Terms and Conditions


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 Policy 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 and the SwitchONBenefits App, 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 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 weekly subscription charge based on '7 day’s eligibility. 

4.   SwitchONBenefits can be accessed via an App (Android and iOS), a web portal that is mobile friendly, as well as a dedicated USSD platform. 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:

1.1.   Dial the USSD string *139*1#  from a Vodacom number 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; or 

1.2.   Users of the app (iOS or Android) and the website may also initiate their subscription to the Service as follows:

1.2.1.SwitchONBenefits App can be downloaded from the Google Play Store or Apple Store for an Android or iOS devices respectively.

1.2.2.On the home page you can select from non-premium (free) and premium options.

1.2.3.The user is required to register (first time users) or login (repeat users) to the app prior to any deal issues i.e.: to add deals, coupons or vouchers to  their in-app shopping wallet

1.2.4.To complete registration the user’s first name, last name, mobile number, email and date of birth are required with a confirmation of the terms and conditions.

1.2.5.The user will receive an SMS with the login details that can be used to login to the app prior to being issued shopping benefits.

2.   SwitchONBenefits Membership upgrade / subscription

2.1.   WEB APP UPGRADE JOURNEY: To Upgrade membership/become a subscribed participant with access to premium deals in the web app, the user must:

2.1.1.Login first (if not already logged in)

2.1.2.Click on “My Profile” in the Menu dropdown in the web app

2.1.3.Select “Upgrade Membership”

2.1.4.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

2.2.   MOBILE APP (iOS & ANDROID) JOURNEY: If the User accesses SwitchONBenefits via the Android or iOS mobile app and wants to Upgrade membership/become a subscribed participant with access to premium deals, the user must:

2.2.1.Login first (if not already logged in)

2.2.2.Select the “Go Premium” button on the Home / Landing page

2.2.3.Select “Upgrade Membership” on the Profile page, accessible via the Profile widget in the main, bottom navigation bar

2.2.4.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.   Users can cancel their subscription to the Service 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 within the Service app (iOS or Android) or website (https://www.switchonbenefits.com/) by selecting the “Downgrade Membership” option in the “My Profile” page. Subscribers who join the SwitchONBenefits Service are considered Users of the Service until they cancel their 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 a User (after subscription), via SMS communication (e.g. the User sending an MO message to 0820099664 reporting “I do not want to participate”).

5.   Users who cancel their subscription can re-register at any given time by following the registration process for the Service as stipulated in clause 8 above.

Subscription Charges

1.     SwitchONBenefits is available on a monthly (post-paid only), weekly or daily subscription basis, or at a promotional discounted price, as detailed below:

1.1.   weekly subscription  shall be charged for at ZAR 8,00 (incl. VAT) per week.   In the event that the User does not have sufficient balance for the weekly subscription charge at ZAR 8,00/week (incl. VAT), we will attempt to renew your subscription at ZAR 2,00/day or ZAR 1,00/day (incl. VAT).

1.2.   The monthly subscription charge for SwitchONBenefits is ZAR 28,00/month (incl. VAT). Postpaid Users are 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 to the affected User.

4.   All the interactions that the Users 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 app (iOS or Android) and the website on https://www.switchonbenefits.com/

Service Promotion

1.     To promote SwitchONBenefits ,a Promotion will be made available to all participants willing to join it.

2.     The SwitchONBenefits Promotion will have an initial duration of 90 days from its implementation date, on December 7, 2016 to 06 March 2017. Possible extension of this initial duration will be notified to the SwitchONBenefits users prior to the last day of the initial duration and depicted in the Service Promotion section below.

Update to the Terms and Condition dated 6th of March 2017: The Competition will be extended for the following 90 day promotional period:

1 - “Extension Period” running from 00h01 on the 07th of March 1997 (the “Extension Start Date”) to 23h59 on the 04th of June 1997 (the “Extension End Date”).

2 - “Extension Period” running from 00h01 on the 05th of June 2017 (the “Extension Start Date”) to 23h59 on the 2nd of September 2017 (the “Extension End Date”).

3 - “Extension Period” running from 00h01 on the 03rd of September 2017 (the “Extension Start Date”) to 23h59 on the 01st of December 2017 (the “Extension End Date”).

