Terms and Conditions

Terms and Conditions applicable to this web/wap site
By accessing any pages on this web/wap site the user (also referred to as 'you' and/or 'your') agrees to the following terms and conditions.
You may only use/access this web/ wap site if you are 16 years or older. If you are under 16 years then you require the consent of your guardian. By continuing to use/access this site you warrant that you are 16 years or older or that you have your guardians permission.

1. DISCLAIMER
1.1 Whilst every effort has been made by The GRID (hereinafter referred to as 'we', 'our' and/or 'us') to ensure the proper performance of this web/wapsite, we do not guarantee the availability of services, content and information offered on this web/wapsite ('the Services') or the accuracy of the Services.
1.2 We make no representations or warranties, whether express or implied, and we assume no liability or responsibility for the proper performance of this web/wapsite and/or the Services and the Services and/or this web/wap site are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
1.3 We will not entertain requests for exchanges, returns and/or refunds.
:1.4 This site may contain hyper-links to third party sites. We are not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.

2. INDEMNIFICATION
You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the provision by you of User generated content (as defined below) and/or the failure or delay in the performance of the Services offered on this web/wapsite, or the use of the Services, information and/or images available on this web/wap site, whether due to our negligence or not.

3. USE OF SERVICES
3.1 You may only use the Services for lawful purposes and you warrant that you shall not:
3.1.1 use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
3.1.2 use the Services for the transmission of 'junkmail', 'spam', 'chain letters', or unsolicited mass distribution of e-mail;
3.1.3 store on your computer or print copies of extracts from this web/wapsite, other than for your personal and non-commercial use;
3.1.4 'mirror' or cache information provided via this web/wapsite on your own server, other than for your personal and non-commercial use;
3.1.5 copy, adapt, modify or re-use the text or graphics from this web/wapsite other than for your personal and non-commercial use;
3.1.6 collect or harvest any personally identifiable information, including account names, from the Web/wapsite.
3.2 In order to access some features of the Service you will have to create an account. You may not use any other person?s account without their permission. You must provide accurate and complete information when creating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You warrant that no other person shall use the Services utilising your password, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Services is obtained using your password and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others losses due to such unauthorized use.

4. PRIVACY STATEMENT
We are committed to respecting the privacy of your personal data. To demonstrate our commitment, we created this Security and Privacy Statement in order to communicate our intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
4.1 Vodacom and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, Vodacom has created this Privacy Policy in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
4.2 What type of information is Vodacom collecting, and what do we use it for? For the purpose of business communications, administration and transacting, improving the Services, creating products or services that may meet your future requirements and/or delivering targeted advertising to you within Vodacom's various current and future web and wap portals, we may collect and use personal information, which may include (but not be limited to):
Your name, address, telephone number, e-mail and/or account details, location, home language, gender, date of birth, age, handset type, ARPU, whether you are a post or pre-paid customer and type of services you typically access. Vodacom will not collect, store, process, transmit or otherwise handle private information for any other purpose.
4.3 Will Vodacom disclose any of my personal information
Vodacom does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws. Vodacom will not sell your personal information to third parties unless you give us your specific permission to do so.
4.4 What about the security of my personal data?
Vodacom have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that Vodacom cannot be responsible for the privacy policies and practices of other web sites you may access using links from this website. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching our web site. Vodacom therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
4.5 The use of Cookies
We may store some information (commonly known as a "cookie") on your computer when you visit our web site. This enables Vodacom to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Vodacom may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.
4.6 Amendments to this Privacy Statement
Vodacom reserves the right to amend or modify this Privacy Statement at any time.
4.7 Whilst your name and e-mail address which is supplied to us when registering for the Services will not automatically be made available to the recipient of your SMS, we nevertheless are able to trace the source of an SMS, and such information will be made available to the authorities if required by law.
4.8 Monitoring or recording of your calls, e-mails or SMS's may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify you.

5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that we own the intellectual property rights in and to this website, and all Services contained herein (except for User generated content as defined below) and that the unauthorised use thereof is expressly prohibited. The word or mark 'The GRID' however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are our trademarks.

6. USER GENERATED CONTENT
6.1 We may publish, host and/or share the videos or other communications submitted by you (?User generated content') on this web/wap site.
6.2 You hereby grant us and each user of this web/wap site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display the User generated content as envisaged in this Web/wap site.
6.3 You will not: (i) publish falsehoods or misrepresentations that could damage The GRID or any third party; (ii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
6.4 You shall be solely responsible for your own User generated content and the consequences of publishing it on this web/wap site.
6.5 You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use the User generated content in the manner contemplated by this Web/wap site.
6.6 If you are breach of these terms and conditions we reserve the right to remove your User generated content without prior notice and terminate your access to this Web/wapsite. We also reserve the right to decide whether User generated content is appropriate and complies with these terms and conditions.
6.7 We do not endorse any User generated content or any opinion, recommendation or advice expressed therein.
6.8 We do not permit copyright infringing activities and infringement of intellectual property rights on this Web/wap site, and we will remove all User generated content if properly notified that such Content or User Submission infringes on another's intellectual property rights.

7 TERMINATION AND VARIATION
We reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

8 GENERAL
8.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
8.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
8.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
8.4 These terms and conditions, as varied by us from time to time, above constitute the sole agreement between you and us.