This document sets out the Terms and Conditions (the “Terms and Conditions”) governing access to the website http://www.clubzed.co.za (hereinafter, the “Website”) and the use of all Services offered by Zed on the Website. These services (the “Services”) are provided by Zed Mobile South Africa, Pty Ltd (hereinafter, “Zed”), a South African Company with registered address at Pier House 10th floor, Studio 2 Heerengracht Street, Cape Town 8001 (South Africa), with Company Registration Number 200502569907, and VAT number 4250228519.
Zed is the owner of the domain name http://www.clubzed.co.za. The use of the Services is subject to acceptance of, and compliance with, these Terms and Conditions. Users must not use the Services in breach of these Terms and Conditions. The Terms and Conditions in force are those available from time to time on the Website. In the event of amendment, users of the Website (“Users”, “You” or “Your”) shall be informed of the changes and continued use of the Website shall be confirmation of acceptance to the changes. Any special conditions, notices, regulations or operating instructions notified to users in relation to specific Services and/or Contents which supplement the provisions of these Terms and Conditions shall also apply to users.
Zed offers its Users the chance to enjoy a wide variety of products which are chargeable (Subscription Service) on the basis of their characteristics and of the technology used to access them (mobile telephony or Internet).
Regarding Users’ use of the Service
Users must be over 16 years of age, with full capacity to use the Services. Those under 16 years of age may only use the Services with prior authorisation from their parents, guardians or legal representatives, who shall be responsible for the actions carried out by the persons under their charge. Since these facts may not be verified by Zed, Zed reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access..
Zed cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of Zed or third party rights holders.
In addition, unless Zed has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, Zed forbids any downloads copies or reproductions of content made by a User unless specifically permitted by Zed.
Zed accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal or unlawful use by Users of the Services provided by the Club and the contents offered on the Website.
Users shall be solely liable for any messages and content they decide to store, communicate exchange or make available to other Users through the various Services such as chat, blog, Messenger, person finder, friend management, user groups, file management, calendar or any other Service which may involve the exchange of information and/or data between Users. Without prejudice to the foregoing, Users may under no circumstances use these Services as a medium on which to infringe the law or third party rights, regardless of their nature (including, without limitation, intellectual and industrial property rights, right to privacy and self image and right to the protection of personal data, among others) and must use all due care and diligence to avoid causing any damage or risk of damage to Zed, other Users or any third parties. In any of the promotions organized by Zed or a third party as a Partner of Zed, the participants must have enough credit in their account to pay the products and/or services requested in order to enter in the promotion.
Regarding the sending and receipt of the Service
Services must be requested in accordance with the instructions communicated by Zed to Users and, in particular, must include the exact text stipulated by Zed for each Service from time to time. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology required for, each Service (see the “Compatible Mobiles” section).
Zed accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services.
Zed accepts no liability for any requests or other content sent which is not accepted by the receiving computer, provided that this is due to a cause which is beyond Zed's control (such as connectivity problems or dropped connections, mistakes in message wording, etc.).
In addition, Zed accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond Zed's control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other Users. Notwithstanding the foregoing, Zed shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.
Regarding mobile phone ownership;
By using any Zed mobile service, Zed only receives the mobile phone number associated to that service it is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at least that he or she has the owner's authorisation to register with the Club. Zed accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone.
Regarding the content supplied by Users
The User warrants to Zed that he or she owns each and all of the rights to the content or has the rights, authorisations, permissions, licences and/or consents required to provide the content to Zed and to third parties through the Website.
Zed in no event accepts any liability for any harm or infringement caused by any User affecting other Users' or third parties' industrial and intellectual property rights, right to privacy and self image, right to protection of personal data, or any others. The User must employ all due care and diligence to avoid causing any damage or risk of damage to Zed, the Website, other Users, the Services or any third parties.
In addition, in the case of content containing images or photographs of people, the User warrants to Zed that such images or photographs were taken or recorded with such persons' consent and that they are aware of the assignment to be made to Zed by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law.
User shall not insert computer viruses liable to cause damage to the computer systems (hardware and software) or telecommunications equipment of the access provider, its suppliers or third party users of the Internet or mobile telephony networks, and shall be solely liable for any loss or damage of any kind which may be caused by the presence of a virus or other elements in the content which may alter the Users' files or mobile phone handset.
Assignment of Contents
a) The User assigns to Zed all assignable intellectual property rights in the content it provides which are necessary for the proper provision of the Services by Zed, particularly the abilities required to copy, load, host, store, transmit, modify and/or adapt according to the required format, create summaries of, advertise and promote on television, the press and its websites, reproduce, publicly communicate and supply to third party users.
b) The assignment of the content to Zed is non-exclusive, and is applicable to the whole world and for as long as the content is available to third parties.
c) No rights in the content other than those necessary for the proper operation of the Services are assigned pursuant to these General Conditions.
