Terms and Conditions

CELLC.MOBI CONTENT SUBSCRIPTION SERVICES – TERMS AND CONDITIONS OF USE

  1. Cell C (‘We’) licences these content and services (‘the Content’) to you, which content and services are available on the cellc.mobi portal and USSD menu, subject to the terms and conditions contained below.
  2. You understand that by accessing, downloading or subscribing to receive the Content, and/or making use of the Content Subscription Services you are agreeing to be bound by the below terms and conditions. The Content and the Content Subscription Services are governed by South African law and the applicable legislation.

Costs

  1. We provide the content to you at a fixed recurring fee (in the case of subscription services) or at a once-off access fee. It is your responsibility to ensure that you understand these fees when opting-in to receive access to the Content and/or when making use of the Content Subscription Services .
  2. Subscriptions are renewed automatically at the end of each subscription term for the same duration as the initial term, i.e. daily.
  3. This renewal cycle will continue until you cancel your subscription.
  4. If your subscription renewal fails due to insufficient airtime or available credit on your account, partial billing will apply. In cases where partial billing is applied, your subscription will be renewed through the collection of 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 funds, a partial collection of R0.50 (or less) may be attempted.
  5. If a daily charge for your subscription fails due to you having insufficient credit in your account, you remain liable for this charge while your subscription remains active and this charge will be recovered at a later date.
  6. 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 any subsequent charge(s) for prior days where charging for the amount due, failed.
  7. Before you are granted access to the Content, you will be required to confirm your acceptance of the associated fees by completing Cell C’s double opt-in process. No billing will take place against your account and you will not receive any Content until this double opt-in process is completed.
  8. Unless otherwise stated, all fees exclude data, SMS, MMS and associated delivery and access charges. Standard data, SMS and MMS charges apply.

Licence

  1. The Content and Content Subscription Services made available to you is either owned by Cell C or licensed to Cell C, by the owner of the Content.
  2. Any and all copyright and other intellectual property rights associated with the Content remains the property of Cell C, or of the original owner in the case of licensed Content.
  3. You are only entitled to use and store one (1) copy of any unique item of Content made available to you.
  4. The Content is provided to you for personal use only. You are expressly prohibited from forwarding, duplicating, replicating, reverse-engineering or otherwise manipulating the Content for use in any way.
  5. You are responsible for ensuring that unauthorised persons do not gain access to the Content or make use of the 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 Content and use it in any way prohibited. by these terms and conditions.
  6. Notwithstanding the double opt-in process, you understand and accept 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.
  7. 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.
  8. 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.
  9. You will however 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

  1. We may amend, modify or otherwise change these terms and conditions, in our 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 these terms and conditions.
  2. Each time you access the cell.mobi website, the Cell C USSD Entertainment Menu 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.
  3. You may cancel the Content Subscription Services at any time by sending an SMS containing the relevant “stop” command to 14788 (this SMS is free). The applicable “stop” command to the Content you have subscribed to will be provided to you by SMS when you complete the double opt-in process
  4. No refunds whatsoever will be made on termination of your Content Subscription Services.
  5. We reserve 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 will be entitled to terminate the Content Subscription Services immediately.
  6. We and any of our agents, directors, affiliates, members or employees will not be responsible in any way for any claims, loss or damages (either direct, indirect, consequential or otherwise), arising from your use of the Content Subscription Services.
  7. We have the right to withdraw, or shorten the duration of the availability of the Content Subscription Services in our sole and absolute discretion and will notify you if we choose to do so. You will not have any claims against us in this event.
  8. Any words, views or opinions expressed anywhere in the Content does not in any way reflect the views and opinions of Cell C.
  9. 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.
  10. This service is provided by Hyve Mobile (Pty) Ltd (“HyveMobile”).
  11. For support, dial 135 from your cellc phone.
  12. HyveMobile is a member of WASPA and is bound by the WASPA Code of Conduct.
    Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure.
  13. HyveMobile may be required to share information relating to a service, you or a customer with WASPA for the purpose of resolving a complaint. WASPA website: waspa.org.za
  14. Some services may not be suitable for your handset.
  15. Network fees may apply when you access the content.
  16. Services may only be used with the permission of the bill-payer, or parent/guardian for children services.
  17. 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.

  1. HyveMobile 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: AUGUST 2021

General Rules of the Cell C Content Clubs and Monthly Prize Giveaways

It is important that if you understand and agree to these terms and conditions in order for you to participate in the Promotion.