4 - “Extension Period” running from 00h01 on the 02nd of December 2017 (the “Extension Start Date”) to 23h59 on the 01st of March 2018 (the “Extension End Date”).

5 - “ Extension Period” running from 00h01 on the 02nd of March 2018 (the “Extension Start Date”) to 23h59 on the 14th of August 2018 (the “Extension End Date”).

6 - “Extension Period” running from 00h01 on the 15th of August 2018 (the “Extension Start Date”) to 23h59 on the 14th of September 2018 (the “Extension End Date”).

7 - “Extension Period” running from 00h01 on the 15th of September 2018 (the “Extension Start Date”) to 23h59 on the 13th of December 2018 (the “Extension End Date”).

8 - “Extension Period” running from 00h01 on the 14th of December 2018 (the “Extension Start Date”) to 23h59 on the 11st of February 2019 (the “Extension End Date”).

9 - “Extension Period” running from 00h01 on the 12th of February 2019 (the “Extension Start Date”) to 23h59 on the 12th of April 2019 (the “Extension End Date”).

10 - “Extension Period” running from 00h01 on the 13th of April 2019 (the “Extension Start Date”) to 23h59 on the 11th of June 2019 (the “Extension End Date”).

11 - “Extension Period” running from 00h01 on the 12th of June 2019 (the “Extension Start Date”) to 23h59 on the 10th of August 2019 (the “Extension End Date”).

12 - “Extension Period” running from 00h01 on the 11th of August 2019 (the “Extension Start Date”) to 23h59 on the 09th of October 2019 (the “Extension End Date”).

Update to the Terms and Condition dated 09th of October 2019: The Competition will be extended for the following 120 day promotional period:

13 - “Extension Period” running from 00h01 on the 10th of October 2019 (the “Extension Start Date”) to 23h59 on the 06th of February 2020 (the “Extension End Date”).

14 - “Extension Period” running from 00h01 on the 07th of February 2020 (the “Extension Start Date”) to 23h59 on the 05th of June 2020 (the “Extension End Date”).

15 - “Extension Period” running from 00h01 on the 06th of June 2020 (the “Extension Start Date”) to 23h59 on the 03th of October 2020 (the “Extension End Date”).

16 - “Extension Period” running from 00h01 on the 04th of October 2020 (the “Extension Start Date”) to 23h59 on the 31st of January 2021 (the “Extension End Date”).

17 - “Extension Period” running from 00h01 on the 01st of February 2021 (the “Extension Start Date”) to 23h59 on the 30th May 2021 (the “Extension End Date”).

3.      Users of the Service will be able to obtain more information on Promotion(s) by sending the following keywords to long code 0820099664 for free.

3.1.   “INFO” to get more information about the promotion

3.2.   “POINTS” to get to know the points in the draw

4.       Vodacom reserves the right to change the start date, suspend, cancel or extend the period of any Promotion at any time.

5.       Final prizes (listed in clause 8) will be offered to active Users of SwitchONBenefits.

6.       Promotions are open to residents of South Africa that are Vodacom subscribers,  excluding Vodacom employees, representatives and service providers for this Service their respective parents and/or affiliate companies, content suppliers,

7.       In order to be eligible for the Service Promotions, a User must have collected at least 1 point during the corresponding prize Period as stipulated in clause 2 under the “Service Promotion” section of these terms and conditions.

8.       The  prizes to be awarded during the Promotional period is as per the table below. Please note that the prize value in the table below simply stipulates the corresponding economic value of the prize which may be awarded. This prize may not necessarily be in monetary terms but goods to that monetary value (e.g. a mobile device valued at prize cash monetary value). Vodacom’s appointed service provider for the Service shall, in its own discretion, decide on what the prize should be as long as it is to the monetary value stipulated in the table below:

For which service

Prize Value

Number of prizes

Award Frequency

SwitchONBenefits Service

Mega Voucher:

+- ZAR 25,000.00 incl. VAT or goods to the aforementioned value.

1

1 Prize at the end of the Promotion Period as stipulated in clause 17

 

9.       Points cannot be transferred from one Subscriber to another. 

10.    Users  will be allocated 100 points on each successful subscription charge for the Premium service during the Promotion period .

11.    The Promotion is for persons over the age of 18 and requires parental/guardian consent for persons under the age of 18.

