Vodacom is the provider of the Playinc Service (the “Service” or “Playinc”), in its various formats accessible via mobile and desktop/laptop devices. The terms of this agreement (“Terms and Conditions”) govern the relationship between you and Vodacom and its affiliates) (hereinafter “Playinc” or “Us” or “We”) regarding your use of Playinc’s Service and related features (the “Service” or “Playinc”). Use of the Service is also governed by Privacy Policy which is incorporated herein by reference.

1. Your Acceptance of these Terms and Conditions;

- Please read these Terms and Conditions and the Privacy Policy carefully before using the 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 accept these Terms and Conditions, please do not use the Service.

- We reserve the right, at any time, to modify and update these Terms and Conditions by posting such updated Terms and Conditions on the Playinc website. 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.

2. General

2.1 We grant you permission to use the Service, in accordance with these Terms and Conditions, provided that:

2.1.1 Your use of the Services is only for your personal, non-commercial purposes;

2.1.2 You do not copy or distribute any part of the Service in any medium;

2.1.3 You do not modify or reverse engineer any part of the Service; and

2.1.4 You comply with these Terms and Conditions.

2.2 We reserve the right to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason on prior notice to you and without any liability to us.

2.3 We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, or any discontinued parts thereof

2.4 You acknowledge that we may publish upgraded versions of the Service and these will be incorporated automatically into Playinc.

2.5 If you are a Vodacom subscriber, you can browse the Service without incurring any data charges (browsing is zero rated). Data used for downloading, playing, and the downloading of additional features of the games to your device will be charged at standard data charges as per your existing tariff price plan.

2.6 If you are not a Vodacom subscriber, both browsing of the Service and where applicable, initial game downloading, playing usage, and the downloading of additional features of games to your device will be charged at standard data charges as per your existing tariff price plan with your existing network provider.

2.7 You acknowledge that from time to time, the Service’s availability may be limited due to maintenance, upgrade or other technical reasons as relevant.

2.8 To the extent allowed by law, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied. We do not warrant that you will be able to access or use the service on any device, or any time or location, or that the service will be uninterrupted or error-free.

2.9 You acknowledge that we may appoint third party companies and individuals to facilitate the Service (e.g. for the purposes of maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to process information for the performance of these tasks and not to disclose or use it for other purposes.

2.10 If you are a non-Vodacom subscriber, you acknowledge that Vodacom reserves the right to offer the Service, or certain features of the Service, exclusively to Vodacom subscribers. You accept that in some cases, should you wish to access / use the Service features that are not available to non-Vodacom subscribers, you may need to become a qualifying Vodacom subscriber to do so.

2.11 The Service includes the provision of news and videos about various games and related platforms. We maintain and own the relevant licenses and rights to display and provide such content via the Service. We may not be held liable for any harm or loss of whatsoever nature arising as a result of any unintended inaccuracies or discrepancies in the content and/or the Service.

2.12 Through the Service, we may occasionally offer you the opportunity to enter into challenges, contests, and competitions, which shall be subject to further terms and conditions or rules. By entering into such challenges, contests, and competitions, you agree to be bound by such additional terms, conditions and rules. In the event of a conflict between these Terms and Conditions and the specific rules of any such challenges, contests or competitions, the specific rules of such challenges, contests or competitions shall govern to the extent of the conflict.

2.13 These Terms and Conditions apply to all users of the Service, including users who are also contributors of information, and other materials or services on the Services. The Service may contain third party advertisements, content, materials, and/or links to third party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies or practices of any third party websites. By using our Service, you expressly release us from any and all liability arising from your use of any third party website or as a result of any third party presence on our Services.

2.14 You agree to use the Service in good faith and in accordance with all applicable laws. Refraining from using the Service for illegal purposes, or in a manner that is contrary to any applicable laws, harms the rights and/or interests of others, or in any way damages, disables Terms, or overburdens or impairs the Service.

2.15 You shall abstain from obtaining or attempting to obtain information, messages, graphics, pictures, sound files and / or images, photographs, recordings, software and generally any kind of material accessible using means or other than that which the Service provides.

3. Additional provisions regarding Registered Users

3.1 When creating an account on Playinc.com or the PlayInc Mini App within Vodapay app, you will be asked to submit the following personal information on Playinc to become a registered user.