Withdrawal of Content / Inappropriate Content
Zed does not warrant the lawfulness, reliability or usefulness of messages, content or any other materials to which the User may have access in connection with the provision of the Services where they are supplied by third parties and other Users at their sole responsibility. Users shall be solely responsible for any messages and content they decide to store, communicate or exchange with other Users of the Services. Regardless of any methods which may be used by Zed to detect messages or content which are potentially unlawful or in breach of third party rights, if you believe that any of the messages or contents to which you have access through the Service infringe any third party rights or involve an infringement of current legislation, you can contact us by writing to Zed's registered address or by sending an e-mail to mail to: firstname.lastname@example.org, including the following details:
a) Name, address, telephone number and e-mail address (optional).
b) Clear identification of the potentially infringing content or content which is potentially detrimental to your or third party rights.
c) Indication of the grounds on which the content referred to in the preceding section may be potentially infringing or detrimental to your or third party rights.
d) An express statement, signed by you, that the information supplied in the notification is accurate to the best of your knowledge.
Zed excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content supplied by Users and made available to other Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by:
1- Infringement of the law, moral standards and generally accepted decency or public order by third parties;
2- Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people's right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party;
3- The carrying out of acts of unfair competition and unlawful advertising;
4- Messages and/or content not being truthful, accurate, comprehensive, relevant and/or up-to-date;
5- Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content;
6- Faults and defects in any kind of content.
Zed reserves the right at any time to reject or remove any content which is in breach of current legislation, these General Conditions, and any subsequent versions which are notified to Users from time to time.
Zed may at any time and without prior warning suspend and/or unsubscribe from the Services any User who repeatedly supplies inappropriate content or breaches these General Conditions.
The use of content and the period during which they are part of the Services are at Zed's sole discretion, although Users may at any time withdraw their content from the Services. Such withdrawal shall automatically cancel the assignment of rights provided to Zed under these General Conditions. In any event, Zed does not, and cannot, control the use made of content by third party Users while content is included in the Services or after the User has withdrawn content.
Without prejudice to the above, Zed reserves the right to decide which content it is appropriate for Users to supply and make available to third party Users for downloading and/or viewing. Consequently, Zed may at its own discretion reject and/or remove any content, particularly those which partly or wholly:
A- Are illegal, offensive, violent, defamatory, pornographic or racist;
B- Are protected by copyright;
C- Are in breach of the current legislation regarding intellectual and industrial property rights, particularly if the content infringes trademark, patent, domain name and other rights;
D- Refer to or include, without limitation, third party trademarks, trade names or domain names, among others;
E- Are protected by business and/or commercial secrecy, and their disclosure is not permitted;
F- Include third parties' personal data, such as name and surnames, telephone number and e-mail address, among others, without their consent;
G- Include images or photographs of third parties without their consent;
H- Are in breach of laws or regulations regarding the secrecy of communications, protection of personal data, and the rights to honour, image, personal and family privacy;
I- Induce promote or incite discriminatory attitudes based on gender, race, religion, beliefs or age;
J- Induce or incite behaviours which are illegal, unlawful or contrary to morality, public order or security;
K- Induce a state of anxiety, terror, addiction or insecurity;
L- Induce or incite any person to become involved in dangerous practices involving risk or endangering health and psychological or emotional balance;
M- In any other way involve an infringement of third parties' privacy;
N- Include any images of minors (under 18 year olds) without their parents' or guardians' necessary authorisation;
O- Advertise, promote, or induce the contracting of, products which do not belong to Zed.
In addition, Zed reminds Users of the Services that, pursuant to its duty to cooperate with law enforcement agencies, it shall furnish information regarding its Users and any content supplied by them to any law enforcement agency that requires it to do so in connection with the investigation of a crime or misdemeanour.
Intellectual and Industrial Property
When receiving any content in accordance with a download request, the User is only authorised to make one copy of the content in the memory of his or her mobile phone handset or computer and use it for strictly personal purposes and not for collective purposes or for profit.
The receipt of a Zed product (the “Product(s)”) or Service by a User following a request does not constitute a waiver, transfer or total or partial assignment in the User's favour of the ownership of the intellectual or industrial property rights in a Product or Service.
