SWITCHONFINANCE TERMS AND CONDITIONS

1    These terms and conditions govern the relationship between You (“You” or “Your”) and Vodacom Proprietary Limited and its affiliates (hereinafter “Vodacom” or “Us” or “We”) and Upstream Systems South Africa (Pty) Limited regarding Your use of SwitchONFinance (the “Service”) (“Terms and Conditions”). Use of the Service is also governed by the Privacy Policy which is incorporated herein by reference.

IMPORTANT PROVISION: ACCEPTANCE OF THESE TERMS AND CONDITIONS

2    PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE OR SUBMITTING INFORMATION THROUGH THE SERVICE. BY USING THE SERVICE OR SUBMITTING INFORMATION THROUGH THE SERVICE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SERVICE OR SUBMIT ANY INFORMATION THROUGH THE SERVICE. WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY AND UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME BY POSTING SUCH UPDATED TERMS AND CONDITIONS ON THE VODACOM WEBSITE. ANY SUCH UPDATES SHALL APPLY TO YOU AND YOUR USE OF THE SERVICE AND BY CONTINUING TO USE THE SERVICE, YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES.

3.1 In order to subscribe the Service, You must:

3.1.1 send one of the communicated keywords (‘OK’, ‘Yes’) to the dedicated SMS long code for the SwitchONFinance Service (0820091361);
3.1.2 dial USSD: *144*1# and follow the USSD prompt, free of charge;
3.1.3 via the in-portal subscription - https://switchonfinance.co.za/;
3.1.4 via Sim push, where you can reply OK to subscribe; or
3.1.5 via web pages displaying SwitchONFinance.

3.2 Upon confirming your subscription to the SwitchONFinance Service, you will receive a confirmation/welcome SMS from the dedicated SMS long code (0820091361), along with instructions to access the web portal, pricing information and indications on how to cancel the subscription.

3.3 You are entitled to unsubscribe from the Service at any time and for any reason by following the “cancel” prompts available within the Service menu, or by:

3.3.1 using Vodacom self-service channels;
3.3.2 calling Vodacom Customer Care: 082 135;
3.3.3 dialling USSD: *135*997#; or
3.3.4 visiting WEB: https://switchonfinance.co.za/ and selecting unsubscribe under the profile section.

3.4 When cancelling/ unsubscribing from the Service, You accept that Your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 (five) years (only if necessary), in order to facilitate a convenient experience should You choose to re-subscribe at a later stage within the 6 (six) month period.

4 SERVICE DESCRIPTION

4.1 SwitchONFinance is a financial informative content platform that is available exclusively to Vodacom’s subscribers (the “Users”). The portal hosted on: https://switchonfinance.co.za/ offers Users the ability to access news, articles, information, how-to guides, podcasts, videos, calculators, etc., via a mobi web-based portal (the “Content”). The Content is provided by our third party service providers for the purpose of using such Content for the Service. The Content is specifically compiled by our service providers for purposes of providing financial information and related matters. Neither Vodacom nor its service provider(s), from whom Vodacom obtained the Content, have performed any independent analysis or investigation to determine the correctness or accuracy of the data.

4.2 By making the Content available on SwitchONFinance, neither Vodacom nor its service provider(s) are endorsing or advocating the use of any information in the Content, nor are we responsible for misuse of information due to, or other consequence of, any typographical error or other inaccuracy in the Content.

4.3 It is strongly recommended that you independently verify any interpretation of the Content. The Content is provided on an "as is" basis. Neither Vodacom nor its service provider(s) make any representations, conditions, warranties or guarantees, whether express or implied, that the Content is accurate, correct, complete, up-to-date or fit for any particular purposes. Any statements made to the contrary are void.

4.4 Your reliance on the Content is solely at your own risk. Neither Vodacom nor its service provider(s) assume any liability or responsibility for damage or injury to you, other persons, or property arising from any use of the Content.

5 GENERAL:

5.1 As a user of the Service, You will subscribe on a once off basis making You a paying user and doing so accordingly binds You to these Terms and Conditions. As a subscribed user, You will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of Your personal information in accordance with applicable law and the Privacy Policy incorporated by reference into and form a binding part of these Terms and Conditions.