- Mobile number

- A stated username (only required on Playinc.com)

3.2 By registering, you agree to the following additional rules:

3.2.1 Only one registration is permitted per mobile number. Vodacom and non-Vodacom (where they have the technical ability to access the service) customers within the Republic of South Africa may register to use Playinc.

3.2.2 You acknowledge that the Service has certain content or features, which are locked and unavailable for access unless you register.

3.2.3 You acknowledge that the subscription for Playinc.com and Playinc Mini App are separate and not transferable. As an example, if you are subscribed to Playinc.com and wish to subscribe to Playinc Mini App, you will be required to unsubscribe first from Playinc.com, and vice versa.

3.2.4 Once registered to use Playinc, you give us consent to provide you with various notifications and messages about / based on your interaction with the Service. These notifications will be delivered to you in the form of text messages, in-browser or in-app notifications.

3.3 These messages include, but are not limited to:

3.3.1 Periodic messages to encourage you to browse or access the Service, or inform you of various features on the Service, new or existing;

3.3.2 Messages inviting you to share, voluntarily, additional data about yourself or your preferences;

3.3.3 messages inviting you to try alternate versions of the Service based on Our knowledge of the device you are using to access the Service;

3.3.4 Confirmation messages relating to your registration or deregistration for the Service, and/or when you purchase / subscribe / unsubscribe to any premium services available on the Service;

3.3.5 Registered users may deregister (“quit”) at any time via the Service menu. When deregistering from the Service, you accept that your old profile and preferences will be retained for a period of 2 years for audit purposes.

4. Subscription Service(s)

4.1 Registered users are given access to various subscription services, You acknowledge and accept these service require payment on a once off or subscription basis. Payment will be deducted from or billed to your account in the way of Prepaid, Postpaid or via VodaPay billing options respectively.

4.2 Subscription services carry a recurring subscription charge,

4.3 Subscription for the premium service and usage is voluntary and occurs via the Service menu. This charge is subject to change at our discretion. Any changes therein will be communicated to subscribed users with reasonable notice and you will be afforded the option to unsubscribe should not agree with any changes.

4.4 The current subscription services and relevant price points are detailed below

Premium Service Name	Premium Service Duration (recurring)	Premium Service Cost	Free Trial	Accessible Features
Playinc Lite Monthly (Vodapay)	30 days	R20 / monthly	30 days
	7 days	R10 / weekly	1 day
	1 day	R2 / day	1 day	All Playinc Games on Vodapay
Playinc Arcade	1 day	R2 / day	1 day	Grants users access to the Playinc Arcade feature only
Playinc Premium	1 year	R199	1 day
	30 days	R59	1 day
	7 days	R25	1 day
	1 day	R5	1 day	Full access to all Playinc Features

4.5 You acknowledge that some premium services may have a free trial period applicable for a limited time, after which the related price for that service will be chargeable to you.

4.6 No refunds are permitted for partial use of the Service.

4.7 If you are a non-Vodacom subscriber using the Service, we will attempt to recover any subscription fees due and payable for a period of 90 (days) from when the payment is due. After the end of the 90 day period you will not have access to the Service.

4.8 Subscription based premium services will remain active, unless:

- You miss the applicable recurring charge for a period of 30 days,

- You unsubscribe from the applicable premium service; or

- You deregister your account in Playinc.

4.9 We reserve the right to cancel your premium subscription(s) at any time.

4.10 The Content(s) of the Service and the corresponding related rights, including but not limited to games, news and videos that you access, download and/or use are valuable intellectual property of their respective owners. It is strictly forbidden to transfer such Content to another device, except where the purposes of such a transfer is permitted (for example, the sharing of certain content to social media), regardless of the means or purpose of the transmission. Copying, redistribution or other use of the Content to that for which it has been offered is expressly prohibited.

4.11 You acknowledge that in cases where we are unable to bill the full value of the daily subscription we may at our discretion re-attempt billing for a lesser amount, being R3, R2 or R1 or any reduced amount as we may determine from time to time dependent on the available customer balance until the full amount is collected. If we are successful in billing an amount, in part of or in full for the end of the applicable subscription period, that billing record will stand as the completed billing for that particular period (day). Billing for the next period will revert back to attempting to bill the full stated price. Billing does not occur in arrears.

4.12 In the event that you are a Vodacom prepaid or topup 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 30 days after the last successful bill collected. Should we be unable to collect any funds for a period of 30 consecutive days, you will be automatically unsubscribed from the Service.

