Terms & Conditions
UPLIFE DIGITAL CONTENT SUBSCRIPTION SERVICES – TERMS AND CONDITIONS OF USE
- The content and services (“the Content Subscription Service/s” or “Content”) available on the UpLife digital storefront platform (“Digital Storefront”) are licensed to you as a user (“you”) subject to the terms and conditions contained herein.
- By accessing, downloading or subscribing to receive the Content and/or making use of the Content Subscription Services, you agree to be bound by the terms and conditions contained herein and the terms and conditions applicable to the Content Subscription Service that you have opted in to. The provision of the Content and the Content Subscription Services is governed by the applicable legislation and regulations.
Costs and billing
- The Content Subscription Service is provided to you at a fixed recurring fee (in the case of subscription services) or a once-off access fee. The pricing information is displayed on the banner for the Content Subscription Service, for example, an R1.00/day subscription. You are responsible for understanding these fees when you opt in and access the Content Subscription Service and/or when using the Content Subscription Services.
- Subscriptions are renewed automatically at the end of each subscription term (i.e. daily) for the same duration as the initial term. This renewal cycle will continue until you cancel your subscription.
- If your subscription renewal fails due to insufficient airtime, partial billing will apply. In cases where partial billing is applied, your subscription will be renewed by collecting an amount less than the original service fee for a given term. For example, if a renewal transaction for R1.00 is unsuccessful due to insufficient airtime, a partial collection of R0.50 (or less) may be attempted.
- In the event that your subscription renewal fails due to you having insufficient airtime available to pay the subscription fee, you will remain liable for the subscription fee while the Content Subscription Service remains active, and the subscription fee will be recovered at a later date. A maximum of three days’ missed billing may be recovered. This means that you may be charged more than once in a single day for a daily subscription, with the first successful charge being for the current day and the subsequent successful payment for the prior day/s where charging for the amount due failed.
- Prior to being granted access to the Content Subscription Service, you will be required to confirm your acceptance of the associated fees by completing Cell C’s opt-in process. No billing will take place against your account, and you will not receive access to any Content Subscription Service until this opt-in process is completed.
- Unless otherwise stated, all fees exclude data, SMS, MMS and associated delivery and access charges. Standard data, SMS and MMS charges apply.
How to unsubscribe
- You may cancel a Content Subscription Service anytime by dialling *133*1# to opt-out from a Content Subscription Service.
- No refunds whatsoever will be made on termination of your Content Subscription Service/s.
Customer support
- For customer support, dial 135 or 140 from your Cell C phone. Complaints and billing related queries can also be reported to customer support.
Promotions
- The Digital Storefront and/ or the Content Subscription Services made available on the Digital Storefront may run promotions from time to time. All promotions will be subject to the below terms and conditions, including the terms and conditions of the Content Subscription Service applicable to a running promotion.
- Information pertaining to the promotion’s; duration, rules, qualifying criteria, and prizes will be detailed in the relevant Content Subscription Service promotion terms and conditions.
- Cell C, its respective partners, directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors will assume no liability whatsoever for any direct or indirect loss or damage. This includes but is not limited to physical harm or death, howsoever arising from or as a result of an entrants participation in any promotion or the entrants redemption of any prize in terms of any promotion run by a promoter, or from any amendments to prize details and/or the terms and conditions of the promotions. All entrants (including the winner) hereby expressly indemnify Cell C and its respective partners, directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors in this regard and shall hold them harmless from all and any claims arising from or as a result of the above reasons.
- In so far as it is necessary, required by law or beyond the reasonable control of the Cell C or the promoter/s, Cell C and the promoter/s reserve the right to vary the nature of the promotion, the prize, or the promotion terms and conditions upon notice in this regard being published on “the Content” or in another appropriate medium. If the prize is limited or varied in this manner, the promoter/s shall replace the prize with a prize of a similar economic value.
- Winners shall be contacted in line with the details outlined in the applicable Content Subscription Service promotion terms and conditions.
- Promotion prizes are not transferable, are not exchangeable for another prize and cannot be sold.
- The decision of the promoter in respect of disputes arising out of any promotion shall be dealt with by the promoter in terms of the terms and conditions of the promotion. The decision of the promoter in this regard shall be final.