5.2 By subscribing to the Service, You agree to the following additional rules upon successful initial registration for the Service:

5.2.1 You will be eligible to access all the content on the Service free of charge for 1 (one) day (the “Free Trial Day”). For the avoidance of doubt, You will not be eligible for another Free Trial Day if You cancel Your subscription and then re-register at a later stage.

After the Free Trial Day, You will be charged a subscription fee of ZAR 5 (five Rand) per day (incl. VAT) (the “Fee”) for the relevant period that You remain subscribed for the Service.

5.3 If You are a pre-paid or top-up user:

5.3.1 the Fee will be deducted from Your available airtime balance depending on the subscription that you have chosen. You acknowledge that You must have enough airtime available to pay the Fee to continue to use the Service;

5.3.2 if You fail to satisfy Your Fee obligation for 90 (ninety) consecutive days after the last successful Fee was collected, Vodacom may at its sole discretion suspend or terminate Your subscription to the Service;

5.3.3 the Fee for each day of the month that You were subscribed to the Service for will be set out in Your monthly statement for payment. If You do not pay Your monthly Fee set out in Your monthly statement, Your subscription may be suspended;

5.3.4 before the expiry of the Free Trial Day, You may cancel Your subscription to the Service to avoid being charged the Fee.

5.3.5 only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they can do so) users within the Republic of South Africa may subscribe.

5.4 If You are a contract user, the Fee will be set out in Your monthly statement. If You do not pay Your monthly Fee, Your subscription may be suspended by Vodacom in its discretion.

6 MICRO- BILLING

6.1 If Vodacom are unable to bill the full value of the subscription You have chosen for the Service, we may implement micro-billing. Micro billing occurs when You have subscribed to Service and You do not have sufficient funds in Your account (i.e., Your airtime balance) to pay for the subscription that You have chosen. Micro-billing will allow Vodacom to charge a discounted subscription or any reduced amount as we may determine from time to time dependent on the available balance until we can charge You the full amount. If we are successful in billing an amount, in part of in full for the end of the applicable period (depending on the subscription chosen), that billing record will stand as the completed billing for that particular period. Billing for the next period will revert back to attempting to bill the full stated price. Billing does not occur in arrears. Micro-billing shall be implemented in Vodacom’s sole and absolute discretion. You must have enough airtime available for payment of the subscription You have chosen for the Service to keep Your subscription in an active state. You acknowledge that in the event we are unable to bill any valid value for Your subscription of the Service that You have chosen, we will continue to attempt to bill and enable the subscription for a maximum period of 90 (ninety) consecutive days after the last successful bill collected. Should we be unable to collect any funds for a period of 90 (ninety) consecutive days, You will be automatically unsubscribed from the Service.

6.2 You give us consent to provide You with various messages about / based on Your interaction with the Service. These messages will be delivered to You in the form of text messages sent to Your mobile device using the mobile number identifying You as a user of the Service.

6.3 These messages include, but are not limited to:

6.3.1 periodic messages to encourage, or remind You to browse or access the Service;
6.3.2 messages inviting You to share, voluntarily, data about Yourself or Your preferences;
6.3.3 messages inviting You to try alternate versions of the Service based on Vodacom’s knowledge of the device You are using to access the Service;
6.3.4 confirmation messages relating to Your subscribing for, or cancellation of, the Service;
6.3.5 messages inviting You to rate the Service’s quality and Your opinion of Your experience of the Service as measured by the metric scale provided;
6.3.6 messages with Service content, including, but not limited to, confirmation of weekly results/ draws/ picks, and;
6.3.7 messages relating to the earning, notification, and servicing of rewards.

6.4 You may opt out of the messages above except for the system messages which are mandatory in order for us to correctly administrate Your use of the Service. To opt out of the messages, You are advised to send a COMOFF keyword to the dedicated SMS long code for the SwitchONFinance Service (0820091361). Sending the COMON keyword turns these messages on again;

6.5 You will not be charged for interactions that You will have with the Service via SMS. Data charges may apply for accessing the Service on website.

6.6 You accept that the Service’s default language is English.

6.7 By subscribing, You agree that You will be opted into receiving the messages mentioned above, which You may cancel at any time via the Service menu.

