Terms and Conditions of Use

NOTICE: YOU ACCEPT THAT YOU HAVE BEEN GIVEN AND OPPORTUNITY TO READ AND ACCEPT THIS BEFORE USING THE YELLOWDOT TV SERVICE.

 

THE YELLOWDOT TV PORTAL GIVES YOU ACCESS TO MOBILE VIDEOS.

 

1. INTRODUCTION

• These terms and conditions shall govern your use of our website and the YellowDot TV service.
• By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of the terms and conditions, you must not use our website.
• If you are using this website, you are agreeing to these terms and conditions.
• Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. COPYRIGHT NOTICE
   • Copyright © 2019 YellowDot Mobile SA (Pty) LTD
   • Subject to the express provisions of these terms and conditions:
     • We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
     • All the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3. LICENCE TO USE WEBSITE
   • You may:
     • View pages from our website in a web browser;
     • Download pages from our website for caching in a web browser
     • Print pages from our website
     • View YellowDot TV mobile content subject to the other provisions of these terms and conditions.
   • Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save such material to your computer.
   • You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
   • Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
   • Unless you own or control the relevant rights in the material, you must not:
     • republish material from our website (including republication on another website;
     • sell, rent or sub-license material from our website;
     • show any material from our website in public;
     • exploit material from our website for commercial purpose; or
     • redistribute material from our website.
   • We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4. ACCEPTABLE USE
   • You must not;
     • use our website in any other way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website
     • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity,
     • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, malware, keystroke logger, rootkit, or other malicious computer software,
     • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent,
     • access or otherwise interact with our website using any robot, spider or other automated means,
     • violate the directives set out in the robots.txt file for our website
     • use the data collected from our website for any direct marketing activity (including without limitation to email marketing, SMS marketing, telemarketing and direct mailing).
   • You must not use data collected from our website to contact individuals, companies or other persons or entities.
   • you must ensure that all the information you supply to us through or website, or in relation to our website, is true, accurate, complete and non-misleading.

 

5. USE ON BEHALF OF ORGANISATION
   • If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, the by so doing you bind both:
     • yourself; and
     • the person, company or other legal entity that operates that business or organizational project,

 

to these terms and conditions, and these circumstances references to “you” in these terms and conditions are to both individual user and relevant person, company or legal entity unless the context requires otherwise.

 

6. REGISTRATION AND ACCOUNTS
   • To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age, are the mobile account holder or have permission of the bill payer and are a resident of South Africa.
   • You may register for an account with our website by agreeing on the Subscription page on your mobile phone.
   • You must notify us in writing immediately if you become aware on any unauthorized use of your account.
   • You must note use another person’s account to access the website

 

7. USER IDs AND PASSWORDS
   • If you register for an account with our website, you will be able to access the content by logging on to http://ydtv.ydot.co/ydtv/index on the mobile phone that is subscribed to this service.
   • Your account must not be liable to mislead and must comply with the content rules set out in section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

 

8. CANCELLATION AND SUSPENSION OF ACCOUNT
   • We may:
     • suspend your account;
     • cancel your account; and/or
     • edit your account details,

 

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund you a pro rata amount of your payment, such amount to be calculated by using any reasonable methodology.

• You may unsubscribe from your account by clicking here. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2. Email: info@yellowdotafrica.com .

 

9. SUBSCRIPTIONS
   • To become a subscriber to our website, you must pay R3.00 for each day (or where applicable, part of a day) that you remain subscribed to the YellowDot TV mobile content portal. We will send you an acknowledgement of your order by text message. You can unsubscribe from the YellowDot TV content portal ant any time by clicking here or Email info@yellowdotafrica.com .
   • For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
   • We may from time to time vary the benefits associated with a subscription by posting a new subscription on our website, providing that if in our reasonable opinion such a variation results in substantial loss if value or functionality, you shall have the right to cancel your subscription, and we will refund you a prorate amount if the fee paid in respect of your subscription, such amount to be calculated by using any reasonable methodology
10. FEES
    • The first 24Hrs are free. After the free period, you will be charged R3.00 every day and your subscription will be renewed automatically. these charges will be due from your pre-pay balance 24Hrs after the start of your subscription and daily thereafter or added to your monthly mobile bill for this phone.
    • You can unsubscribe from the YellowDot TV mobile content portal at any time by clicking here or Email info@yellowdotafrica.com
    • if you cancel your subscription within 14 days of the date of subscription you are entitled to a refund of sums paid pursuant to Section 37 the CPA.
    • Operator data charges may apply as per your plan.
    • All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
    • You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
    • We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
    • If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
    • If your payment for each day you are subscribed fails we will attempt to take the payment for a further 45 days before automatically cancelling your subscription and privileges.
    • If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

