TERMS AND CONDITIONS – MUSICTIME!

NOTE: Please read these terms and conditions carefully. Your use of these services will constitute your agreement to comply with these terms and conditions. If you do not agree with these terms and conditions, please do not use these services. It is your obligation to review these Terms and Conditions regularly.

Customer care:
support@simfy.africa

GENERAL TERMS AND CONDITIONS

  1. DISCLAIMER
    1. Whilst every effort has been made by Simfy Africa (Proprietary) Limited ("Simfy Africa [Pty] Ltd") and its suppliers of information to ensure the proper performance of every service, Simfy Africa [Pty] Ltd, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered.
    2. Subject to any applicable law, in particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion.
    3. ERRORS ON YOUR PART WILL BE BILLED IN FULL.
    4. Subject to any applicable law, by using any of the Simfy Africa [Pty] Ltd Services and applications, you indemnify and hold us harmless against all or any loss, liability, actions, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages) and whether in action based on contract, negligence (save for gross negligence on the part of Simfy Africa [Pty] Ltd) or any other action, arising out of or in connection with failure or delay in performance of the Services offered or the use of said Services.
    5. In order to make use of any of our music services, the user is required to fulfil the necessary technical requirements on his or her own account. The user shall bear the costs of access to the internet as well as any possible connection costs incurred. These costs are not included in the services provided by the music service. Should the technical standards in the internet or music service change, the user shall adapt to these changes on his or her own account. We strongly advise all users to contact their service provider and ensure that they are on the best possible data package to minimise these costs.
  2. INTRODUCTION
    1. MTN South Africa, in conjunction with Simfy Africa, provides customers with access to a music streaming service (herein 'MusicTime!) as detailed in these Terms and Conditions.
  3. SCOPE
    1. These General Terms and Conditions (“T&Cs”) shall apply to all services that are offered using the MusicTime! applications for mobile and tablets as well as on websites (http://www.musictime.co.za and other URLs) hereinafter referred to collectively as: the “music service”). The service provider is Simfy Africa [Pty] Ltd, Infinity Business Park, 4 Pieter Wenning Rd, Fourways, 2191 (hereinafter referred to as: “Simfy Africa”).
    2. Upon completion of registration or by using the music service, the user acknowledges the validity of these T&Cs.
    3. With regard to the use of the applications for mobile and stationary terminals provided by Simfy Africa , these T&Cs shall also apply and may be (if applicable) supplemented by further provisions of the respective applications from time to time (e.g. End User License Agreement (EULA), etc.).
    4. The basic services offered by the music service are provided to you on an "as is" and "as available" basis. Simfy Africa uses its best efforts to maintain the quality and availability of its services, but is dependent upon third party service providers to provide some of its services and you should not assume that Simfy Africa is error-free or that it will be suitable for the particular purpose which you have in mind when using it.
  4. OVERVIEW OF THE SERVICES PROVIDED BY SIMFY AFRICA
    1. Through the music service, Simfy Africa provides access to the repertoire of many different music labels as well as an opportunity to communicate with other users.
    2. As users interact with the music service in different ways, a distinction is drawn between “Registered Users” and “Subscribers”. “Registered Users” are such users of the music service who have completed the registration process as stipulated in section 4 of these T&Cs. “Subscribers” are such users of the music service who have registered and paid for the music service as stipulated in section 8.
    3. These terms and conditions apply to “Registered Users” and “Subscribers” however certain sections apply to “Subscribers” only and are clearly marked as such.
    4. In these terms and conditions, we use the word ‘users’ to refer to all users of the service on a collective basis. Terms and conditions which make reference to “users” will be seen to cover all users of the MusicTime! service, brought to you by MTN South Africa.
  5. WHO IS ELIGIBLE TO USE THE MUSIC SERVICE.
    1. The service will be available to all MTN South Africa customers.
  6. REGISTRATION
    1. Prior registration is required in order to able to use the functions of the music service. To complete the registration process, the user will be required to enter the following:
      1. an MTN South Africa number,
      2. agree to the validity of these T&Cs and the privacy policy.
    2. In order to register, the user will be required to respond to an activation mechanism from Simfy Africa, which may include an OTP (one-time password) process or an SMS sent, to which the user must respond.
    3. This mechanism is used to validate the user, and ensure that the user is validly connected to the mobile number that they have entered in the registration process.
    4. Once registration has been successfully completed, the user shall have access to the application / s and related services.
