Terms & Conditions

1. The content service which shall mean any text, video, audio or any interactive service (“the Content Service”) is licensed to you as a user (“you”) subject to the terms and conditions contained herein.
2. By accessing, downloading or subscribing to receive the Content Service, and/or making use of the Content Service you agree to be bound by the terms and conditions contained herein. The provision of the Content Service and any subscription thereto is governed by the applicable legislation.
3. Use of the Content Service is also governed by Telkom’s Standard Terms and Conditions, which is incorporated herein by reference. Please refer to Telkom’s Standard Terms and Conditions here.
4. Please read these Terms and Conditions carefully before using the Content Service. By using the Content Service or submitting information through the Service, you are agreeing to these Terms and Conditions. 

Costs and Billing

5. A daily or weekly subscription fee of R3 or R5 is chargeable for the content services, depending on the specific content service and network fees may apply, as described in the description of each content service. 
6. If the full subscription fee cannot be collected, then partial billing will apply. In cases where partial billing is applied, your subscription will be renewed through the collection of an amount less than the original subscription fee for a given day. For example, if a renewal transaction for R3.00 is unsuccessful due to insufficient airtime, a partial collection of 25% may be attempted, i.e. R0.75.
7. All amounts stated in these terms and conditions or on the content services are inclusive of VAT.
8. Telkom and Hyve Mobile reserve the right to change the subscription fees from time to time.
9. Prior to being granted access to the Content Service, you will be required to confirm your acceptance of the associated fees by completing the opt-in process. No billing will take place against your account and you will not receive any Content Service until this opt-in process is completed.
10. Unless otherwise stated, all fees exclude data, SMS, MMS and associated delivery and access charges. Standard data, SMS and MMS charges apply.

How to Unsubscribe

11. You may cancel your subscription for the Content Services at any time by dialling *179# from your Telkom phone and following the prompts. Alternatively contact Telkom Customer Support on 180.

Customer Support

12. For customer support dial 180 from your Telkom phone. Complaints and billing related queries can also be reported to customer support.

Licence and Terms of Use

13. The Content Service made available to you is licensed to Telkom, by Hyve Mobile and/ or the owner of the content.
14. Any and all copyright and other intellectual property rights associated with the Content Services remains the property of Hyve Mobile and/ or  the content owner.
15. The Content Service is provided to you for personal use only. You are expressly prohibited from forwarding, duplicating, replicating, reverse-engineering or otherwise manipulating the Content Services for use in any way.
16. If your SIM Card and/or devices are lost or stolen then you must immediately inform Telkom so that we can protect your interests and blacklist your devices from further use and/or block the use of your SIM Card. You will remain liable for all charges incurred for the Content Service until you have asked Telkom to block further use of your SIM Card and/or devices. You will not be liable for any charges incurred in respect of the Content Service/s by any unauthorised person after you have requested us to block your SIM Card and/or devices.

General

17. Telkom 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. Telkom will notify you before Telkom amends or otherwise changes the terms and conditions.
18. Each time you access the Content Service or respond to a promotional message distributing the Content you agree to be bound by the terms and conditions, as may be modified from time to time.
19. Telkom and Hyve Mobile reserves the right to immediately suspend the Content Service should any fraudulent activity be suspected, and if the outcome of an investigation proves that fraudulent activity did occur, Telkom shall be entitled to terminate the Content Service immediately.
20. Telkom and Hyve Mobile and any of their 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 your use of the Content Services. To the extent allowed by law, the Content Services are  provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied. Whilst every effort has been made by Telkom, Hyve Mobile and its service providers, to ensure the proper performance of the Content Services, the accuracy of the information/images and the reliability of the binary data on the Content Services, Telkom, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the Content Services  and/or information offered therein. We do not warrant that you will be able to access or use the Content Services at the times or locations of your choosing; that the Content Services will be uninterrupted or error-free; or that defects will be corrected. We therefore make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the Content Service and the  Content Service is used at your own risk. 
21. Telkom reserves the right to discontinue Content Service available and/or change the Content Service on offer to you. The affected Content Service subscribers will be notified of any sequence changes.
22. Any words, views or opinions expressed anywhere in the Content Services does not in any way reflect the views and opinions of Telkom.
23. By agreeing to be bound by these terms and conditions of use, you give Telkom the necessary consent to send you targeted direct marketing messages based on historical subscription data. You are entitled to opt out of these direct marketing messages with the applicable “stop” command provided to you in such messages.
24. This service is provided by Telkom Limited in partnership with Hyve Mobile (Pty) Ltd. 
25. We do not warrant that the Service will be compatible with your mobile device.
26. Network fees may apply when accessing the Content Services. Content Services may only be used with the permission of the bill-payer, or parent/guardian for children services. 
27. Telkom Limited and Hyve Mobile are members of WASPA and are bound by the WASPA Code of Conduct. Customers have a right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Telkom Limited may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
28. The use of the Content Service may not be used:
    (i) to intentionally engage in illegal conduct,
    (ii) to knowingly create, store or disseminate any illegal content,
    (iii) to knowingly infringe copyright,
    (iv) to knowingly infringe any intellectual property rights, or
    (v) to send spam or promote the sending of spam.
29. Telkom has the right to suspend or terminate the Content Service of any user who does not comply with these terms and conditions or any other related contractual obligations and has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.

Privacy and Data Protection

30. We can get your personal information when you use the Content Service. In the case of the use of the Content Service your personal information is collected for the purpose of being used and processed in:

• personalising the Content Service to your respective preferences;
• for the serving of appropriate, tailored advertising to you via the Content Service;
• for the purpose of tracking the Content Service's performance;
• troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time;
• for use in devising additional enhancements or improvements to the Content Service; and
• statistical tracking, redundancy and audit purposes.

31. We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. We may also collect information about you from other companies, our business, or joint venture partners. 
32. We might also use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your movements on our website). These collect information that tells us how you use our websites, web-related products and or services. 
33. We will store your information for as long as we have to by law. If there is no legal requirement, we will only store it for as long as we need it. 
34. We may share information about you with: 

• Departments within Telkom;
• Partners or agents involved in delivering the Content Services;
• Companies who are engaged to perform the Content Services for, on behalf of Telkom Limited;
• Where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
• Where applicable, debt collection agencies or other debt recovery organisations;
• Law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law; or
• Emergency services (if you make an emergency call), including your approximate location;

35. We will release information if it's reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.
36. If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
37. Telkom cannot accept responsibility for any unauthorised access or loss of personal information that's beyond our control.