Terms and Conditions

Terms and Conditions of Use

1. Important terms for the Use of Subscription Services

1.1.     By accessing any page on the website or making use of any content service, you agree fully to the following terms and conditions:

1.2.     In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these terms and conditions are binding and enforceable against all persons that access this website or any part thereof or make use of any services offered by us.

1.3.     If you (“the customer” or “you”) do not agree with these terms and conditions you must leave this website and discontinue your use of the content service without delay, as further use will mean that you have accepted these terms and conditions.

1.4.     The services are provided to you, the customer, by Hyve Mobile (Pty) Ltd (“Hyve Mobile” or “we” or “us”), a private company registered in the Republic of South Africa.

1.5.     Hyve Mobile is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Hyve Mobile 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

1.6.     You can contact Hyve Mobile’s customer care team by telephone on 0800 060 105 between 8am and 5pm, Monday to Friday or contact us by email at support@hyvemobile.co.za

1.7.     You can unsubscribe from our services at any time using any one of the options below, depending on your mobile network provider:

1.7.1.  Cell C: Dial *133*1# and follow the prompts.

1.7.2.  MTN: Dial *155# and follow the prompts

1.7.3.  Vodacom: Send an SMS containing the words “STOP ALL” to the shortcode 30333

1.7.4.  Telkom Mobile: Dial *180*5# and follow the prompts.

1.7.5.  When you subscribe to any of our services, you will receive a confirmation message which will also include additional options for you to unsubscribe from the service. These instructions will contain either an SMS shortcode to which you can send a ‘STOP’ command in order to cancel the subscription or will contain a web link which you can click on to manage your subscriptions online. These instructions will be provided to you upon activation of any of our services and will be sent to you once every 30 days as a reminder while your subscription remains active.

1.8.     Our services are designed to work with most widely used mobile devices today, but some services may have specific device requirements in order for you to access all the functionality provided. Any specific devices requirements will be communicated to you prior to your acceptance of the service subscription. Please make sure you understand these requirements before subscribing to any service.

1.9.     Standard network rates for calls, SMS, USSD and data apply when accessing any of our services. For more information on these rates, contact your network provider for the charges applicable to your tariff plan.

1.10.   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.

1.11.   All amounts stated in these terms and conditions or on the content services are inclusive of VAT.

1.12.   We reserve the right to change the subscription fee amounts from time to time.

1.13.   Errors will be billed for.

1.14.   You agree and confirm that you are over the age of 18 years and are authorised to access, make purchases or payments, and/or make changes to any account, personal information and associated profile settings on any of the content services available to you.

1.15.   In the event that you are not the account holder and/or are not authorised to make use of the relevant content services, you declare that you have obtained the necessary consent for access to and/or to make changes to the relevant accounts, personal information, profile settings, as well as make purchases and payments.

1.16.   It may be required of you to update your personal details to continue using certain functions of the content services. You agree and confirm that you are the authorised person to use the details that you are registering/logging-on with and the information provided to us is accurate and your own personal details.

1.17.   If the personal information provided to us is not your information or is incorrect, we will not be held liable in any way.

1.18.   If we establish that the intention of using incorrect and/or false personal information is to conduct fraud or malicious activities on this portal, you will be criminally prosecuted as per current legislation.

1.19.   You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the content services for lawful and legal purposes.

1.20.   You may not use the service to:

1.20.1.            intentionally engage in illegal conduct;

1.20.2.            knowingly create, store or disseminate any illegal content;

1.20.3.            knowingly infringe copyright or any intellectual property rights or

1.20.4.            to send spam or promote the sending of spam or any kind of unsolicited communication.

1.21.   Hyve Mobile reserves the right to suspend or terminate the services of any customer who does not comply with these terms or any other related contractual obligations or with the WASPA Code of Conduct.

1.22.   Hyve Mobile reserves the right to take down any content hosted as part of the service that it considers illegal or for which it has received a valid take-down notice from any authority.

2.         Effect of this Agreement

2.1.     By consenting to 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. In the case of any inconsistency between any specific rules 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.     In accepting this agreement you hereby represent and warrant to us that you:

3.1.1.  are located in South Africa;

3.1.2.  are aged 18 years or over or have the consent of your parent or guardian to use the service if you are a minor;

3.1.3.  are of sound mind and capable of taking responsibility for your own actions;

3.1.4.  can enter into a legally binding agreement and you are the person who has registered with us;

3.1.5.  understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply and

3.1.6.  are the authorized owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.

4.         Registration and Use of the Services

4.1.     Some of our services may require you to complete a registration process on the Website in order to make full use of the service.

4.2.     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. If upon our request you fail to provide the requested information, this will result in the suspension of your registration and/or the Service.

4.3.     We reserve the right to monitor the use of the Service and we may elect, in our sole discretion to suspend and/or terminate the registration 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.

4.4.     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.

5.         Communications and Privacy

5.1.     By entering into this Agreement, you consent to receive future marketing communications from us. 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

5.2.     We shall take all reasonable steps to protect your personal information and respect your right to privacy.

5.3.     For more information on how we handle your personal information, please refer to our privacy policy on our website at https://hyvemobile.com/

6.         Our Liability

6.1.     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, or suppliers (including Hyve Mobile), and their respective employees, agents and sub-contractors) to you in respect of: a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or its employees, agents or subcontractors; and b) any representation, statement and/or tortuous act or omission including negligence arising under or in connection with the Service.

6.2.     Nothing in these terms and conditions excludes or limits our liability: a) for death or personal injury caused by the Company’s 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.

6.3.     We are not liable for any loss or damage that you may suffer because of any act of God, 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.

6.4.     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 the same. You agree to indemnify us 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 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.

6.5.     Subject to Clause 6.2, a) our liability to you in contract, delict (including 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 direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity and loss of contract) 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

6.6.     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 hyper-linked 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.

6.7.     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.

6.8.     We are not liable for any failure to perform by a third party to this Agreement.

7.         Intellectual Property

7.1.     The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (the “Materials”, which expression includes 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.

7.2.     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.

7.3.     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.

7.4.     The copying and use of third party Materials accessed via the Website is governed by the terms of use applicable to the third party website accessed by you.

7.5.     Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.

8.         General

8.1.     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.

8.2.     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.

8.3.     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.

9.         Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of South Africa. You irrevocably agree that the courts 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 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.

Last Updated: 7 May 2021