    5. The user will receive 60 minutes of MusicTime! and 500MB of data for use on MusicTime! and Simfy Africa only. This will be valid for 7 days. Any unused balance at the end of 7 days will be forfeited.
    6. From time to time, Simfy Africa shall be entitled to prohibit users from registering without stating reasons.
  7. THE REGISTRATION PROCESS AND BILLING.
    1. To access the music service Customers will be responsible for downloading the MusicTime! application. Data costs apply.
    2. Handsets and/or devices including but not limited to the following, support the MusicTime! application:
      1. Apple iOS (iPhone, iPad and iPod touch) using iOS8 and later versions
      2. Android OS from version 4.1 and later versions.
    3. To successfully subscribe to the music service the Customer will be required to accept and adhere to these terms and conditions.
    4. Once successfully subscribed, a user profile / account will be created (“User/s”).
    5. Packages available through the music service will be provided at a cost of:
      1. R5 for the 120 min of MusicTime! and 500MB of data for use on MusicTime! and Simfy Africa only
      2. R10 for the 300 min of MusicTime! and 1GB of data for use on MusicTime! and Simfy Africa only
    6. These packages can be purchased from:
      1. From within the app (Android only)
      2. From the microsite www.musictime.co.za
      3. All of the above rates includes VAT.
    7. Users will require a positive MusicTime! balance to stream.
    8. Users will be able to purchase these bundles using their available MTN airtime in their account or by adding it to their bill in the case of post paid subscribers.
    9. All MusicTime! balance purchases are valid for a period of 7 days, if the purchased balance is not consumed within the valid days, it will expire.
  8. USER ACCOUNT
    1. After registration and activation, user shall be provided with a user account (hereinafter referred to as “account”).
  9. EVOLUTION AND THE NEED FOR FLEXIBILITY
    1. Some new handsets, service or networks may not yet be supported by Simfy Africa at the time of their launch.
    2. Simfy Africa makes no guarantee that your devices will work with our service.
    3. Note that certain devices within these listed platforms may not work with the service, due to limitations or constraints specific to the device
    4. Simfy Africa has a dedicated technical team who works constantly on supporting handsets and networks. Due to the fast-paced evolution of the mobile industry, we are working constantly to towards our goal of supporting all potentially compatible devices. If your device is not currently compatible, please do check with us at a later stage as we add new devices on an ongoing basis.
    5. Certain network operators may not have key coverage in place in all areas. As Simfy Africa is dependent on the networks for our service delivery we are bound by these coverage maps and will also not be able to deliver any service in these areas. Contact your local network for a list of recent areas they do not cover.
  10. CONTACT WITH THE USER BASE
    1. Simfy Africa shall have the right to contact “Subscribers” and “Registered Users” from time to time with marketing offers, newsletters, billing information or other information which we consider to be relevant to our users.
    2. Users may not unsubscribe from billing information, which includes receipts and payment information and may be required by law.
    3. Users can unsubscribe from other communications at any time, by following the unsubscribe instruction in the communication.
    4. Users are also welcome to contact our call centre at support@simfyafrica.com for assistance in unsubscribing from communications.
  11. SUBSCRIBERS
    1. Subscribers will be enabled to access the music service following a successful processing of payment as well as a successful completion of the registration process. Registration shall be granted only to those users who are able to conduct business without any restrictions.
    2. For the purpose of registration, it is necessary that the user specify personal data that will include their mobile number. The registration process is completed once the mobile number is confirmed.
    3. The user becomes a subscriber when they submit a binding offer to use the services and capacity of the music service by initiating and confirming payment and acceptance of terms and conditions. Simfy Africa shall accept said offer by clearing the user for access to the music service and a corresponding contractual relationship including an obligation to pay shall arise between the user and Simfy Africa.
    4. The current range of services of the music service shall be made available to the subscriber. The subscriber may obtain details on the functions as well as their availability and any enhancements and modifications at any time from the Simfy Africa website.
    5. The term of usage of the music service depends on the package selected by the subscriber (e.g. 120 min or 300 min) and shall begin upon clearance by Simfy Africa. The fee involved shall be due in the full amount at the start of the relevant period of use. Should Simfy Africa or any of its affiliate partners provide the subscriber with a free period of use (such as at the start of the subscription), all rights and obligations under these T&CS except for the requirement to pay fees, shall also apply within such period.
    6. All fees specified shall be subject to value-added tax at the applicable rate in applicable territories. The fees shall be paid using the payment procedure specified in the registration or payment process (credit card, mobile billing or such other methods as may be introduced from time to time). Simfy Africa may remit the user invoices and payment reminders via email or online communications. Where costs accrue to Simfy Africa due to reversals, costs not adequately covered and so on, the user shall bear such costs, insofar as he is responsible for these.