12.    The winners will be selected by means of a random draw selection after the end date of each stipulated in clause 2 under the “Service Promotion” section of these terms and conditions, from all eligible entries which meet the requirements set out in these terms and conditions. Every draw will identify a winner and 10 runners up, who will be entitled to become the winners in the event the selected winner does not comply with the eligibility criteria for the Promotion.

13.    The prize is not transferable and may not be used in conjunction with any other competitions. Vodacom’s appointed service provider for the competition may refuse to award the prize if the qualifying criteria or these Terms and Conditions are not adhered to or if we detect any irregularities or fraudulent practices. Vodacom and Vodacom’s appointed service provider for the competition is entitled in its entire discretion to reject / withhold any prize for any reason and will not be obliged to notify Users that they have been rejected.

14.    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 entrants to the Competition and have to comply with the required validation procedure, determined by Vodacom, in order to claim any prizes, failing which such winner will forfeit the prize and the prize will be awarded to the next selected qualifying entrant.

15.    Winners will be contacted by Vodacom’s appointed service provider on the mobile phone number used to subscribe to SwitchONBenefits. Vodacom’s appointed service provider will attempt to contact each winner at least 3 times a day over a period of 3 days, between the hours of 9am and 5pm. Should a selected winner fail to claim the prize, the prize will be forfeit and that person's right to claim the prize will be deemed to have been waived. Vodacom and/or its appointed service provider reserve the right to award the prize to the next selected entrant.

16.    Vodacom’s appointed service provider for SwitchONBenefits shall request the winners’ consent in writing for the use and/or publishing of their image and/or likeness in connection with the Promotion or with the Service 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.

17.    All risks and ownership of the prize shall pass to the winner on transfer/delivery thereof and hence all of Vodacom's obligations in regard to the prize shall terminate. Vodacom’s appointed service provider will advise of arrangements in respect of the delivery of the prize at the time of contacting the winner.

18.    Notwithstanding the fact that the prize vests on the recipient immediately upon the determination of the results, any prize that remains unclaimed/undeliverable after a week of transfer or no reasonable effort is made on the part of the winners to claim despite having been advised that s/he has won the prize, will be forfeited.

19.    Neither Vodacom and/or its appointed services for SwitchONBenefits or any other person or party associated with the Service, their associated companies, agents, contractors and sponsors and any of its personnel involved in the Promotion, shall 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 participation in the Promotion or from claiming the prize.

20.    In addition, neither Vodacom nor its appointed service providers, its agents/service providers will be responsible for any loss or misdirected qualifying purchases, including entries that were not successful due to any failure of hardware, software, or other computer or technical systems.

21.    Employees, directors and agents of Vodacom and/or its appointed service providers , their immediate families, life partners, business partners and associates and any person directly involved with devising, producing, managing or marketing this promotion are not eligible to participate and win.

22.    In the event that the user of the mobile phone (i.e. the participant in the Promotion) is not the person that is responsible for payment of the qualifying contract/existing qualifying contract, then the prize will be awarded to the person that is the account holder and responsible for payment of the qualifying contract/existing qualifying contract.

23.    Only participants using a SIM card that has been RICA registered will be eligible to win prizes. Each owner of a SIM card is responsible to comply with South African law by RICA registering his / her SIM card effectively linking the mobile number to an individual as part of the government's efforts to regulate the communications sector. Note, use of multiple SIM cards will not enable you to win multiple times.

24.    All information relating to the Promotion which is published on any SwitchONBenefits-related 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.

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 Policy. Should we update this clause and our privacy policy, we will post any changes on Vodacom’s website:
http://www.vodacom.co.za/vodacom/terms/privacy-policy
https://www.switchonbenefits.com/support/privacy

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 using the SwitchONBenefits. In the case of the use of the application your personal information is collected for the purpose of being used and processed in:

3.1.   personalising the Service to your respective preferences;

3.2.   for the serving of appropriate, tailored advertising to you via the application;

3.3.   for the purpose of tracking the Services and platforms’ performance;

3.4.   troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time

3.5.   for use to develop additional enhancements or improvements to the Service; and

3.6.   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

5.1.   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.

5.2.   This, in turn, helps us make the application content relevant to your interests and needs.

6.   Vodacom has appointed Upstream (Pty) Ltd and CSB Engage (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 Vodacom Privacy Policy. 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.