6.8 You acknowledge that Your subscription information will be retained for use to allow You access to future iterations and new features of the Service, and that You will be engaged to continue using the Service as applicable for other functionality intended to be covered by the Service.

6.9 You acknowledge that any subscriptions in error will be billed. For Your protection, we ask You to confirm all purchases twice.

7 REWARDS & PRIZES (WHERE APPLICABLE)

7.1 If applicable and to be eligible for rewards from the Service, You acknowledge that You need to have an active subscription for the Service.

7.2 You acknowledge, understand, and agree that for Your subscription to the Service does not guarantee any prizes or rewards from the Service. We shall not have any liability for such loss or damage while using the Service.

7.3 Where applicable, prizes may not be substituted or transferred. All taxes associated with the receipt or use of any prize is the sole responsibility of the winner. If any legal authority contests the awarding of a prize, we may, in our sole discretion, determine whether or not to award such a prize.

7.4 Rewards can only be earned if You are a Vodacom customer. Any non-Vodacom customers will be unable to earn rewards due to their being active on a different network.

7.5 Only the qualifying Vodacom mobile number that is subscribed to the Service, can earn rewards.

7.6 In the event that You terminate Your Vodacom contract, You accept that You forfeit the use of any unused rewards by that point as well as the earning of future rewards from that point.

8 GAME RULES OR SUBSCRIPTION RULES

8.1 SwitchONFinance is a financial informative content platform that is available exclusively to Vodacom’s subscribers (the “Users”). The portal hosted on: https://switchonfinance.co.za/ offers Users the ability to access news, articles, information, how-to guides, calculators, etc., via a Mobi web-based portal. The information provided by SwitchONFinance was specifically compiled for purposes of providing financial information and related matters.

8.2 The Service is based on daily subscription charges offering “24 hours access eligibility”. The Service is accessible via SMS text sent and a mobile friendly web portal.

8.3 The subscription process (and terms and conditions) required for the Service shall at all times be applicable and shall constitute an agreement between You and the Partner Vodacom shall not be liable for any unavailability, faults glitches, bugs, or technical issues with the Partner’s application and/or URL. Furthermore, Vodacom shall not be held liable for any damages or loss howsoever arising that You may suffer due to use of the Partner’s application and/or URL.

8.4 When making use of the Service, certain applications and/or URL may contain third party advertisements, content, materials, and/or links to third party services and / or websites that are not owned or controlled by Vodacom. Vodacom assumes no responsibility for, the content, privacy policies or practices of any third-party websites or applications. In addition, Vodacom does not and cannot censor or edit the content of any third-party website. When You visit third party websites, Vodacom encourages You to read the terms and conditions and privacy policies of the other websites. By using the Service, You expressly release Vodacom from all liability arising from Your use of any third-party website or because of any third-party services.

8.5 You cannot use the Services when You are roaming. Whilst roaming the use of an application and/or URL forming part of the Service, will be charged at Your existing tariff plan.

8.6 If You perform a price plan migration, whilst using You have an existing active Service, such Service shall be carried over to the new price plan.

8.7 If You perform a price plan upgrade, You will be able to add the Service to Your upgraded price plan.

8.8 Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason provided the on-going subscription for the Service will not be affected

9 YOUR OBLIGATIONS AND ENTITLEMENTS

9.1 Vodacom and/or its appointed Partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to act as a result, which may include, if relevant, suspending the Service, terminating Your registration, and prohibiting You from using the Service. Said suspension, termination and prohibition may occur with or without notice to You, and as a result may involve the loss of any benefits, privileges or earned items associated with Your use of the Service, and we are under no obligation to compensate You for any such losses or results.

10 LIMITATION OF LIABILITY

10.1 You agree that Your use of the Service shall be at Your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and Your use thereof. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or services linked to these services and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from Your access to and use of the Service; (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.

10.2 To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Service or its content, or any product or service described or provided through the Service.

10.3 Save to the extent permitted by law, You agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by You; (ii) Your breach of these Terms and Conditions, including any breach of Your representations and warranties herein; and (iii) Your violation of any law or (iv) Your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.