    7. Simfy Africa and or any of its affiliate partners is not obliged to provide free periods “gifts/trials” of use.
  12. MOBILE BILLING
    1. Simfy Africa follows a best practice Double Opt In system in order to prevent fraudulent transactions on a user’s mobile account. Dependant on the territory / partner regulatory procedures a user may be required to respond to instructions in an SMS [or other communications method] before any billing transactions are processed on their account.
    2. Please ensure that you have obtained the bill payer’s permission before requesting any content or using any of the advertised services.
    3. If you request a subscription service, Simfy Africa will bill you immediately and then at various times in the future as applicable (but such that the amount you pay never exceeds the advertised service price for the amount of service access you have had).
    4. Errors made by you will be billed in full.
    5. Usage of the service via a mobile device will require the user to have an Android or iOS smartphone mobile phone, which is compatible to the music service.
    6. Notwithstanding section 7.6, users of the music service may incur additional data charges once the allocated data has been depleted.
  13. CUSTOMER SERVICE
    1. For assistance: 086 117 4639, Monday – Friday: 08:00 – 17:00, Not available on weekends and public holidays
  14. COMPETITIONS
    1. Campaign:
      1. Simfy Africa [Pty] Ltd free airtime and Win R10 000 (the "Competitions"). This Competition is organized by Simfy Africa [Pty] Ltd (“MusicTime”) (the “Promoter/s”)
    2. Campaign Period:
      1. The Competition commences on 0:01 on 1 April 2019 and will continue until 23:59 on 30 April 2019 (the "Competition Period").
    3. Who May Enter:
      1. To be eligible to enter, the entrant must:
        1. be an registered MusicTime! user;
        2. 2 be a natural person;
        3. be resident in South Africa; and
        4. be 18 (eighteen) years or older.
      2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition, (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
        1. the Promoter/s;
        2. supplier/s of goods and or services in terms of this Competition; and
        3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
    4. How to Enter:
      1. During the Competition Period, the entrants that meet all of the criteria referred to in clause 3 above and must do the following in order to stand a chance to win:
        1. R100 MTN Airtime competition:
          1. Stream a selected track, take a screen shot and post it on the MusicTime Facebook page.
      2. Chance to win R10 000 competition:
        1. Have a positive MusicTime! balance; and
        2. Listen to the most music on MusicTime! throughout the month of April 2019 (excluding preview plays)
    5. The Draw
      1. The lucky draw for the R100 MTN airtime will take place on the 9th, 16th, 23rd and 30th of April 2019.
      2. Winners will be announced and notified a day after each draw.
      3. Winners will be notified on the Simfy Africa telephonically as soon as possible after the draw.
      4. The draw for the most minutes streamed in April 2019 for the R10 000 prize will take place on the 2nd of May 2019
      5. Winners will be notified on the Simfy Africa telephonically as soon as possible after the 2nd of May 2019.
    6. The Prize:
      1. Entrants that fulfil the requirements stated in clause 3 and 4 above, stand a chance to win:
        1. R100 MTN Airtime: The lucky draw prize for the Facebook image of the artists being streamed on MusicTime
        2. Chance to win R10 000. The Cash prize for the MusicTime registered user that streamed the most amount of MusicTime minutes in the Month of April 2019
    7. General:
      1. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s participation in the Competition or the entrant’s redemption of any Prize in terms of this Competition, or from any amendments to Prize details and/or the terms and conditions of this Competition. All entrants (including the winner) hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
      2. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Prize, or these terms and conditions upon notice in this regard being published on www.MusicTime.co.za or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter/s shall replace the Prize with a prize of a similar economic value.
      3. Winners will be notified on the Simfy Africa telephonically as soon as possible after the draw.
      4. With regard to clause 7.2 above, any amended terms and conditions published in any media, or on the MusicTime website www.MusicTime.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
      5. Winners entitled to 1 (one) prize.
      6. The Promoter/s reserve the right to withhold the 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.
      7. 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 this Competition 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.
      8. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein. If a winner is under the age of 18 years (a “minor”), the winner’s guardian or parent will be required to assist the minor with all and any necessary documents or agreements in connection with being able to take up any of the Prize/s in this Competition.
      9. By entering the Competition 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.
      10. Winners agree that it is an express condition of the Competition 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.
