Terms & Conditions
For help, please call our Customer Care Line on 086 11 simfy or 086 11 74639 or email us at firstname.lastname@example.org. Service is available from Monday - Friday: 08h00 - 17h00 - Not operating on weekends and public holidays.
GENERAL TERMS AND CONDITIONS.
- 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.
- 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.
- ERRORS ON YOUR PART WILL BE BILLED IN FULL.
- Subject to any applicable law, by using simfy africa [Pty] Ltd Services 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.
- In order to use the music service, the user is required to fulfill 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.
- These General Terms and Conditions (T&Cs) shall apply to all services that are offered on the websites (www.simfyafrica.com and other URLs) as well as using the simfy africa applications for mobile and stationary terminals (websites and applications hereinafter referred to collectively as: the “music service”). The service provider is simfy africa [Pty] Ltd, Second Floor, Northlands Office Park, Corner New Market and Witkoppen Road, North Riding(hereinafter referred to as: “simfy africa”).
- Upon completion of registration or by using the music service, the user acknowledges the validity of these T&Cs.
- 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.).
- 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.
Overview of the services provided by simfy africa
- 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.
- As users interact with simfy africa in different ways, a distinction is drawn between “Guests”, “Registered Users” and “Subscribers”. “Guests” are unregistered users of the music service. “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.
- These terms and conditions apply to “Guests”, “Registered Users” and “Subscribers” however certain sections apply to “Subscribers” only and are clearly marked as such.
- 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 simfy africa service.
- In order to register, the user will be required to respond to an activation SMS from simfy africa at a cost of R0.50. This is the minimum possible charge for an SMS on the South african networks. The SMS 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.
- Once registration has been successfully completed, the user shall have the option of using the music service via the login area of the websites or the applications.
- From time to time, simfy africa shall be entitled to prohibit users from registering without stating reasons.
The Registration Process and Billing
- Billing details may be required in order to complete the registration process. Billing details are requested at this stage in order to ensure that users are genuinely interested in the product and to prevent registration for multiple free periods.
- If the user chooses the credit card option, simfy africa will validate the billing details entered by processing a billing transaction of R 1,00. This amount is reserved in the users account, and then immediately reversed, such that the amount does not actually leave the users account. This is necessary to validate the billing details.
- If the user chooses the mobile billing option, the specific terms at clause 11 should be noted.
- Users will not be billed otherwise until the expiry of the free period [if any].
- On the first day following the end of the stated free period [if any], we will process the first billing for the simfy africa All Access service. This is clearly advised to all users on the registration page.
- By providing your payment details during the registration process, you have agreed to this charge.
- A user is welcome to avoid this charge by opting out of the service before the expiry of the free period, in which case the user is never billed at all, and experiences the service free of charge.
- We will continue to bill the user on a recurring monthly basis, until the user unsubscribes from the service.
- A user can change their plan or package, or unsubscribe, at any time during the period of their subscription to their service.
- This change will take effect after the expiry of the relevant period. Payment already made will not be refunded.
- After registration and activation, user shall be provided with a user account (hereinafter referred to as “account”).
- In order to take advantage of all the features of the service, further information can be obtained from the Q&A section on the websites.
Under the menu “My simfy - Settings”, the user may enter personal data which may be viewed by guests and users provided they are enabled to do so. All data provided by the user in connection herewith shall be voluntary, but is required to be truthful.
- The user may also include a profile photo in his account which is then visible on the account. In this respect, the “obligations on the part of the user” noted under section 12 shall be observed.
- The user may adjust the release of information on his account at any time under “Security & Privacy”.
Evolution and the need for flexibility
- Some new handsets, service or networks may not yet be supported by simfy africa at the time of their launch.
- simfy africa makes no guarantee that your devices will work with our service.
- Note that certain devices within these listed platforms may not work with the service, due to limitations or constraints specific to the device.
- 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.
- 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.
Contact with the user base
- simfy africa shall have the right to contact “Subscribers”, “Guests” 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.
- Users may not unsubscribe from billing information, which includes receipts and payment information and may be required by law.
- Users can unsubscribe from other communications at any time, by following the unsubscribe links in the communication.
- Users are also welcome to contact our call centre at email@example.com for assistance in unsubscribing from communications.
- 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.
- For the purpose of registration, it is necessary that the user specify personal data (including their full name and contact information). It is necessary that the information provided be truthful. The registration process is completed once the information is confirmed.
- 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. 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.
- 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.
- The term of usage of the music service depends on the package selected by the subscriber (e.g. 30 days) 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 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. simfy africa is not obliged to provide free periods of use.
- All fees specified shall be subject to value-added tax at the applicable rate. 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.
- simfy africa shall reserve the right to alter the prices for the services provided by the music service from time to time at its own discretion.
- The registered users/subscribers shall be notified of any price changes via the email address or mobile number supplied on registration.
- Where the registered user/subscriber does not wish to be subject to the changed price, he shall be entitled to cancel his subscription on notice to simfy africa as stipulated in section 18 of these T&Cs.
- All prices include value-added tax.
- All prices exclude the cost of data which remains the responsibility of the user, with the exception of advertised special offers which simfy africa may promote from time to time Such use of data shall be governed by the terms of that specific promotion, and shall have no effect on these terms and conditions.
- simfy africa makes use of third party billing services for certain billing operations. These operations are covered by the third party’s terms and conditions. Simfy africa can direct a user to these terms on request.
- The following terms apply specifically to users who have selected the mobile billing option.
