SwitchONBenefits Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

These Terms of Service contain the terms and conditions on which Vodacom (Pty) Ltd and its appointed service providers (collectively referred to as "Vodacom”, “we”, or “us”") provides SwitchONBenefits services to you, our customer ("User(s)", "you" or "your"). Use of SwitchONBenefits is also governed by the Privacy Policy which is incorporated herein by reference.

Your Acceptance of these Terms and Conditions

Please read these Terms and Conditions carefully before using the SwitchONBenefits 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 recommend that you print a copy of these Terms and Conditions and the associated Privacy Supplement for your records. 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 https://www.switchonbenefits.com, so please check back periodically. 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.

Service description

1. SwitchONBenefits (also referred to as “the Service”) is a rewards benefits service, including deals, coupons, and vouchers that offers 2 variants; 1) a free service and 2) a Premium subscription service that is available exclusively to Vodacom subscribers (“the Users”).
2. The Service gives the Users the opportunity to participate in a subscription-based service that will offer premium reward benefits.
3. SwitchONBenefits will provide Users with weekly premium benefit offers from South Africa’s premium retailers. The Service is based on a subscription charge.
4. SwitchONBenefits can be accessed via a web portal that is mobile friendly (https://www.switchonbenefits.com), as well as a dedicated USSD platform (*102*11#).

The Service may also grant users the benefit of discounted promotions, with Users being charged a discounted price for a special subscription available in a premium service at Vodacom’s discretion.

Registration and Cancellation of SwitchONBenefits Service

1. To subscribe to SwitchONBenefits and become a participant, you must:
   Dial the USSD string *139*1# from a Vodacom number or subscribe via the website and follow the subscription steps or send one of the communicated keywords (OK, YES, etc.) to a dedicated long code for the SwitchONBenefits Service (0820099664), free of charge. The keywords will be communicated to potential User(s) of the service via SMS.
2. SwitchONBenefits Subscription Upgrade To upgrade to become a premium member you must:
   
   1. Login first (if not already logged in)
   2. Click on “My Profile” in the Menu dropdown in the web app
   3. Select “Upgrade Subscription”
   4. Or follow and successfully complete the Double Opt-In Journey when a unsubscribed or free user tries to issue a Premium deal, coupon or voucher.
3. You can cancel your subscription to SwitchONBenefits at any time, by either dialling *139*1*3# USSD string or sending a free SMS with the relevant keywords (CANCEL, STOP, or any other keyword specified for the cancellation) to the SwitchONBenefits Service long code, or via the website (https://www.switchonbenefits.com/) by selecting the “Downgrade Subscription” option in the “My Profile” page. Should you join the SwitchONBenefits Service you will be considered a User of the Service until you cancel your subscription.
4. A Subscription can also be cancelled at the sole discretion of Vodacom, in the event that a clear expression of non-interest in participating in the Service is demonstrated by you (after subscription), via SMS communication (e.g. the User sending an SMS reply/response message to 0820099664 reporting (“I do not want to participate”).
5. If you would like to subscribe to the service again in the future you can re-register at any given time by following the registration process for the Service as stipulated in clause 1 above.

Subscription Charges

1. SwitchONBenefits is available on either a monthly, weekly or daily subscription basis, or at a promotional discounted price, as detailed below:
   
   Downgrading of the weekly subscription
   1. The weekly subscription shall be charged at ZAR 8.00 (incl. VAT) per week. If Vodacom tries to bill for your weekly subscription when it is due and there are insufficient funds, we will downgrade your subscription to a daily subscription of ZAR 2.00/day.
   Micro-billing in the daily subscription
   2. If we are unable to bill for the full subscription fee for this Service, Vodacom will implement micro-billing at Vodacom's discretion.
   3. Micro billing occurs when you have a daily subscription and you do not have sufficient funds in your account (airtime balance) for the daily subscription to pay for the service. Micro-billing will allow for Vodacom to charge a discounted subscription if your airtime balance is less than the subscription fee until the full amount is collected. If Vodacom is successful in billing an amount, in part of the full amount for the end of the applicable period (day, week, or month, depending on the option chosen), that billing record will stand as completed billing for that particular period (day, week, or month, depending on the option chosen). Billing for the next period will revert back to attempting to bill the full stated price. Billing does not occur in arrears. In order to optimize micro-billing, Vodacom reserves the right to check if a customer has sufficient funds in their account before attempting to micro bill.
   4. If you are a Vodacom prepaid or top-up subscriber, you acknowledge that you must have enough airtime available for payment of the subscription for the weekly subscription to keep it in an active state. You acknowledge that if we are unable to bill any qualifying value for your subscription, we will continue to attempt to bill and enable the weekly subscription for a maximum period of 90 days after the last successful bill collected. Should we be unable to collect any funds weekly for a period of 90 consecutive days, you will be automatically unsubscribed from the Service.
   5. The monthly subscription charge for SwitchONBenefits is ZAR 28.00/month (incl. VAT). If you are a Post-paid user, you will be charged via the monthly billing cycle that runs while a subscription is active.
2. Vodacom reserves the right to offer SwitchONBenefits subscription at a discounted rate from time to time at its sole discretion.
3. In case of repeated unsuccessful charges, Vodacom reserves the right, at its sole discretion, to terminate the Service.
4. All the interactions that you will have with the Service via SMS and USSD will be free of charge.
5. Data charges as per your existing data tariff plan apply for accessing the website on https://www.switchonbenefits.com/ and email.

