligibility to participate in this Competition.

If you are a winner:

  • You will be contacted by Cell C, within seven (7) days after the draw by SMS.
  • The judges' decision is final. Cell C confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the Competition.
  • It is important that you understand that all participants and winners indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from its participation in this Competition. Prior to awarding the prize, Cell C may require you to sign such an indemnity.
  • Cell C assumes no liability for any entry that may be omitted from this Competition, for any reason whatsoever.
  • Cell C may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Competition, you agree and understand that you will be bound by the amended terms and conditions.