 

11. YOUR CONTENT: LICENCE
    • In these terms and conditions, “your content” means all works and materials (including without limitation to text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to use our website for storage or publication on, processing by, or transmission via, our website.
    • You grant to us a worldwide, irrevocable, nonexclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any m existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website /reproduce, store and, with your specific consent, publish your content on and in relation to this website.
    • You grant to us the right to sub-license the rights licensed under Section 12.2.
    • You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
    • You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    • You may edit your content to the extent permitted using the editing functionality made available on our website.
    • Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

12. YOUR CONTENT: RULES
    • You warrant and represent that your content will comply with these terms and conditions.
    • Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    • Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      • be libelous or maliciously false;
      • be obscene or indecent;
      • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      • infringe any right of confidence, right of privacy or right under data protection legislation;
      • constitute negligent advice or contain any negligent statement;
      • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      • be in contempt of any court, or in breach of any court order;
      • be in breach of racial or religious hatred or discrimination legislation;
      • be blasphemous;
      • be in breach of official secrets legislation;
      • be in breach of any contractual obligation owed to any person;
      • depict violence, in an explicit, graphic or gratuitous manner;
      • be pornographic, lewd, suggestive or sexually explicit;
      • be untrue, false, inaccurate or misleading;
      • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      • constitute spam;
      • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      • cause annoyance, inconvenience or needless anxiety to any person.

 

13. REPORT ABUSE
    • If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    • You can let us know by email.

 

14. LIMITED WARRANTIES

14.1.  We do not warrant or represent:

• the completeness or accuracy of the information published on our website;
• that the material on the website is up to date; or
• that the website or any service on the website will remain available.

• We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
• To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

15. LIMITATIONS AND EXCLUSION OF LIABILITY

        Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

• The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
  • are subject to Section 16.1; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• We will not be liable to you in respect of any loss or corruption of any data, database or software.
• We will not be liable to you in respect of any special, indirect or consequential loss or damage.
• You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

16. INDEMNITY

• You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claimor dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

 

17. BREACHES OF THESE TERMS AND CONDITIONS

• Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
• send you one or more formal warnings;
• temporarily suspend your access to our website;
• permanently prohibit you from accessing our website;
• block computers using your IP address from accessing our website;
• contact any or all your internet service providers and request that they block your access to our website;
• commence legal action against you, whether for breach of contract or otherwise; and/or
• suspend or delete your account on our website.

• Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

18. THIRD PARTY WEBSITES

• Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
• We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

19. VARIATION

• We may revise these terms and conditions from time to time.
• The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

20. ASSIGNMENT

• You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantee benefiting you under these terms and conditions.
• You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with. any of your rights and/or obligations under these terms and conditions.

 

21. SEVERABILITY

• If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
• If any unlawful and/or unenforceable provision of a contract under these terms and conditions 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.

 

22. THIRD PARTY RIGHTS

• A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
• The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

23. ENTIRE AGREEMENT

• Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

24. LAW AND JURISDICTION

• A contract under these terms and conditions shall be governed by and construed in accordance with South African law.
• Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

 

25. STATUTORY AND REGULATORY DISCLOSURES

• We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
• These terms and conditions are available in the English language only.

 

26. OUR DETAILS

• This website is owned and operated by YellowDot Mobile SA (Pty) Ltd.
• YellowDot Mobile SA (Pty) Ltd (Registration No. 2015 / 417912 / 07), is incorporated in the Republic of South Africa.
• Our principal place of business is at BLOCK D, Pineslopes Office Park, Lonehill, Fourways, 2191.
• You can contact us by writing to the business address given above, by using our website contact form or by email to info@yellowdotafrica.com .