5. Playinc Arcade

5.1 As part of the Service, from time to time, activities will be available to users to compete in to earn spot prizes (“Arcade Activities”).

5.2 Only users that are subscribed to a the Playinc Arcade or Playinc premium subscription services may partake in Arcade Activities.

5.3 Arcade Activities will be clearly displayed as part of a dedicated Playinc Arcade area of the Playinc platform.

5.4 Prizes earned as part of Arcade Activities are not transferable.

5.5 We reserve the right to amend or remove specific Arcade Activities at any time. Where applicable, you will be notified if such a change has an impact on you.

5.6 If you deregister from the Service, all prizes accumulated and progress for any Arcade Activities, will be forfeited.

5.7 Certain Arcade Activities will be tracked for a specified time period. At the end of that period, the activity will conclude andprizesand prizes may be awarded to the applicable winners as per the rules of that specific activity.

5.8 You agree to be bound by the additional terms, conditions and rules of the specific Arcade Activity you choose to enter into, including the rules for how prizes are won and awarded. In the event of a conflict between these Terms and Conditions and the specific rules of any such challenges, contests or competitions, the specific rules of the Missions shall govern to the extent of the conflict.

6. Unless otherwise stated, only Playinc Users with an active subscription will be eligible to compete for Prizes on Playinc Arcade within the qualifying period(s) (“the contest period”).

6.2 Vodacom reserves the right to disconnect and suspend the service of non-compliant SIMs and non-compliant devices (as specified by the regulating body ICASA) that are being used on the Vodacom network for the purposes of the competing for Playinc Prizes.

6.3 All participants during the contest period agree to be bound by the following terms and conditions:

6.4 If the User wins a Cash Prize, they will be sent a notification confirming the reward with a reference number.

6.5 This notification will be sent to the customer by SMS. Vodacom reserves the right to request sight of this SMS when awarding the Reward.

6.6 Vodacom or a nominated party will contact the winner telephonically within 5 working days.

6.7 Vodacom will use its reasonable efforts to telephonically contact the first winner or first three winners depending on the rules of the applicable contest on the mobile number linked to the User’s Playinc account. If Vodacom is unable to contact this winner after taking reasonable efforts to do so, then 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 qualified participant.

6.8 The winning User will be required to complete an indemnity form confirming their banking details which will be used to complete the payment into the winning User’s bank account.

6.9 Payments will be made within 30 working days if all required documentation is received.

6.10 Vodacom reserves the right to award any forfeited Prize to another participant in the specified contest period.

6.11 In the event of a Data Prize being allocated, this may not require the User being contacted telephonically. Rather, Data Prize fulfilment may be achieved through Vodacom’s Customer Management System. In that case, the User will receive the Data Prize by way of receiving a PIN code via SMS (during standard operating hours) to enter into their Vodacom mobile phone to redeem the prize, or the Data Prize will be allocated directly to the User, again receiving notification via SMS.

6.12 Prize Winners need to been billed at least 1 time during the current active subscription.

7. Prize Fulfilment in regard to Playinc Arcade

7.1 Participants must be in possession of a valid SA identity document or valid permanent residence permit valid for a period exceeding 12 (twelve) months for the Republic of South Africa.

7.2 The selected winners must be able to identify themselves (in a manner determined by Vodacom) and must comply with the required validation procedure in order to claim the prizes.

7.3 The selected winners must have complied with these Terms and Conditions to compete for the respective prizes.

7.4 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 Competition as well as in regard to the prize shall terminate. Vodacom will advise of arrangements in respect of the prize fulfilment at the time of contacting the selected winners.

7.5 Notwithstanding the fact the prize vests on the winner immediately upon the determination of the results, any prize that remains unclaimed after a month of contact or no reasonable effort is made on the part of the winners to claim the prize despite having been advised of the results of the respective periodic contest will be forfeited.

7.6 Cash Prize winners will be contacted during working hours (08h00 to 17h00) by phone after the successful conclusion of a contest period be it either Weekly or Monthly, using the mobile number associated with his/her Playinc account.

7.7 Vodacom (Pty) Ltd shall attempt to contact the winner for a period of 5 (five) working days after the successful conclusion of an Arcade Activity.

7.8 Should a participant not be available on the contact number during the timeframe stipulated or reject, 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 qualified participant.

