(The terms and conditions are hereinafter referred to as the “Agreement”)
The Agreement is entered into by you, the user of the Service (Hereinafter referred to as ‘You”) and the provider of the Service, being Smartcall Technology Solutions (Pty) Ltd (Hereinafter referred to as “Us” and/or the “Company”,)
The terms “Your”, “Our”, “We” and any analogous terms shall apply as is appropriate under the circumstances herein.
IF YOU DO NOT HAVE THE BILL PAYERS PERMISSION TO USE THE SERVICE - THEN DO NOT ACCESS THE SERVICE AND PROMPTLY CEASE USING THE SERVICE.
FanFootball Competition, Content and Pricing FanFootball, accessible via FanFootball.app (“Website”), is a mobile subscription service charged at R3.00 per day (network charges may also apply), which offers You unlimited access of the content available while you remain subscribed (the “Service”) and also provides You with one free entry into the weekly promotional competition. The daily charge will be recovered directly from Your network service provider and You will, in turn, pay Your network provider. You authorize Us to recover the relevant amounts directly from Your network service provider who You authorize to pay Us. You confirm that You are allowed to provide the authorizations mentioned above. FanFootball may offer various promotional competitions and soccer news. Being a member of FanFootball gives You access to this selection of mobile content.
The Service may also, from time to time, offer You the opportunity to purchase exclusive content. This content access is strictly pre-paid and is pre-charged directly to your credit card at R1.00 (One Rand) per day. If a user wishes to purchase exclusive content he/she will be allocated/rewarded with free tournament credit. Access to a Tournament Room, which allows You to compete directly against other users of the Service for sponsored prizes. Tournament Room rules will be published on the Website and updated and/or amended from time to time, so it is Your responsibility to familiarise Yourself with the Tournament Room rules and to check them regularly. Tournament Room access is strictly related to the purchases of the services website and is pre-paid and is pre-charged directly to your credit card at R1.00 (One Rand) per day. No refunds will be made on pre-paid Tournament Room access unless due to the gross negligence of Us. Access to a Tournament Room will, in addition to allowing users to compete against each other, afford You access to exclusive content which is otherwise unavailable. Promotional prizes may also be awarded from time to time, which prizes may be in the form of airtime, and/or virtual vouchers. Unless otherwise stated in the Tournament Room Rules, promotional prizes shall be available for redemption within 21 (Twenty-One) days of being awarded. The Tournament Room rules constitute a material part of this Agreement and binding upon the User. Access to a Tournament Room does not automatically form part of the FanFootball content and is an additional charge over and above the R3.00 (Three Rand) per day subscription cost of the FanFootball service.
By entering into this Agreement, You expressly consent to receive future marketing communications from Us and Our partners. You can opt-out of receiving these communications at any time by following the opt-out instructions below or in each message sent to You.
You are free to cancel Your subscription at any time by following the instructions below: Clicking unsubscribe on the FanFootball Website.
The Service is operated by Smartcall Technology Solutions (Pty) Ltd , which is a limited liability company registered in the Republic of South Africa under Company Registration Number: 2000/006777/07.
2. Effect of This Agreement
2.1 By consenting to the terms and conditions contained in this Agreement and/or by continuing to use the Service, You are bound by the entirety of this Agreement and as such, terms may be amended by Us from time to time without prior notice to You. In the case of any inconsistency between any specific rules of the Service and this Agreement, this Agreement shall prevail.
2.2 We reserve the right to make any amendments to this Agreement, as We deem necessary, in Our sole discretion. By continuing to use the Service You are accepting any changes to this Agreement.
3. Your Representations
3.1 By seeking to register with Us or by using the Service, You hereby represent and warrant to Us that at all such times You:
a) are located in South Africa;
b) are of sound mind and capable of taking responsibility for Your own actions;
c) understand that You may be charged for using the Service and that You accept full responsibility for any such charges that may apply;
d) are acting as principal and not on behalf of anyone else;
e) You are the authorized owner of the mobile device which You used to register for the Service during the registration process and/or any subsequent mobile device/s registered on the Service.
3.2 You agree to abide in full by this Agreement.
3.3 You hereby warrant to Us that:
a) all information provided in Your registration for the Service and all personal information (as defined in the Protection of Personal Information Act, 4 of 2013, or otherwise) provided to Us is complete, accurate and not misleading;
b) You will only use the Service strictly for legitimate purposes only; and
c) You will not attempt to hack, make unauthorized alterations to or introduce any kind of malicious code to the Website, the Service or the Company, by any means whatsoever. Criminal charges and civil legal proceedings may be brought against You if You try to manipulate the Service, Website or any of the Content, and We reserve the right to pass on such information as We deem necessary to the relevant authorities if We become aware or suspect that You are involved in any such activities. You agree to any such disclosure and hold Us harmless in respect thereof.
We may change, at Our sole discretion, in whole or in part, the format of the Website, the Service or the Content that We offer in order to enhance, correct or support such Website, Services or Content, or for any other reason. We cannot be held liable for any technical errors in or to, the Website, the Service and/or the Content.
5.1 Before You are able to access any of the Content or use the Service, You will be required to register with Us by completing the registration process on the Website.
5.2 Following registration and pursuant to having been successfully billed by Us via Your mobile network operator on the mobile device that you registered with, alternatively where applicable, where your credit card has been successfully charged, You will be provided with access to the Service,. Transactions made using your mobile number are accepted by Us strictly on the understanding that You are using the Service. You agree to be solely responsible for use of the Service through use of Your mobile device at all times. If an alternative person has accessed your mobile device, We accept no liability whatsoever, including but not limited to, any charges, information lost, stolen or misused. If You believe that Your mobile device is in any way being misused by a third party, please inform Us immediately so that We may suspend the Service.
