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Ice club promotion Terms and Conditions

IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ICECLUB WEBSITE (.THE WEBSITE.), WEB PAGES OR ANY PART THEREOF.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE WEBSITE(S) IMMEDIATELY AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

Iceclub provides downloadable mobile entertainment content services (Service) including ringtones, with deployment of SMS, MMS, WAP, or via the Internet and other means of mobile content delivery systems. As a user, you acknowledge and agree that the download(s) and the Service are for your personal use. You may not or attempt to download or copy Iceclub’s content in any medium of transmittance or websites and activities of disclosure, distribution and transmittance, including, but not limited to, any download(s) of content.

Restriction of Service

  1. You agree that you will not allow unauthorized individuals to use your account as identified by your cellular phone number.
  2. You agree to indemnify and hold Iceclub, its partners, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your account.
  3. This is a subscription service; R5.00 per week until you unsubscribe;
  4. Additional R1 per download of content;
  5. All prices include VAT;
  6. Errors billed;
  7. Free SMSes and bundles do not apply;
  8. This service is available on all networks;
  9. Phone must be WAP & GPRS enabled;
  10. Bill payers permission required;
  11. Permission is required by parents or guardians for any person entering under the age of 18;
  12. Network + WAP charges extra;
  13. Updates sent until cancelled. By participating you agree to receive marketing material from IceClub and its associates from time to time;
  14. The service is open to all persons resident, or being in the Republic of South Africa;
  15. Termination and Cancellation of Services - To cancel the service just send Stop to 36305 or contact our helpline on 0822350400(VAS rates apply, free minutes do not apply) for support e-mail callcentre@integrat.co.za

USE OF WEB SITE AND RELATED APPLICATIONS TERMS AND CONDITIONS

The following terms and conditions are applicable to the use of the Iceclub website:

  1. INTERPRETATION
    1. In this agreement, unless inconsistent with or otherwise indicated by the context .
    2. "Iceclub representatives" means any of its directors, employees, agents or approved representatives; 1.1.3 "these terms and conditions" means these terms and conditions as set out herein together with the Network airtime contract with all addendams hereto;
    3. "confidential information. means personal information that belongs to you and is not generally available to or known by others, including your cell phone number;
    4. "Iceclub website. means the URL http://Iceclub.integrat.co.za and all inter-related links thereto shall be deemed part of the website as hosted by Internet Solutions:
    5. "you/your" means the customer using the Iceclub website and any of the related applications thereto; 1.1.7 "the services" means access to the Iceclub website, its functionality and related applications;
    6. "Network" means any Network Service Provider Company (Proprietary) Limited.
    7. The Clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
    8. This agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
  2. CUSTOMER ACKNOWLEDGEMENT

    You acknowledge and agree that:

    1. If you do not accept the terms and conditions stated herein, then your account shall not be activated to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the webpage. You should accordingly visit the webpage periodically to review the terms and conditions because they are binding upon you once you commence using the service.
    2. This service, including the Iceclub website is provided to you on an "as is.” basis without warranty of any kind, either express or implied. Iceclub makes no warranty as to the accuracy, completeness, currency or reliability of any content or processing available through the services. Iceclub makes no representations or warranties that the use of the services will be uninterrupted or error-free. You agree and acknowledge that you are responsible for your own anti-virus software to ensure that the content is virus-free.
    3. Iceclub specifically disclaims any liability, whether based in contract, delict, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or the use of the Iceclub website and its services, even if Iceclub have been advised of the possibility of such damages, including but not limited to any content obtained through the use of the services, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from you or any interruptions in telecommunication connections to this service or viruses, whether caused in whole or part by negligence, Acts of God, telecommunications failure, theft or destructions of, or unauthorised access to the service, or related information or programs.
    4. You acknowledge that Iceclub reserves the right to withdraw your access to the Iceclub website, without notice to you for any reason whatsoever and you in turn indemnify Iceclub and hold Iceclub harmless against any claims that you might have as a result thereof.
    5. Whilst Iceclub shall take all reasonable precautions to secure intrusions by any third party to the web site and your profile information Iceclub assumes no liability, responsibility or obligation should such a third party obtain access to your confidential information.
    6. Iceclub shall, from time to time, be required to conduct maintenance and/or repairs to improve the Iceclub website and related applications. Iceclub shall not notify you of such maintenance and accordingly you accept that the service may be interrupted during these periods.
    7. Iceclub do not warrant the clarity of the content received by you or that the same is compatible with your cellular phone, it being acknowledged by you that many factors external to Iceclub.s direct control can cause degradation to the quality of the content.
    8. You hereby unconditionally and irrevocably indemnify Iceclub including its employees, directors or any of its agents, distributors or independent contractors, against any claims of whatsoever nature which may be brought against Iceclub its employees, directors, agents, distributors or independent contractors by any person of whatsoever nature arising out of or connected with the use of this web site and or any of its applications, including any claims resulting from any negligent acts or omissions on the part of Iceclub its employees, directors, agents, distributors or independent contractors.
    9. Iceclub is hereby entitled, from time to time; to send you an SMS or email containing information about: updates, amendments to the Iceclub website as well as new products or services that you might be interested in. You will be provided the opportunity to unsubscribe to such SMS.s and or email notifications.
  3. CUSTOMER DATA
    1. You hereby consent that Iceclub may disclose your personal information, being your name, identity number and cellular number to:
      1. any person working for it;
      2. Iceclub for purposes of utilizing the services, who will be entitled to use the information for marketing purposes;
      3. any person to whom Iceclub transfers any of its rights or obligations under this agreement; and
      4. anyone you authorise Iceclub to give your confidential information to.
    2. Iceclub may cease to be a party in this service at any time without the customer.s consent and without notice to the customer. If Iceclub (or any assignee of it) ceases to be a party as so stipulated, it will continue to be entitled to use the customer.s confidential information in terms of these terms and conditions.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to ICECLUB and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User, all other rights to intellectual property on the Website are expressly reserved.
    2. No person may use logos, icons, or trade marks from the Website as hyperlinks or other purposes without ICECLUB's prior written consent.
  5. INCOMPATIBILITY AND DELIVERY
    1. Although Iceclub offers services available for a number of GSM mobile phones; some services are still only available on select mobiles. This is an issue with the handset manufacturers, hence out of Iceclub's control. You must obtain confirmation from your mobile service provider and/or mobile phone company that your mobile phone is compatible and able to receive our products before downloading any material and/or information from the Services. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile phone or loss of data resulting from any such incompatibility.
    2. Your Iceclub transaction is charged at the rate posted in the marketing material and on the site, per minute, on the relevant IVR line. You will be charged for this call irrespective of whether or not the message actually reaches the handset. If the handset is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the handset. Although Iceclub endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of items for download. A list of compatible mobile handsets is available on this website. It is important that you check this list before attempting to download any content.
  6. Download(s):
    All the information and any downloads made available to you as a part of the Service are entirely owned by Iceclub, its affiliates and licensors and are guarded by intellectual property laws. By completing the registration and the signing up of a Subscription, Iceclub grants you a limited, non-exclusive, non-transferable, revocable license to download and use the related Service on a designated compatible mobile phone or device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Downloads or the related Service except as expressly provided for in this Agreement.
  7. DELIVERY POLICY
    1. When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your mobile phone contract account or pre-paid account or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all of our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRM THAT YOU ARE NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT. BY USING THE WEBSITE AND ITS APPLICATIONS YOU ACKNOWLEDGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY YOU.




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