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GLOW Terms of Service

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

The terms of this agreement (“Terms and Conditions”) govern the relationship between you and Vodacom (Pty) Ltd and its affiliates (hereinafter “Vodacom” or “Us” or “We”) regarding your use of Glow and related features (the “Glow service / Service”). Use of the Service is also governed by Privacy Policy which is incorporated herein by reference.

Your Acceptance of these Terms and Conditions

Please read these Terms and Conditions carefully before using Glow 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, 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

“Glow” (also referred to as the “Service”) is a brand offering expertly curated content from local creators, partnered brands, by and for South African women. It houses quality creation transcending traditional women’s interest category titles under one easy and accessible portal. The service serves as the north star for young women in South Africa. Women who deserve a media space that inspires and empowers them with a bright future. The service is available to Vodacom customers only.

The Service is accessible via mobile friendly web portal (HTML5) with SMS content.

Registration and Cancellation of Glow Service

To subscribe to Glow Service you must send one of the valid subscription keywords (‘OK’, ‘Yes’) to the dedicated SMS long code (MSISDNMSIS), or dial *126*5# USSD string. Upon confirming your subscription to the Glow Service, you will receive a confirmation SMS from the dedicated SMS long code 0820099022), along with instructions to participate in the Service, access to the web portal (HTML5), pricing information and indications to cancel the subscription.

Users can cancel their participation to the Glow Service at any time, by sending a free SMS with the cancellation keyword STOP or CANCEL to the respective dedicated SMS long code (0820099022) or by dialing *135*997# and selecting option1. Subscribers who join the Glow service are considered Users of the Service until they cancel their subscription.

A Subscription can also be cancelled at the sole discretion of Vodacom, in the event of a clear expression of non-interest in participating in the Service is demonstrated by a User (after subscription), via SMScommunication (e.g. the User sending an SMS message reporting “ I do not want to participate”).

Users who cancel their subscription can re-register at any given time by sending the defined registration keyword(s) to the dedicated long code.

The service is not available to roaming users.

Subscription Charges of the Glow Service

WEEKLY SUBSCRIPTION

Each customer will be eligible for a one (1) day Free Trial period to access the Glow Service, upon completing the subscription to Glow Service for the first time. Users will be able to fully access content during this period. This free one (1) day period is only available once for each customer, from the date a customer first confirms his subscription. On the same free day, Users will be notified that charging will commence from the next day. At this point, Users can opt out from the Service or continue to the charging model from day 2.

The weekly subscription charge for the Glow Service is ZAR 25,00/week (incl. VAT). Every week, Users are charged via the weekly billing cycle that runs while a subscription is active. Upon each successful charge renewal of the weekly subscription, Users are given access to:

- Daily content

- Daily SMS

Upon first activation of the Free Trial period, Users are given access to:

- Daily content

- Daily SMS

In case of repeated unsuccessful charges, Vodacom reserves the right, at its sole discretion, to terminate the Service to the affected User.

All the interactions that the Users will have with the Service via SMS willbe free of charge. Data charges may apply for accessing the Service website www.glow.vodacom.co.za

In the event that Vodacom is unable to bill for the full subscription fee for this Service, Vodacom will implement micro-billing at Vodacom’s discretion. Micro billing occurs when a user that is subscribed or subscribing to the Service does not have sufficient funds in their account (airtime balance) to pay for the service. Micro-billing will allow for Vodacom to charge a discounted subscription in the event that the user’s airtime balance is less than the subscription fee until the full amount is collected. If we are 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 a sufficient funds in their account before attempting to micro bill.

How this will work is as below:

A. When the user attempts to purchase the R25/week subscription and their airtime balance is:

● Less than R25 but more than or equal to R5, the User will be charged R5 to gain access for the day

● When a user attempts to purchase the R5p/day subscription and their airtime balance is:

● Less than R3 but more than or equal to R2, the user will be charged R2

● Less than R2 but more than or equal to R1, the user will be charged R1

B) In the event that you are a Vodacom prepaid or top-up subscriber, you acknowledge that you must have enough airtime available for payment of the subscription to keep it in an active state. You acknowledge that in the event we are unable to bill any valid value for your subscription, we will continue to attempt to bill and enable the subscription for a maximum period of 21 days after the last successful bill collected. Should we be unable to collect any funds for a period of 21 consecutive days, you will be automatically unsubscribed from the service

Intellectual Property

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 our licensors.

The use of any content, branding or intellectual property rights of Vodacom or third-party suppliers is subject to 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.

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.

Where any of the content in the Service has been licensed to Vodacom 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 Glow 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 Glow Service. The Service Provider or the Organizer may also send you electronic communications and notices promoting their own similar services. 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

By using the Glow Service, 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 programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Glow Service. You also agree not to interfere, abuse and/or cause damage to the servers or networks, including third party networks, connected to the Glow Service or to violate any of the procedures, policies or regulations of networks connected to the Glow Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Glow Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Glow Service (3) use the Glow Service for any unlawful purpose; or (4) resell or export the software associated with the Glow Service.

