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You agree to be bound by the following terms and conditions:
1. The price (if any) of an App is separate from and additional to the data download charges which you will incur when browsing or downloading Apps. Therefore, in addition to the price of the App (if any), you will also be liable for the data download charges (at the rate and on the terms and conditions applicable to your package) in respect of browsing and downloads (whether successful or not) from the App store.
2. You will not be entitled to any exchanges, returns and/or refunds in respect of the Apps unless the App does not work on your device. This can be done by contacting Vodacom Customer Care. Under no circumstances will refunds be granted in respect of the download charges.
3. You can retrieve Apps that have failed to download from the My Downloads history section unless the app is no longer available in the app store.
4. Any in-App purchases made and that are chargeable through the Vodacom customer account that are unsuccessful can be queried via Vodacom Customer Care and the necessary refund will be made but only to the extent of the value of the unsuccessful in-App purchase, as applicable.
5. Apps can be downloaded to any Vodacom approved compatible cell phone but are handset specific.
6. You may only use the Apps for lawful purposes and you warrant that you shall not, and will use commercially reasonable efforts to make sure a third party does not sell, resell, lease the Apps to any other party.
7. To the fullest extent permitted by applicable law, the App is provided to you as is without support or maintenance and we disclaim liability for any damages that the App may cause to you or any other person (whether through malware or otherwise). Vodacom does not warrant that the App will meet your requirements or that the operation of the App will be uninterrupted or error free. To the extent permitted by law we disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied and whether arising by statute, common law or otherwise. In any event our maximum liability and sole remedy to you is a refund of the price of the app at the time of your purchase. To the fullest extent permitted by applicable law, 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 or any other action, arising out of or in connection with the failure or delay in the performance of the Apps. The Apps are therefore used entirely at your own risk. This clause does not affect your legal rights as a consumer.
8. To the fullest extent permitted by applicable law, we reserve the right to alter, restrict and/or terminate the Apps 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 Apps 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 Apps. The obligation therefore is on you to review these terms and conditions at regular intervals.
9. This site may contain hyper-links to third party sites. Vodacom is 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.
10. You acknowledge that we own the intellectual property rights in and to this website and that the Apps are owned by Vodacom and/or its developers and that the unauthorised use thereof is expressly prohibited. The word or mark "Vodacom", and "Voda", 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 the trademarks of Vodacom, or one of its affiliated companies.
11. 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.
12. 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.
13. 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.
Privacy and Data Protection

a.This clause explains how we collect, use, share and protect your personal information. This clause should be read with the Vodacom Privacy Policy.If we update this clause and our privacy policy, we will post any changes on our website.

Collecting your personal information

b. We can get your personal information when you use this Service. In the case of the use of the Service your personal information is collected for the purpose of being used and processed in:
• personalising the Service to your respective preferences;
• for the serving of appropriate, tailored advertising to you via the Service;
• for the purpose of tracking the 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 Service; and
• statistical tracking, redundancy and audit purposes.
c. The above data will not be shared with other users of the Service. However, Vodacom further may collect your information in terms of clause (h) and (i) below.
d. 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.
Understanding what you want
e. 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 services.
f. This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again. See the next section for more details.
g. You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie.
The personal information we collect
h. The information we collect about you depends on the Vodacom and Vodafone products and services you use and subscribe to. It includes (but is not limited to) the following:
i. your name, gender, date of birth, home language, address, and email address;
ii. your preferences for particular products, services or lifestyle activities when you tell us what they are – or when we assume what they are, depending on how you use our products and services;
iii. your contact with us – such as a note or recording of a call you make to one of our contact centres, an email or letter you send to us or other records of any contact you have with us;
iv. your account information – such as phone number, handset type, handset model,, whether you are a post or prepaid customer, dates of payment owed and received, TopUp information, the subscription services you use or any other information related to your account.
i. We will also get information on how you use our products and services, such as:
i. the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from);
ii. the date, time and length of the calls and messages you send or receive through our network, and your approximate location at the time these communications take place;
iii. the level of service you receive – for example, network faults and other network events which may affect our network services;
iv. your website browsing information (which includes information about the websites you visit, and about how you use our website or other Vodafone Group websites on your mobile or a PC;
v. the date, time and length of your internet browsing, and your approximate location at the time of browsing;
vi. your brand preference, preferred video categories, related preferences (e.g. team choice); and type of services you typically access.
Using your personal information
j. We may use and analyse your information to:
i. process the goods and services you have bought from us, and keep you updated with your order progress;
ii. keep you informed generally about new products and services (unless you choose not to receive our marketing messages);
iii. provide the relevant service or product to you. This includes other services not included in this terms and conditions, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product;
iv. contact you with offers or promotions based on how you use our products and services. These include your calling and messaging activities, location information and browsing information (unless you choose not to receive these messages – see below on ‘How to opt-out’;
v. send you targeted and relevant messages, based on your behaviour, permission and preferences. From time to time, we will send you a range of different messages, from Vodacom as well as brands, to keep you informed or simply for you to tell us what you are into. These are not just offers and promotions but messages from your favourite brands including new products, discounts, limited offers, gifts and more. It works by using information about you to send you targeted messages relevant to you;
vi. bill you for using our products or services, or to take the appropriate amount of credit from you;
vii. respond to any questions or concerns you may have about using our network, products or services;
viii. let you know about other companies' products and services we think may interest you (including offers and discounts we’ve specially negotiated for our customers);
ix. protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times
x. understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you;
xi. carry out research and statistical analysis including to monitor how customers use our network, products and services on an anonymous or personal basis;
xii. prevent and detect fraud or other crimes, recover debts or trace those who owe us money;
xiii. provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual).
k. The information we use will be your approximate location, based on the nearest mobile cell site. As a result, this will change as you move around with your mobile phone.
l. 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.
Sharing your personal information
m. We may share information about you with:
i. companies in the Vodacom and Vodafone Group (Vodafone Group Plc and any company or other organisation in which Vodacom owns more than 15% of the share capital);
ii. partners or agents involved in delivering the Services;
iii. companies who are engaged to perform Service for, on behalf of Vodacom (Pty) Ltd including Vodafone Limited, or the Vodafone Group;
iv. where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
v. debt collection agencies or other debt recovery organisations;
vi. law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;
vii. emergency services (if you make an emergency call), including your approximate location.
n. 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.
o. If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
p. We may need to transfer your information to other group companies or service providers in countries outside South Africa. This may happen if our servers or suppliers and service providers are based outside South Africa, or if you use our services and products while visiting countries outside this area.
q. At your option, we may also share your information with partner organisations we’ve chosen carefully, so they can contact you about their products and services.
Keeping your personal information secure
r. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.
s. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we will make sure they have appropriate security measures and only process your information in the way we’ve authorised them to. These organisations will not be entitled to use your personal information for their own purposes. If necessary, our security teams will check them to make sure they meet the security requirements we have set.
t. Communications over the internet (such as emails) are not secure unless they have been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.
How to opt-out
u. You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post.
v. You can choose to opt out of all marketing communications or to opt out of marketing in one of several ways (such as email, text, phone or post).
w. You will still receive communication related to changes in the Service, your subscription and new content available even after opting out

x. You can choose to opt out of partner marketing communications by sending an sms with STOP to 1155

Amendments to this Terms and Conditions
Vodacom reserves the right to amend or modify this terms and conditions at any time and will post the amended or modified terms and conditions in its website.
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