Intellectual Property

1. All Intellectual Property Rights, including all rights, title and interest in and to the Service and Content, of whatsoever nature existing now and, in the future, remain our absolute property and that of Vodacom and/or its appointed service providers.
2. The use of any content, branding or Intellectual Property Rights of Vodacom and/or its appointed service providers cannot be used without written consent in advance. You must not use the Service or the content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party.
3. You will not, at any time, acquire any rights, title, ownership, or interest, including any Intellectual Property Rights, in or to the Service other than the limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these terms and conditions.
4. Where any of the content in the Service has been licensed to Vodacom and/or its appointed service providers or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

Electronic Communications

By accessing the SwitchONBenefits Service web portal on a desktop computer or mobile device, or interacting with the Service via SMS, you consent to receiving electronic communications and notices from the SwitchONBenefits Service. Vodacom may also send you electronic communications and notices promoting other similar services it provides. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements and/or consumer protection laws, including that such communications be in writing.

Your conduct

You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, or any other computer code, files or programmes designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with SwitchONBenefits. You also agree not to interfere, abuse and/or cause damage to the servers or networks, including third party networks, connected to SwitchONBenefits or to violate any of the procedures, policies or regulations of networks connected to SwitchONBenefits, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using SwitchONBenefits; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using SwitchONBenefits (3) use SwitchONBenefits for any unlawful purpose; or (4) resell or export the software associated with SwitchONBenefits.

Third Party Offers

SwitchONBenefits may contain links to third party websites or programmes that are not controlled by or affiliated to Vodacom and/or its appointed service providers. Vodacom and/or its appointed service providers will not be responsible for the content, offers or privacy policies of such sites and programmes. Your dealings with third party sites are solely between you and the applicable third party and you must accept the third party’s terms and conditions before using their services.

Use of Information Submitted

1. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Vodacom and/or its appointed service providers may reject or delete any User content for any or no reason, including, but not limited to, User content that, in Vodacom and/or its appointed service provider view violates these Terms of Service.
2. You hereby grant Vodacom and its appointed service providers an irrevocable, perpetual, transferable, fully paid-up, royalty-free, license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialise, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User content, as well as, all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Vodacom the right to authorize its appointed service providers to exercise any of the rights granted under these terms and conditions to enable them to provide SwitchONBenefits.

No Warranty & Limitation of liability

1. Vodacom and/or appointed service providers provide SwitchONBenefits "as is" and without any warranty or condition, whether express, implied, or statutory. Vodacom and its appointed service providers for the Service specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. To the extent allowed by law, Vodacom and/or its appointed service providers assume no liability or responsibility for any errors or omissions in SwitchONBenefits; any failures, delays, or interruptions in SwitchONBenefits; any losses or damages arising from the use of SwitchONBenefits including, without limitation, any damage to your mobile device; or any conduct by users of SwitchONBenefits. We reserve the right to deliver SwitchONBenefits in our sole and absolute discretion.
2. In no event shall Vodacom and/or its appointed service providers shareholders, directors, officers, employees, or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with SwitchONBenefits or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnity

You agree to indemnify and hold Vodacom and its appointed service providers for SwitchONBenefits and related companies, and each of their respective shareholders, directors, officers, employees, agents, and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of SwitchONBenefits or your violation of any law or the rights of any third party.

Governing Law

You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between you and Vodacom and/or its appointed service providers arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, or any related transaction shall be governed by and construed in accordance with the laws of the Republic of South Africa.

General

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Vodacom and its appointed service providers with respect to the Service.

Privacy

1. This clause explains how we collect, use, share and protect your personal information. This clause should be read together with the Vodacom Privacy Supplement and SwitchONBenefits Privacy Supplement. Should we update this clause and our privacy supplement, we will post any changes on Vodacom’s website:
   https://www.vodacom.co.za/vodacom/privacy-policy/switch-on-benefits
   
2. You consent to the collection, processing, and disclosure of your personal information (including your name, email address and mobile number), communications and/or documents about you for the purpose of providing the services to you. We undertake to process such information in accordance with the applicable laws.
3. Collecting your personal information - we can get your personal information when you are using SwitchONBenefits. In the case of the use of the application your personal information is collected for the purpose of being used and processed in:
   1. personalising the Service to your respective preferences;
   2. for the serving of appropriate, tailored advertising to you via the application;
   3. for the purpose of tracking the Services and platforms’ performance;
   4. troubleshooting, data analysis, testing, research, and service improvement and/or to identify any technical issues that may occur from time to time;
   5. for use to develop additional enhancements or improvements to the Service; and
   6. statistical tracking, redundancy, and audit purposes.
4. 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.
5. Understanding what you want:
   1. We might also use SDK codes (software development kit), cookies and other techniques such as beacons (small, clear picture files used to follow your movements on your device). This collected information tells us how you use the device and engage with the application.
   2. This, in turn, helps us make the application content relevant to your interests and needs.
6. Vodacom has appointed Upstream (Pty) Ltd and Firefly Investments 190 (Pty) Ltd to enable the provision of the SwitchONBenefits service. Your personal information will be shared with these appointed service providers to the extent required to enable the provision of the service over and above as provided in the SwitchONBenefits Privacy Supplement. The appointed service providers will host your personal information cross-border in Greece to enable the Competition.
7. The personal data collected within the scope of SwitchONBenefits will be treated as private and confidential. It shall not be disclosed to other individuals or organisations, except in the event of legislation to the contrary or where the Participants themselves authorise such. The data will be stored on servers with access control on a need-to-know basis and limited by passwords.