Personal information we collect about you

In order to enable you to make use of the Service and provide the service through the application, Glow collects the below information about yours:

● MSISDN (Mobile Number) – This is used to manage and provide the service, to authenticate the user via OTPs (one time PINs)/password, and to subscribe and bill the user as it relates to the service provision;

● Information on how you use the service, such as the date, time and length of your usage

● Consent management – this is used to obtain permission for:

● Subscription and billing for the service

● Sending related messages to you

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.

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.

You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie.

Personal information we collect about you - We collect your personal information when:

● You subscribe to the service;

● You use the service.

● Vodacom will process your personal information based on:

● Vodacom’s obligation – to provide you with the service you have asked for;

● Vodacom’s legitimate business interests – when it comes to developing and improving the service to gain insights through app analytics;

● Your communication preferences.

Third Party Offers

The Glow Service may contain links to third party websites or programs that are not controlled by or affiliated to Vodacom and/or its appointed service provider for this Service. Vodacom is not responsible for the content, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party.

Use of Information Submitted

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 may reject or delete any User content for any or no reason, including, but not limited to, User content that at the sole discretion of Vodacom, violates these Terms of Service.

You hereby grant Vodacom 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, commercialize, 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 service providers to exercise any of the rights granted to Vodacom under these Terms and Conditions.

No Warranty & Limitation of liability

Vodacom provides the Glow Service "as is" and without any warranty or condition, whether express, implied or statutory. Vodacom specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. To the extent allowed by law, Vodacom assumes no liability or responsibility for any errors or omissions in the Glow Service; any failures, delays or interruptions in the Glow Service; any losses or damages arising from the use of the Glow Service including, without limitation, any damage to your mobile device; or any conduct by users of the Glow Service. We reserve the right to deliver the Glow Service in our sole and absolute discretion.

In no event shall Vodacom and/or its service providers, its 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 the Glow Service 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 service providers and its 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 the Glow Service or your violation of any law or the rights of any third party.

How to contact us

Your opinion matters to us – if you have any questions about this privacysupplement, you can email us at: ask.privacy@vodacom.co.za or you can write to our privacy team at:

The Privacy Office – Legal Affairs

Vodacom (Pty) Ltd

Corporate Park

082 Vodacom Boulevard

Midrand

1685

Glow Service Competition

  1. To promote the Service, Vodacom (Pty) Ltd (“Vodacom”) is running a Competition (the “Competition”) where :two (2) customers stand a chance of winning a cash prize of R50 000 (VAT inclusive) or goods to the monetary value of R50 000 (VAT inclusive) (“the Prize(s)”)

  2. With the respect to the Prizes in clause 1 Vodacom shall, at all times and in its sole discretion, have the right to decide whether the Prizes should be in cash or goods to the monetary value of R50 000.
  3. All participants during the term of the Competition agree to be bound by the following Terms and Conditions.

Duration

  1. The Competition shall run from 00h01 on 01/06/2022 (the “Start Date”) to 23h59 on the 29/08/2022 (the “End Date”) (“term of the Competition”).
  2. Vodacom reserves the right to extend, suspend or curtail the term of the Competition at its sole discretion at any time.

Valid Entry

7. In order to stand a chance of winning in the Competition, participants are required to:

a) Join or be an existing Glow subscriber using the R25 a Week subscription service during the term of the Competition via your Vodacom bill either by:

i) dialing *126*5# USSD CTA or by sending the keyword “OK”/“YES” by SMS to 0820099022; or

ii) subscribing via the relevant web pages displaying the competition information and Prize

b) Collect at least 100 points during the term of the Competition.

c) Be successfully charged for the Glow Service, at least once during the term of the Competition.

8. This Competition is open to participants above 18 years old. Any participant under the age of 18 shall present their parent/guardian’s written consent at Vodacom’s request.

9. To subscribe for the Glow Service, Subscribers can send an SMS with the keyword “OK” or “YES” to 0820099022The relevant keywords will be communicated to subscribers via SMS during the promotion period.

10. To unsubscribe/cancel from the Glow Service users can send a free SMS with the cancellation keyword STOP or CANCEL to the respective dedicated SMS long code 0820099022 or by dialing *135*997# and selecting option1. Subscribers who join the Glow service are considered Users of the Service until they cancel their subscription.

11. Subscribers will also be able to obtain more information on the Competition by sending the following keywords to the SMS long codes for each category for free;

1. “INFO” to get more information about the service

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

12. Participants can enter multiple times. However, the chances of winning will remain subject to the points mechanics rules applying during the Competition period as stipulated in paragraph 5 of these terms and conditions.