7.9 The claim for the prize will be subject to security and validation, failing which the winner will forfeit the prize and the prize will be awarded to the next selected qualifying participant.

7.10 If a winner cannot accept the prize for any reason whatsoever, the prize will be awarded to the next selected qualifying participant.

7.11 Vodacom reserves the right to withhold any prize until it is satisfied that the claim by the winner is valid.

7.12 In the event that the user of the mobile phone (i.e. the mobile number linked to the User’s Playinc account) 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.

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

7.14 The winner’s names and location may be displayed on www.vodacom.co.za/vodacom/competition-winners as well as Vodacom Social Media Assets as well as on screens/in store TV within Vodacom Approved sales channels and approved Vodacom partner Social Media Assets specific to Playinc.

7.15 The prize is not transferable or exchangeable for other Vodacom good or services.

7.16 The auditor’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.

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

7.18 User data collected from the winner post successful conclusion of a contest period will not be used for any other purpose other than the fulfillment of the prize to the winner.

7.19 This User data collected will be stored for as long as it is legally required to and in accordance with Vodacom’s Privacy Policy Privacy Policy, if there is no legal requirement, the collected information will only be stored for as long as it is needed.

7.20 Employees, directors and agents of Vodacom and all participating stores, their immediate families, life partners, business partners and associates and any person directly involved with the sponsoring, devising, production, management or marketing of the Playinc Weekly or Monthly contests are not eligible to receive the respective prizes.

7.21 Vodacom is not liable for any technical failures affecting participation in the weekly and/or monthly contests and / or prize redemption process.

7.22 Vodacom shall not be liable for taxes or any costs incurred by the winners for participation in the weekly and/or monthly contests or in claiming the prize.

7.23 Neither Vodacom nor any other person or party associated with the Competition, 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 weekly and/or monthly contests or from claiming the prize or after claiming the prize.

7.24 If Vodacom is required by law to alter or cancel any aspect of the weekly and/or monthly contest or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the contest(s) being offered, with immediate effect and without notice. In such event all entrants hereby waive any rights which they may have against Vodacom and its associated companies, agents, contractors and/or sponsors.

7.25 Vodacom may refuse to award the prize if 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 any participant for any reason and will not be obliged to notify that they are rejected.

8. Vouchers

8.1 Vodacom reserves the right to award a voucher as random act of kindness, as part of a competition win, promotional trial from our retail channel, or as a reward from Shake Every Day / Just 4 You / Vodacom Loyalty & Rewards. No vouchers will be purchased available to be purchased. Vouchers are only valid on purchases made in South Africa from Playinc.

8.2 You will be required to register a Playinc account in order to use a voucher.

8.3 Vouchers are not redeemable for cash or resale and are not refundable.

8.4 Where vouchers have been assigned to a specific mobile number, vouchers are not transferable to another mobile number.

8.5 We are not responsible for any loss or damage resulting from lost or stolen vouchers or use without permission.

8.6 Unless otherwise specified, vouchers are valid for a period of 3 months from date of activation.

9. Competitions, Promotions and Campaigns

9.1 Playinc shall periodically run competitions, promotions and campaigns not inherently related to Playinc arcade as stated above in points 5.

9.2 Playinc reserves the right to run, to extend or curtail the term of the competitions, promotions and campaigns at any time, for any period for the duration that the Playinc service is available in South Africa at its sole discretion.

9.3 All participants during the term of the competition, promotion or campaign agree to be bound by the following Competition Terms and Conditions, which is subject to change without any prior notification to any participant.

9.4 In order to participate on any competition, you will be required to register a Playinc account along with a valid subscription, unless otherwise stated.

9.5 Prizes are not redeemable for cash or resale and are not transferable to another Mobile Number.

9.6 Playinc is not responsible for any loss or damage resulting from any Competition run on our Service.

9.7 Playinc reserves the right, at its sole discretion to discount subscription price consistent with the duration of competitions, promotions and campaigns

10. Ownership

10.1 All rights, title and interest in and to the Service including, but not limited to, any games, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by us, or the respective third party service owner. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service.

10.2 We own, have licensed, or otherwise have rights to use, or provide all of the games that appear in the Service.

10.3 For certain content such as drawings, designs, sounds, videos, texts, photographs, news articles etc. you acknowledge that we do not have full ownership of these elements nor do we own all of the development information contained therein, therefore some of this content may not be accurate or updated. We are therefore not responsible for any information or content obtained from linked sites.