- The promoter/s reserves the right to withhold a prize until it is entirely satisfied that the claimant of the prize is the bona fide winner and reserves the right to call for such proof as it may deem necessary.
- The promoter/s shall request that winners consent in writing to their name, image and likeness being used and published by the promoter/s in connection with a promotion for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the promoter/s.
- By entering any promotion in connection to any of the Content Subscription Services on the Digital Storefront, all entrants give their consent to receive various marketing and promotional material from the promoter/s. Entrants will be provided with an opportunity to opt out of receiving such communications which may be via the relevant medium that such marketing communication was received. Customers will be able to opt-out of marketing communications via SMS by replying Stop to the SMS received.
- Winners agree that it is an express condition of all promotions that in order to be eligible to redeem the prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the prize, as well as an indemnity and/or waiver of liability as reflected in these terms.
Licence and terms of use
- The Digital Storefront and the Content Subscription Services made available to you are either owned by Cell C or licensed to Cell C, by the owner of the Content and/or the UpLife digital storefront platform.
- Any and all copyright and other intellectual property rights associated with the Content and Digital Storefront remain the property of Cell C or of the original owner.
- You are only entitled to use and store one (1) copy of any unique item of the Content made available to you.
- The Digital Storefront and the Content is provided to you for personal use only. You are expressly prohibited from forwarding, duplicating, replicating, reverse-engineering or otherwise manipulating the Digital Storefront and/or Content for use in any way.
- You are responsible for ensuring that unauthorised persons do not gain access to the Digital Storefront and/or the Content or makes unauthorised use of the Digital Storefront or Content Subscription Services, wherever reasonably possible. You will be held liable for any breaches of these terms and conditions, should an unauthorised person gain access to the same and use the Content or Digital Storefront it in any way prohibited by these terms and conditions.
- You further agree that you will be liable for all charges and fees in connection with the provision of Content and/or use of the Content Subscription Services by any third party, either authorized or unauthorized by yourself.
- If your SIM Card and/or devices are lost or stolen then you must immediately inform Cell C so that we can protect your interests and blacklist your devices from further use and/or block the use of your SIM Card. You will remain liable for all charges for the Content Subscription Services until you have asked us to block further use of your SIM Card and/or devices. You will not be liable for any charges incurred in respect of these Content Subscription Services by any unauthorised person after you have requested us to block your SIM Card and/or devices.
General
- Cell C may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, and the amended version will be displayed in the same media as these terms and conditions. We will notify you before we amend or otherwise change the terms and conditions.
- Each time you access the Digital Storefronts or respond to a promotional message distributing the Content you agree to be bound by the terms and conditions, as may be modified from time to time.
- Cell C reserves the right to immediately suspend the Content Subscription Services should any fraudulent activity be suspected, and if the outcome of an investigation proves that fraudulent activity did occur, we shall be entitled to terminate the Content Subscription Services immediately.
- Cell C and any of its partners, agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from a customers’ use of the Content Subscription Services.
- Cell C has the right to withdraw, or shorten the duration of the availability of the Content Subscription Services in its sole and absolute discretion and will notify customers if it chooses to do so. Customers will not have a claim against Cell C in this event.
- Any words, views or opinions expressed anywhere in the Content does not in any way reflect the views and opinions of Cell C.
- By agreeing to be bound by these terms and conditions of use, you give Cell C the necessary consent to send you targeted direct marketing messages based on historical subscription data. You are entitled to opt out of these direct marketing messages with the applicable “stop” command provided to you in such messages.
- The Digital Storefront is provided by Cell C Limited.
- Some services may not be suitable for your handset.
- Network fees may apply when accessing the content. Services may only be used with the permission of the bill-payer, or parent/guardian for children services.
- This service may not be used to :
(i) to intentionally engage in illegal conduct,
(ii) to knowingly create, store or disseminate any illegal content,
(iii) to knowingly infringe copyright,
(iv) to knowingly infringe any intellectual property rights, or
(v) to send spam or promote the sending of spam.
- Cell C has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations and has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.
Last updated 18 October 2022