SWITCHONFINANCE DAILY SPIN THE WHEEL COMPETITION

1    Introduction:

1.1 Vodacom (Pty) Ltd (“Vodacom”) and Upstream Systems South Africa (Pty) Limited (“Partner”) are running a Competition where customers stand a chance of winning their share of R100 000.00 (One hundred thousand Rand) a month in daily instant airtime vouchers by subscribing to the SwitchONFinance Service for R5.00 (five Rand) per day during the Competition Period (the “Competition”).  

IMPORTANT PROVISION: ACCEPTANCE OF THESE TERMS AND CONDITIONS 

PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY BEFORE PARTICIPATING IN THIS COMPETITION. BY ENTERING THE COMPETITION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT ENTER THE COMPETITION OR SUBMIT ANY INFORMATION IN THIS REGARD. WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY AND UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME BY POSTING SUCH UPDATED TERMS AND CONDITIONS ON THE VODACOM WEBSITE. ANY SUCH UPDATES SHALL APPLY TO YOU AND YOUR ENTRY INTO THE COMPETITION AND YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES. 

ALL PARTICIPANTS TO THE COMPETITION AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

2    Duration:

2.1 This is a daily Competition that shall commence on 00h01 on 15 February 2024 to 23h59 on 30 June 2024 the “End Date”) (“the Competition period”).

2.2 The duration of the Competition may be extended or curtailed at the discretion of Vodacom.

3    Prizes:

3.1 Participants to the Competition stand a chance to win:

3.1.1 daily instant airtime vouchers up to the value of R10.00 (ten Rand) (VAT inclusive). The total value of airtime vouchers eligible to be won during the Competition Period is R100 000.00 (One hundred thousand Rand) per month (“the Prize”).

4    Eligibility:

4.1 Only entries received during each day of the Competition period will qualify to enter the Competition. 

4.2 The following requirements must be complied with during the Competition period in order to qualify for entry into the Competition: 

4.2.1 be a natural person;

4.2.2 be at least 18 years and older;

4.2.3 be a Vodacom prepaid, hybrid or post-paid subscriber during the Competition Period;

4.2.4 reside in South Africa and be in possession of a valid South African identify document or South African permanent residence permit or a South African temporary residence permit valid for a period exceeding 3(three) months which permits shall be valid as at the End Date;

4.2.5 use a SIM card that has been RICA registered; and

4.2.6 subscribe or be an existing subscriber of the SwitchONFinance Service for R5.00 (five Rand) per day (subscriber must be successfully charged/billed for the SwitchONFinance Service) on the day of entry and that day should fall within the Competition Period by:

4.2.6.1 dialling USSD *144*1# or by replying with the keyword “OK”/“YES” sent via a Sim push campaign; or

4.2.6.2 subscribing via the relevant web pages displaying the competition information and Prizes; and

4.2.6.3 spinning the wheel that is displayed upon entry into the portal.

Once or if all the requirements of paragraphs 4.2.1 to 4.2.6 are met, entry into the Competition will be automatic and displayed by a pop-up when logging onto the SwitchONFinance portal.

4.3 Employees, directors and agents of Vodacom and the Partner (where applicable) all participating stores, their immediate families, life partners, business partners and associates and any person directly involved with the sponsoring, devising, production, management or marketing of this Competition are not eligible to enter this Competition

4.4 In the event that the registered user of the SIM Card or Vodacom account (i.e., the participant in the Competition) is not the person that is responsible for payment of the Vodacom account/ charges on the Vodacom account, then the Prize will be awarded to the person that is responsible for payment of the Vodacom account. 

4.5 Each subscription qualifies for 1 (one) entry into the daily Competition.

4.6 Standard data costs apply as per the user’s Service Provider and existing price plan for data usage. Vodacom shall not be liable for any costs incurred by the winners for claiming any Prizes, where applicable. 

5    Prize draw

5.1    Winners will be randomly selected daily from all eligible entries who meet all the requirements set out in clause 4 above. 

6    Winner Validation

6.1 All the information provided or related to this Competition shall be managed, captured and approved by Vodacom and/or the Partner (where applicable).