10.4 By using the Service, you acknowledge and agree that we do not control and do not guarantee the absence of viruses in the content of the linked sites, nor the absence of other elements that could produce alterations in computer systems or electronic documents and files stored on computer systems.

10.5 By using the Service, you acknowledge and agree that Vodacom, and its subsidiaries, third party partners and/or affiliates, are excluded from any liability that may be caused by unauthorized use of trademarks or other 10.6 Intellectual property rights by or on linked sites. Similarly, any references made on this page to any product, service, process, linked site, hypertext or any other information on which brands and/or domains signs, trade names or names used in manufacturing, supplier, etc. that are owned by others, at no time constitute or imply endorsement or recommendation by us, our subsidiaries, third party partners and/or affiliates.

11. Your Obligations and Entitlements

11.1 In addition to the rules set out in these Terms and Conditions, your registered use of the Service and any features allowing interaction with the Service is subject to the following guidelines:

11.1.2 You may not post, transmit, link to or otherwise distribute falsehoods or misrepresentations that could damage us or any third party.

11.1.3 You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Services.

11.1.4 You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someone’s privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.

11.1.5 You may not impersonate or falsely suggest your association with another person, or submit materials in another person’s name.

11.1.6 You may not reverse engineer, de-compile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service.

11.1.7 You may not solicit or attempt to solicit personal information from other users of the Service or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

11.1.8 You may not attempt to gain unauthorized access to the Service, or Registered accounts using the Service, or the computers, servers, or networks connected to the Service by any means other than the user interface provided, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

11.1.9 You may not using the Service for purposes or effects contrary to law.

11.1.10 You may not reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the Service, unless you have obtained the authorization of the corresponding rights or it is legally permitted.

11.1.11 You may not remove, ignore or manipulate the "copyright" and other data identifying our rights in the Service.

11.1.12 You may not use the contents and information of any kind obtained through the Service to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed a plurality of people regardless of their purpose, and to refrain from selling or otherwise disclosing such information.

11.1.13 You may not violate in any way the rights of intellectual property pertaining to Us or our third party partners whose contents are found in the Service.

11. 2 Vodacom assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.

11.3 Your use of the Service is at your own risk.

11.4 You hereby grant to 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 Us the right to authorize others to exercise any of the rights granted to Us under these Terms and Conditions.

12. Limitation of Liability

12.1 You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or services linked to these services and assume no liability or responsibility for any\Errors, mistakes, or inaccuracies of content;

12.1.1 Personal injury or property damage of any nature whatsoever resulting from your access to and use of the services;

12.1.2 Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;

12.1.3 Any interruption or cessation of transmission to or from the services;

12.1.4 Any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party; or

12.1.5 Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

12. 2 To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use these services or its content, or any product or service described or provided through the services.

12.3 Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to:

12.4 Any use or alleged use of the Service by any other person, whether or not authorized by you;

12.5 Your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and

12.6 Your violation of any law or

12.7 Your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.

13. Privacy and data protection

13.1 For the purpose of providing this Playinc we will collect information on your MSISDN, name and preferences. This information will be shared with Mondia Media, our appointed service provider and maybe transferred across the border in order to enable the provision of the service. The Privacy Policy shall apply in addition to these terms and conditions.

13.2 Should you choose to Unregister or Delete your Playinc profile, Vodacom will store your mobile number for as long as we have to by law. If there’s no legal requirement, we’ll only store it for as long as we need it for the purposes of occasionally keeping you informed generally about new products and services (unless you choose not to receive our marketing messages).

13.3 To access and use the Service you must be 18 (eighteen) years of age or older.

14. How to opt-out?

14.1 If you want to opt out of Playinc service and content notifications, alerts or messages, use the Service menu to navigate to your profile to manage your notification settings..

14.2 Please note you may not opt out of system messages.

14.3 You can choose to opt out of partner communications specifically by sending a sms with STOP to 30881.

14.4 Should you have the Playinc Mobile App installed, you can adjust App specific notifications via your respective mobile device “Notification” Settings.

15. YouTube Terms of Service & Google Privacy Policy

This service makes use of API's to Youtube for videos and is governed under the YouTube Terms of Service and the Google Privacy Policy, please refer to the YouTube Terms of service and Google Privacy Policy here.

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