5.3 We reserve the right to verify Your identity at any time (including by using third parties, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided by You to Us in your registration or at any time thereafter. If upon Our request, You fail to provide evidence of proof of age or other requested information, this will result in the suspension of Your registration and/or use of the Service.
5.4 Upon completion of the registration We will confirm by SMS to the mobile number which You provided that Your registration is now complete.
5.5 We reserve the right to monitor the use of the Service and we may elect, in our sole discretion and without providing reasons therefor, to suspend and/or terminate your registration and/or use of the Service, if We consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that We deem necessary.
5.6 You agree to return in the same condition or forthwith settle to Us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to You under the Service, in circumstances where we subsequently discover that You have breached this Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).
5.7 We reserve the right to record all telephone calls made to Us and to monitor all information relating to the Service for which purposes You consent including forwarding on such calls to our authorized third parties.
6.1. You may experience problems or be unable to access certain Content successfully depending on the mobile device used to access certain Content. If You have an issue that limits Your access to some or all of the Content and would like to raise a query or ask for technical assistance, please email Our customer support team at info@FanFootball.app You acknowledge that We are not responsible for any costs or losses incurred by You, damage to Your mobile device or loss of data resulting from any such incompatibility.
6.2 We make no representation as to the compatibility of Your mobile device with the Service and You acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of Your mobile device with the Service and/or the Content.
7. Security Policy
We will not sell Your personal information to third parties. We may however pass on your details to relevant authorities or regulators if we wish to investigate, inter alia, any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service, or if we are required by law to do so.
8.1 We may offer from time to time Content which is free to access but which will require full registration.
8.2 The rules of access to free Content will be displayed on the Website.
8.3 All players that end on the same amount of points in the same pool of a specific fantasy game, the promotional prize value will be divided equally amongst all the winners.
8.4 Spot prizes of airtime will be given away at the promotor’s discretion. Prize winners will be notified via SMS on the mobile device used to register for the Service.
8.5 Prizes are not transferable, and where such prizes are not in the form of a cash prize, same may not be exchanged for cash.
9. Complaints and Disputes
9.1 Should You wish to make a complaint to Us in respect of the Service or any other matter, please contact Us by emailing info@FanFootball.mobi. We will endeavour to assist You as soon as reasonably possible.
9.2 The Company is a member of WASPA and is bound by the WASPA Code of Conduct. You have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
10. Our Liability
10.1 The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, employees, agents and sub-contractors) to You in respect of, inter alia,:
a) any breach of this Agreement,; and
b) any representation, statement and/or delictual act or omission including negligence arising under or in connection with the Service.
10.2 Nothing in these terms and conditions excludes or limits our liability:
a) for death or personal injury caused by the Company’s gross negligence; or
b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or
c) for fraud or fraudulent misrepresentation.
10.3 We are not liable for any loss or damage that You may suffer because of any act of Force Majeur including, inter alia, any act of God, pandemic, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of Our control. In such an event, We reserve the right to cancel or suspend the Services in whole or part without incurring any liability.
10.4 All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and we shall, to the fullest extent permitted by law, have no liability to you in respect of same. You agree to indemnify Us and hold Us harmless in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of contract or its gross negligence) which We may suffer arising out of or in connection with Your use of the Service or otherwise arising out of or in connection with Our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.
10.5 Subject to Clause 10.2,
a) Our liability to You, including for negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (twelve) months;
b) We shall not be liable to You for any indirect or consequential loss or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not We have been made aware of it;
c) We shall not be held liable or responsible for any consequences that occur through Your use of the Service where the circumstances that caused such consequences were beyond Our reasonable control, including any loss or damage that has arisen through the Website, the Content or the Service or its content, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in content.
10.6 We accept no responsibility and shall not be liable to You for the content of or use by You of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Website (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can We be said to endorse the contents of such advertisements or information. In particular, We shall have no liability in respect of material hyperlinked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by Us on the Website of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.
10.7 We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Website and/or Service (save to the extent expressly provided on the Website or Service) and We reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.
10.8 We are not liable for any failure to perform by a third party to this Agreement.
11. INTELLECTUAL PROPERTY
11.1 The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (collectively the 'Materials', which expression includes, inter alia, text, data, graphics, photographs, videos, animation, images and audio-visual content, are owned by, or licensed to, Us or are the ownership of third party websites). The IPR are protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against You or any such person who makes unauthorized copies or distribution of Materials and/or IPR.
11.2 Any downloading, use or copying of the Materials is strictly prohibited and, in particular, You agree to use the Materials solely for Your own personal, non-commercial use and specifically not for any business, commercial or public purposes or for any purposes which may be otherwise unlawful.
11.3 The following activities are prohibited without Our express prior written permission:
a) the deployment within the Website of any spider, robot, web crawler or other automated query program; and
b) the re-use and/or aggregation of any of the Materials in the provision of a commercial service.
11.5 Our names and associated logos are our exclusive trademarks and cannot be used by You without Our prior written permission.
12. SUBMISSION OF INFORMATION
13.1 This Agreement constitutes to the fullest extent permitted by law the whole of the Agreement between You and Us with regard to the use of the Website, Content and the Service.
13.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
13.3 No failure or delay by Us to exercise any of Our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by Us.
14. GOVERNING LAW AND DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Website and the Service, and that the laws of the Republic of South Africa shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where We believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing or using the Website, the Service, its Contents whether in whole or part.
Customer Service If You have any questions concerning this Agreement please contact: Customer Services: Smartcall Technology solutions (PTY) Ltd, Email: info@FanFootball.mobi