13. There are no additional charges for participating in the Competition apart from the Service subscription charge to join the Glow Service, as explained in clause 7 above.

14. Vodacom shall not be liable for any costs incurred by the winners for entering the Competition or in claiming any Prizes, where applicable.

15. Data transfer speeds are not guaranteed and are dependent on network availability and utilization.

16. The Competition is open to residents of South Africa that are Vodacom subscribers, excluding all employees, representatives and agents of Vodacom, their respective parents and/or affiliated companies, contest suppliers, and those with whom any of the foregoing are domiciled.

Points Mechanism of the Service Competition:

17. The following points will be awarded to each participant for each validentry in terms of paragraph 8 of these terms and conditions:

Action

Points Earned

Upon successful charge

100

a) Points cannot be transferred from one Subscriber to another.

b) A participant will earn points during the term of the Competition every time a user is charged successfully on the Glow Service.

c) The number of points earned by each participant represents the number of entries that a participant holds in the random draw.

18. The winners will be selected by means of a random draw after the End Date as stipulated paragraph 4, from all eligible entries which meet the requirements set out in these terms and conditions. The draw will identify a winner and 10 runners up who will be entitled to become the winners in the event the first selected will not comply with all the eligibility criteria.

19. The Prize is not transferable and may not be used in conjunction with any other competitions. Vodacom may refuse to award the Prize if the qualifying 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 /withhold any Prize for any reason and will not be obliged to notify participants that they are rejected.

20. The claim for any Prize will be subject to security and validation. Vodacom reserves the right to withhold any Prize until it is satisfied that the claim by a particular winner is valid. The selected winner must be able to identify her/himself in a manner determined by Vodacom as the qualifying entrants to the Competition and shall comply with the required validation procedure, determined by Vodacom, in order to claim the Prizes. Failing which, such a winner will forfeit the Prize and the Prize will be awarded to the next selected qualifying participant. The winner will be contacted by Vodacom on the mobile phone number she/he used to participate in the Glow Service. Vodacom will attempt to contact the winner at least 3 times a day over a period of 1 week, between the hours of 9am and 5pm. Should a selected winner fail to claim the Prize, such a winner will forfeit or decline acceptance of the Prize. That person's right to the Prize will be deemed to have been waived and the Prize will be forfeited. Vodacom reserves the right to then award the Prize to the next selected participant.

21. Vodacom’s decision on any aspect of the Competition including the allocation of the Prize will be final and binding and no correspondence will be entered into. In the event of a dispute in regard to any aspect of the Competition and/or these Terms and Conditions, Vodacom’s decision will be final and binding and no correspondence will be entered into.

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

23. 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 will advise of arrangements in respect of the delivery of the Prize at the time of contacting the winner.

24. Notwithstanding the fact the Prize vests on the recipient immediately upon the determination of the results if the Prize 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.

25. Participants are not allowed to use machines that automatically send SMS messages or automate/facilitate the answer process or any other alternative of sending SMS messages, other than the mobile phone (this prohibits the use of any GSM modems attached to a computer or mobile phones attached to a computer). Vodacom reserves the right to disqualify any participants under the suspicion of breaking this obligation.

26. Neither Vodacom 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 Competition, 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 Competition or from claiming the Prize.

27. In addition, neither Vodacom nor its agents/service providers shall 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.

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

29. If the user of the mobile phone (i.e. the participant in the Competition) 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.

30. Only participants who are using SIM cards that have been RICA registered are eligible to win the Prize. Each owner of a SIM card(s) is responsible to comply with South African law by RICA registering their SIM cards.

31. The Competition is only open to natural persons. Entries received from business accounts held by legal persons (amongst other Corporates and SMEs, etc.) are excluded from participating in the Summer Campaign.

32. 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.

33. This Competition is organized in partnership with Upstream Systems (Pty) Ltd (the “Vodacom appointed service provider”).

34. Vodacom will share the following personal details of the winner: name, contact number, physical address, bank details (to the extent required in each case) with its appointed service provider(s) assisting with the Competition to be able to organize, manage and deliver Prizes for this Competition, and a Vodacom approved third party agency, who will notify the winner that he / she has won in the Competition, and you hereby agree to such disclosure as is necessary to effect Prize fulfilment. Vodacom’s service provider for this competition may need to transfer the information cross-border to Greece in order to enable the Competition.

35. User data collected via the Competition will not be used for any other purpose than for execution of the Competition. User data collected via the entry for this Competition will be stored for as long as we are legally required to and in accordance with Vodacom's Privacy Policy: http://www.vodacom.co.za/vodacom/terms/privacy-policy if there is no legal requirement, the collected information will only be stored for as long as it is needed.

36. If Vodacom is required by law to alter or cancel any aspect of the Competition or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the Competition with immediate effect and without notice. In such an event, all participants hereby waive any rights which they may have against Vodacom and its associated companies, agents, affiliates, contractors and/or sponsors.