6.2 The claim for any Prize will be subject to security and validation, and Vodacom reserves the right to withhold any Prize until it is satisfied that the claim by a particular winner is valid. The selected winners must be able to identify themselves, in a manner determined by Vodacom, as the qualifying participants to the Competition and are required to comply with the validation procedure, determined by Vodacom, to claim any Prizes, failing which such winner will forfeit the Prize and the Prize will be awarded to the next selected qualifying participant. 

6.3 In the event that Vodacom requires certain documentation to be submitted by a particular winner and same has not been received at the agreed cut-off date communicated to the winner, or no effort is made on the part of any of the winners to make special arrangements to meet the deadline set by Vodacom, such Prize will be forfeited. Vodacom then reserves the right to award the Prize to the finalist that is next in line. 

6.4 Vodacom and/or the Partner (where applicable) shall request the winners’ consent in writing to their image and/or likeness being used and published by Vodacom in connection with the Competition for a period of 12 (twelve) months after they have been announced as winners. The winners may decline the use of their image and/or likeness by Vodacom.

7    Prize Delivery

7.1 All Prizes will be credited directly into the winner’s airtime wallet. The winner will receive an SMS notification.

7.2 If a winner cannot accept a Prize for any reason whatsoever, the Prize will be awarded to the next selected participant.

7.3 All risks and ownership of the Prizes shall pass to the winners on transfer/delivery thereof and hence all of Vodacom’s obligations regarding the Competition as well as in regard to the Prizes shall terminate.

8    Personal information

8.1 User data, including personal information collected via the Competition will not be used for any other purpose than for execution of the Competition and will be processed in line with the Vodacom’s Privacy Statement which is incorporated into these terms and conditions. The Privacy Statement sets out how amongst other things Vodacom collects, use and shares subscribers personal information and how it protects subscriber’s privacy when processing their information.

8.2 By continuing, a subscriber confirms that the Vodacom Privacy Statement has been read and understood. The latest Privacy Statement can be found on the Vodacom website at https://www.vodacom.co.za/vodacom/privacy-policy/terms?icmp=Home/Footer/PrivacyPolicy.

9    General

9.1 Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the participant or Vodacom in terms of the Consumer Protection Act, 68 of 2008 ("CPA").

9.2 The Prize is not transferable and is not exchangeable for another Prize or cash and cannot be sold.

9.3 The decision of Vodacom in respect of disputes arising out of this Competition shall be dealt with by Vodacom in terms of these Terms and Conditions. The decision of Vodacom in this regard shall be final and binding on the Parties and no correspondence will be entered into.

9.4 Winners are only entitled to win a maximum of 1 (one) Prize each day.

9.5 In the event of a dispute with regard to any aspect of the Competition and/or the Terms and Conditions, Vodacom’s decision will be final, and binding and no correspondence will be entered into.

9.6 Vodacom and/or the Partner may refuse to award a Prize if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. Vodacom is entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they have not been successful.

9.7 Vodacom and/or the Partner and/or any other person or party associated with the Competition, their associated companies, agents, contractors and sponsors and any of its personnel involved in the Competition, shall not be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either the participant entering the Competition or from it claiming a Prize.

9.8 Vodacom is not liable for any technical failures affecting participation and / or Prize redemption process of the Competition. In addition, neither Vodacom nor its agents shall be responsible for any loss or misdirected entries, including entries that were not received due to any failure of hardware, software, or other computer or technical systems affecting participating in and/or the Prize redemption process of the Competition.

9.9 Vodacom, its directors, employees, agents, and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any Prize nor in respect of any warranties, guarantees or undertakings given by any person other than Vodacom itself.

9.10 If Vodacom elects in its sole and absolute discretion or is required by law to alter, vary or cancel any aspect of the Competition, it will have the right to terminate the Competition being offered, with immediate effect and upon written notice being published on the Vodacom website. In such event all participants hereby waive any rights which they may have against Vodacom and its associated companies, agents, contractors and/or sponsors.

9.11 All information relating to the Competition which is published on any marketing material will form part of these Terms and Conditions. In the event of any conflict between such marketing material and these Terms and Conditions, these Terms and Conditions shall prevail.

9.12 The Competition is also subject to, and must be read in conjunction with, Vodacom’s existing terms and conditions applicable to its website and mobile site respectively., which terms and conditions are available on the Vodacom website.