  1. This SMS, PCM and USSD Promotion is organised and sponsored by Cell C (Pty) Limited, registration number 1999/007722/07 (“Cell C“). The Cell C airtime and Whatsapp bundle prize giveaway is open to all Prepaid and TopUp Cell C customers only who subscribe to any Cell C Content Services during the Promotion Period (defined below).
  2. This Out of Funds page Promotion is organised and sponsored by Cell C (Pty) Limited, registration number 1999/007722/07 (“Cell C“). The Cell C airtime and Whatsapp bundle prize giveaway is open to all Prepaid and TopUp Cell C customers only who subscribe to any Cell C Content Services during the Promotion Period (defined below).
  3. Directors, members, partners, employees or agents of or consultants to CellC, or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible for the Promotion and cannot win prizes.
  4. The airtime vouchers and WhatsApp bundle promotion giveaway mentioned in points 1 – 3 will run from 1st March 2022 until the 1st April 2022 (“the Promotion Period”).
  5. You understand that all information (including these terms and conditions) relating to this Promotion published on any promotional or advertising material or on our website at any time before or during the Promotion Period will form part of the terms and conditions of entry. Cell C also has the right to withdraw this Promotion before the final day.
  6. Cell C reserves the right to withdraw this Promotion or amend the terms and conditions of this Promotion at any time before the Promotion Period is over, in its absolute and sole discretion, on notice to you.

Prize:

  1. Airtime voucher giveaways for SMS, USSD, PCM and Out of Funds page Promotions – Number of airtime vouchers to be given away – 25 winners (25 winners x R100 voucher for each winner = R2 500 total) if subscribed to any content service over the promotional period.
  2. WhatsApp bundle giveaway for SMS Promotions – Number of bundles to be given away – 100 winners (100 winners x R29 WhatsApp bundle voucher for each winner = R2 900 total) if subscribed to any content service over the promotional period.
  3. You understand and agree that you cannot exchange your prize for cash. Cell C reserves the right to substitute or exchange any prize with another prize of similar commercial value without notice, in their sole discretion. You will not have a claim against Cell C in this instance.

How to participate and awarding of prizes:

  1. To participate to the USSD and SMS airtime voucher and WhatsApp bundle prize promotions, you must subscribe to any Cell C mobile content service on cell.mobi or services on the *147*6# USSD menu or to any Cell C mobile content service promoted via the *147*6*2# direct USSD string during the promotional period.
  2. To participate to the PCM airtime and prize promotions, you must subscribe to the Cell C content service promoted via the direct USSD string displayed on the Please Call Me advertisement you receive.
  3. To participate to the Out of Funds page airtime prize promotions, you must click onto any banner to enter.
  4. Once you have met all the conditions set out in paragraph 1 to 3 above, you will automatically be entered to stand a chance to win.
  5. Cell C winners drawn for the above mentioned prizes will be contacted by SMS from a Cell C Shortcode – 14788 between the 19th – 22nd of April 2022.
  6. Cell C reserves the right to verify, by whatever means necessary, your eligibility to participate in this Promotion.
  7. Any prize that is not claimed for whatever reason will be forfeited.

If you are a winner:

  1. You will be contacted by Cell C or Cell C’s authorised agent on behalf of Cell. We may contact you by SMS.
  2. The judges’ decision is final. Cell C confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the draw and this will be reported on Cell C’s internal audit reporting procedures.
  3. If you are a Cell C airtime voucher winner, you will be contacted by SMS from a 14788 shortcode with an airtime voucher pin.
  4. Cell C cannot be held liable for the interception or loss of your personal information while transmitted, stored or processed across the internet, including social media sites and assumes no liability for any such interception or loss.
  5. User data collected via the Promotion will not be used for any other purpose.
  6. It is important that you understand that all participants in the Promotion and winners indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from its participation in this Promotion.
  7. Cell C may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in the Promotion, you agree and understand that you will be bound by the amended terms and conditions.

CellC.mobi Galaxy Flip 4 Giveaway Promotion

Competition Terms and Conditions

In order to promote the Cellc.mobi content services Hyve Mobile Pty (Ltd) (“Hyve”) (the “Promoters”) are running the CellC.mobi Galaxy Flip 4 Giveaway Promotion (“the Competition”)

All participants agree to be bound by the following Terms and Conditions for the duration of the Competition:

  1. The Competition is only open for Cell C subscribers residing in South Africa.
  2. The promotional period will run from 00:00 on 1 October 2022 until 23:59 on 31 January 2023 (“end date.”).
  3. One lucky entrant stands a chance to win the main prize, one (1) Samsung Galaxy Flip 4 smartphone to the value of R18 495 (eighteen thousand four hundred and ninety five Rand).
  4. To qualify as a potential winner, entrants have to subscribe to one of the CellC.mobi services during the Competition period as stipulated in clause 2 above.
  5. Subscription to the CellC.mobi content services costs R5.00 per day for each service the participant subscribes to.
  6. Users can subscribe to the CellC.mobi services in one of the following ways:
    1. Dial the USSD string advertised on CellC “Please Call Me” messages, direct SMS marketing messages or by selecting a service on the CellC *147*6# USSD content menu and follow the prompts to subscribe to the service.
    2. Click on one of the promotional banners on the Cell C “No Funds” webpage or cellc.mobi homepage as advertised.
  7. The winners will be randomly selected after the end date of the Competition from a list of entries that have fulfilled the requirements as stated in clause 4.
  8. Winners will be notified and announced within 3 (three) weeks after the end date of the competition.
  9. Only entries received during the promotional period as stipulated in clause 2 above will qualify as potential winners.
  10. Subscribers to this service, as well as winners of the Competition have to be at least 16 years old.
  11. There are no additional charges for participating in the Competition, but any applicable standard data costs as per user’s service provider apply.
  12. A WAP enabled handset is required to access the CellC.mobi services.
  13. Any participant under the age of 18 shall present their parent / guardian’s written consent to enter the Competition, at Hyve’s request.
  14. Mobile numbers used to enter the Competition or subscribed to the service must be active on the Cell C network at the end of the Competition.
  15. In the event that the user of the mobile phone (i.e. the participant in the Competition) is not the person that is responsible for payment of the participating mobile phone account, then the prize will be awarded to the person that is responsible for payment of the participating mobile phone account.
  16. Hyve will use reasonable efforts to contact the winner telephonically on the contact details used by the participant to participate in the Competition.
  17. Winners will be contacted during working hours, between 8 (eight) in the morning and 5 (five) in the afternoon.
  18. Hyve shall attempt to contact the winner for a period of 2 (two) working days after his or her name has been drawn and verified as a winner.
  19. Should a participant not be available on the contact number provided during the timeframe stipulated above or rejects, forfeits or declines acceptance of the prize, that person’s right to the prize will be deemed to have been waived and the prize will be forfeited. Hyve reserves the right to then award the prize to the next randomly drawn participant.
  20. Each winner must be able to identify himself or herself in a manner determined by Hyve as the entrant of the Competition and has to comply with the required validation procedure in order to claim the prize.
  21. Participants must be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 12 (twelve) months for the Republic of South Africa and valid at the end date.
  22. Hyve may request the winner’s consent in writing to their image and/or likeness being     used and published by Hyve in connection with the Competition for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their image and/or likeness by Hyve.
  23. The prizes are not transferable or exchangeable.
  24. The prize will be delivered to the winner at the winner’s chosen address via courier.
  25. The Promoters shall not be liable for any costs incurred by the winner in claiming the prize.
  26. All risks and ownership of the prize shall pass to the winner on transfer/delivery    thereof and hence all of the Promoters’ obligations in regard to the Competition as well as in regard to the prize shall terminate.
  27. Notwithstanding the fact that the prizes vest on the winners immediately upon the determination of the results, any prizes that remain unclaimed/undeliverable after three (3) months of the end date or no reasonable effort is made on the part of the winners to claim the prizes despite having been advised of the results of the Competition will be forfeited.
  28. The duration of the Competition may be extended or curtailed at the discretion of Hyve.
  29. In the event of a dispute in regard to any aspect of the Competition and/or the Terms and Conditions, Hyve’s decision will be final and binding and no correspondence may be entered into.
  30. Hyve may refuse to award the prizes if entry procedures or these Terms and Conditions             have not been adhered to or if it detects any irregularities or fraudulent practices. Hyve is entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they are rejected.
  31. The Promoters are not liable for any technical failures affecting participation and/or prize redemption process of the Competition.
  32. The Promoters assume no liability whatsoever for any entry that has been omitted from participation in the Competition for any reason whatsoever.
  33. The Promoters have no control over the interception or loss of your personal information over the internet and assume no liability for any such interception or loss.
  34. User data collected via theCompetition will not be used for any other purpose than for the Competition and the provision of the services promoted.
  35. Employees, directors, agents, contractors and consultants of the Promoters and all other participating companies and their immediate families, life partners, associates, or business partners do not qualify to participate or win in the Competition.
  36. Neither the Promoters 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 Competition or from claiming the prize.
  37. The Promoters further reserve the right to alter, cancel or terminate the Competition immediately and without notice in the event that the Competition is held to be or becomes unlawful. In such event all participants hereby waive any rights which they may have against Hyve and acknowledge that they will have no recourse or claim of any nature whatsoever against Hyve.
  38. All information relating to the Competition and published on any promotional material will form part of these Terms and Conditions.
  39. Cellc.mobi standard terms and conditions for the use of its mobile content services apply when subscribing to or accessing any of the services promoted during the competition.

Last updated: 21 September 2022