  15. OBLIGATIONS ON THE PART OF THE USER
    1. You acknowledge that by using Simfy Africa or any of the applications offered you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Simfy Africa is not responsible for any such content and you must use your own discretion in determining whether you wish to access this content.
    2. A user account is not transferable and may be used only by the user in whose name it has been set up. Passwords must be stored securely and protected from abuse.
    3. The user shall be liable for any damage caused by passwords and access details being forwarded to, or negligently falling into the hands of, third parties.
    4. When inserting a profile photo, the user is obliged to ensure that he is allowed to display the photos publicly, that the photos do not contain references to logos, brands or other commercial references to companies and the image on the photo does not breach the current legal requirements or third-party rights.
    5. Profile pictures may be checked by Simfy Africa before or after they go live. Simfy Africa reserves the right to delete any picture it deems offensive or inappropriate for any reason whatsoever, and particularly for any breach of these terms or any noted abuse in this section. We will attempt to notify users of this removal using the contact details provided in the registration process.
    6. Before links are set up by a user, the linked contents are required to be checked for breaches of legislation. Linking to illegal sites, notably those with extremist, seditious or offensive content is impermissible. Simfy Africa distances itself explicitly from linked content and does not assume liability therefore. The operators of third-party websites shall be exclusively responsible for the content of said websites.
    7. Users are prohibited from abusing the music service. Misuse occurs in particular if, via the music service;
      1. data is changed, deleted, suppressed or rendered unusable without permission,
      2. material of unconstitutional organisations or unconstitutional, notably racist ideology is disseminated,
      3. pornography is disseminated,
      4. offences against personal honour, notably insults or defamation are committed,
      5. there are breaches of statutory provisions or breaches of these T&Cs.
    8. The following activities of users and other third-parties shall also be prohibited:
      1. Commercial use of services and content of the music service.
      2. Use of mechanisms, software or scripts in connection with the use of the music service capable of affecting the operation of applications provided by Simfy Africa.
  16. INTELLECTUAL PROPERTY
    1. The user is aware and acknowledges that Simfy Africa is entitled to the intellectual property of the music service as well as all related applications, websites and other content.
    2. The user guarantees not to cause any damage whatsoever to such intellectual property.
  17. DATA PROTECTION
    1. Simfy Africa is aware of the sensitivity of the user’s data and therefore places particular emphasis on the security thereof.
    2. The user, notably the registered user and the subscriber know and accept that Simfy Africa shall be entitled to store and process personal data as well as data relating to their use of the music service or any of its applications in order to honour and respect Simfy Africa’s obligations relating to licensing provisions as well as to be able to carry out the billing and processing of this agreement.
    3. Simfy Africa also advises users to check the individual provisions of the Privacy Policy, available on the Simfy Africa and or partner specific websites.
  18. ASSIGNABILITY
    1. Simfy Africa may assign the agreement and the rights of Simfy Africa associated with the agreement with regard to the registered user or subscriber to third parties.
    2. The registered user or subscriber shall not be allowed to assign the agreement or the rights associated with the agreement to third parties.
  19. INDEMNIFICATION RELATING TO A BREACH OF THIRD PARTY RIGHTS
    1. Where third-party rights are violated as a result of the user using the music service, the user shall upon request by Simfy Africa immediately cease illegal use or use contrary to contract.
  20. AVAILABILITY OF THE MUSIC SERVICE
    1. The user acknowledges that the music service, for technical reasons, cannot always be fully available, above all because of potentially necessary maintenance and security activities as well as events that are not under Simfy Africa’s control.
  21. UNLAWFUL CONTENT / REPORTING
    1. Simfy Africa distances itself explicitly from illegal, in particular right-wing extremist, extremist, pornographic, seditious or offensive content.
    2. Where Simfy Africa has not detected such content due to the amount of content which is supplied to it by third parties, Simfy Africa requests that guests and users who come across such illegal content notify Simfy Africa, disclosing as much accurate information where possible in writing (letter, fax, email), thereby allowing the content concerned to be identified, so that a review and deletion of the content may follow if justified.
  22. FINAL PROVISIONS
    1. Simfy Africa shall reserve the right to amend these T&Cs at any time without stating the reasons, unless the user cannot be reasonably expected to accept said amendments.
    2. In the event of an objection being raised by the user, Simfy Africa shall be entitled to terminate the account of the user without notice.
    3. Should one or more of the provisions of these T&Cs be or become ineffective, this shall not affect the validity of the remaining provisions. The parties hereto undertake to replace the invalid provision
© 2019 simfy africa. All rights reserved. Version: 1 April 2019