- simfy africa follows a best practice Double Opt In system in order to prevent fraudulent transactions on a user’s mobile account. A user will be required to respond ‘yes’ to an SMS before any billing transactions are processed on their account.
- Please ensure that you have obtained the bill payer’s permission before requesting any content or using any of the advertised services.
- 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).
- If you have insufficient funds in your phone account at the time of billing, simfy africa will bill you periodically over a period of up to 90 days in order to collect any outstanding funds. Thereafter you will be automatically unsubscribed from the respective service.
- Errors made by you will be billed in full.
- Usage of the service via a mobile device will require the user to have a WAP enabled mobile phone, which is compatible to the music service.
- WAP & bearer charges apply, which may include charges for data usage. Users should contact their service providers for more information.
- No free minutes or free smses may be used.
- Vodacom, MTN & Cell C users welcome.
- For help, please call our Customer Care Line on 086 11 simfy or 086 11 74639 or email us at firstname.lastname@example.org.
- Calls will be charged at VAS Rates.
- Free minutes do not apply
- Service is available from Monday - Friday: 08h00 - 17h00 - Not operating on weekends and public holidays.
Obligations on the part of the user
- You acknowledge that by using simfy africa 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Users are prohibited from abusing the music service. Misuse occurs in particular if, via the music service;
- data is changed, deleted, suppressed or rendered unusable without permission,
- material of unconstitutional organisations or unconstitutional, notably racist ideology is disseminated,
- pornography is disseminated,
- offences against personal honour, notably insults or defamation are committed,
- there are breaches of statutory provisionsor breaches of these T&Cs.
The following activities of users, guests and other third-parties shall also be prohibited:
- Commercial use of services and content of the music service.
- 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.
- Blocking, overwriting, modifying, copying, unless required for the proper use of the services of the simfy africa websites. Copying by means of robot/ crawler search engine technologies shall therefore be explicitly prohibited.
- Changing the source code or other constituents of the music service.
- The use of software and other resources not provided by simfy africa in order to permanently store, change, copy or use in any other illegal manner the contents provided.
- The dissemination and communication to the public of the contents of the music service.
- Any activity capable of affecting the functionality of the music service’s infrastructure, notably placing an excessive burden on it.
- Users in breach of these T&Cs may be excluded from using the music service on a temporary or permanent basis.
- Simfy has installed an explicit lyrics filter, which can be accessed from the Settings tab of the mobile applications. Please take note the definition of "explicit" can be subjective. This filter will remove content deemed "explicit" by the artist or their label so please be aware that your interpretation may be different to theirs.
Partner promotions offering free voucher access to simfy Africa including but not limited to the Microsoft, takealot.com, Legacy Lifestyle, and all other simfy africa voucher promotions
- The promotion is available only for the time period indicated by the partner on the partnership promotion. Please check these dates carefully to ensure that they suit you, as simfy africa has no influence over a partners’s execution of a promotion.
- Each promotion has its own unique details which are advertised and promotion by our partner companies. A user must follow these details and undertake the activities needed in order to qualify for the offer as it is advertised.
- The user must provide their mobile number in order to qualify for the promotion. This is used for identification purposes only.
- This offer may not be used in conjunction with any other offers or partner promotions, including those belonging to Afrihost, Ignition, MTN and any other partners as simfy africa may add.
- For most promotions, tvoucher is allocated automatically on completion of the registration process, and cannot be allocated in any other manner.
- The voucher cannot be exchanged for cash, and is non - transferrable.
- Use of the service is governed by these terms and conditions. A user who redeems a voucher is considered to be a subscriber.
- 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.
- The user guarantees not to cause any damage whatsoever to such intellectual property.
- simfy africa is aware of the sensitivity of the user’s data and therefore places particular emphasis on the security thereof.
- 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 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.
- Should the user activate the Facebook integration, simfy africa regards this action as the user giving permission to allow simfy africa to post comment to Facebook. The responsibility to de-activate this function rests with the user should they no longer wish to post comment to Facebook. This applies equally to any other third party integration, specifically social media websites and applications.
- 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.
- The registered user or subscriber shall not be allowed to assign the agreement or the rights associated with the agreement to third parties.
Indemnification relating to a breach of third party rights
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.
Availability of the music service
- 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.
- Likewise, simfy africa is not able to provide a complete technical guarantee in respect of the storage and public communication of the music files uploaded by users. simfy africa shall not be liable for damage arising in this regard.
Cancellation / Deleting of Account
- The subscriber may cancel the subscription at any time within the relevant period of use without stating the reasons, using the function set up for that purpose or by email to email@example.com. Termination will take effect after the end of the relevant period. Payment already made will not be refunded.
- The username and the email address specified at the time of registration as a user are required to be provided in the email.
- The right to extraordinary termination for good cause shall be reserved for either party.
- For simfy africa good cause exists in particular, if the user breaches the obligations set out in section 12.
Unlawful content / reporting
- simfy africa distances itself explicitly from illegal, in particular right-wing extremist, extremist, pornographic, seditious or offensive content.
- 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.
- 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.
- simfy africa shall notify the user of the amendments to the T&Cs in good time via a notice on our website. If the user does not object to the validity of the new T&Cs within two (2) weeks after the notification, the amended T&Cs shall be construed as accepted by the user.
- 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.
- 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 with such valid provision that comes closest to the economic spirit and purpose intended by the invalid provision. The same applies to contractual lacunae mutatis mutandis.
- The place of performance and venue (insofar as legally permissible) is the domicile of simfy africa.
- South african law shall apply.
© 2017 simfy africa. All rights reserved. Version: 01 May 2017