All Products and content marketed under the names Club zed®, Zed®, Pumpets® and/or Zed statiOn©, as well as the names, brands, software, advertising creations, websites, text, graphics, photographs, images, games and any other sound or audiovisual content, among others, relating to such Products and content are the industrial and/or intellectual property of Zed or third parties. Zed statiOn is a piece of software created by Zed which enables paying Users and Users who have been given a trial or test version to access a set of services such as e-mail, blog and Messenger, among others. The use of the trial versions is restricted to the promotional period specified by Zed from time to time.
In addition, and except where expressly authorised by Zed, the following are prohibited in accordance with, and subject to the penalties provided by, the applicable legislation currently in force: deleting or altering the rights management information and technology measures contained in the Website, as well as the distribution, importing for distribution, public performance, broadcasting, public communication in any form, or making available to the public, of the Website or copies or transmissions thereof in which any information has been deleted or altered without Zed's consent.
Some of the Products and Services belonging to Zed are subject to temporary licences granted by third parties. Zed therefore reserves the right to withdraw such Products and Services from the catalogue of Club Products on expiry of the third party licence or contract.
The establishment of any kind of link (such as hyperlinks) to the Website is prohibited. Anyone wishing to set up a link must first request Zed's express authorisation in writing. Without prejudice to the foregoing, the establishment of any link and/or similar mechanism by third parties directing Users to specific content and/or Services offered by Zed (i.e. deep linking) is expressly prohibited.
By using the Services or sending us a request for Services You consent to our processing Your personal information in accordance with these Terms and Conditions.
For the purposes of the Data Protection Act 1998, the data controller is Zed South Africa Ltd, Pier House 10th floor, Studio 2 Heerengracht Street, Cape Town 8001 (South Africa).
Information we may collect from you
Visiting the Website does not place Users under any obligation to provide any personal information, except where Users apply to join the Club or using the Services provided by Zed.
When You register to join the Club or any of the Services provided by Zed, Zed may collect and process the following information about You:
- the information You provide on registration and by completing other forms and requests on the Website (including: name and surname, mobile telephone number and/or e-mail);
- If You contact us Zed may keep a record of that correspondence;
- Details of the transactions You carry out through the Website
- Details of Your visits to our site including but not limited to: traffic data, location data; other communication data and the resources that you access.]
Please also see the information under “Cookies” below.
Use of data
Zed is committed to the privacy of its Users. You acknowledge that Zed collects and processes Your personal information on Your use of the Services for the following purposes:
(a) to deliver the Services to You (which may include providing Your personal information to the relevant mobile telephone operator to enable the operator to invoice the Club for billing purposes);
(b) to develop the Services;
(c) to market current and future Services to You; and
(d) for site administration purposes.
In addition, Zed may send You commercial information relating to Zed's promotions, competitions and products or services similar to those of the Club which may be marketed by Zed at any time by electronic means (e-mail and/or SMS). This purpose shall continue to apply after the end of the contractual relationship – i.e. the Service – until You revoke Your consent to that end, if ever).
You may refuse to allow Your information to be processed for promotional and commercial purposes [at any time] by sending an email to email@example.com.
Zed will not send unwanted messages to Your email address or to your mobile phone. Zed will not pass on Your email address and mobile phone number details to any third parties except those set out above without Your explicit consent.
Zed will only disclose Your personal information to Zed's business partners, law enforcement agencies, successors in title to Zed's business and suppliers that Zed engages to process data on Zed's behalf.
Zed may also disclose or share Your personal data in order to comply with any legal obligation, or in order to apply the Terms and Conditions or to protect the rights of its customers or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
To cancel all marketing messages please send STOP to 31933. You may exercise the rights of access, cancellation and rectification free of charge by emailing Zed at "verdeZed" target="_blank">firstname.lastname@example.org or by sending a request to Zed by post (to the address specified above ) and including the following information:
1- Your full name and a photocopy of an official document proving Your identity and, where applicable, the document must provide evidence of Your ability to act as a representative for another person;
2- A description of Your request;
3- Your mobile telephone number;
4- An address for correspondence; and
5- The date and the requesting party's signature.
You are also responsible for updating and amending Your personal information, which can be done by means of the procedure described above.
When visiting the Website, Zed may store information on the hard drive of Your computer in the form of a "cookie" (essentially a small text file). Cookies allow Zed to tailor the Website to Your interests and preferences. For example, a cookie might contain information about the web pages You have visited on the Website, which could allow Zed to customise Your next visit to the Website. However, cookies do not allow Zed access to the rest of Your computer and Zed does not use them to collect personal information about You. Most Internet browsers enable You to delete cookies or to receive a warning before a cookie is stored on Your hard drive. Please refer to Your browser instructions or help screen to learn more about how to do this. However, should You decide to disable any cookies Zed places on Your computer You may not be able to use certain services or facilities on the Website.
As Zed operates globally, it may be necessary to transfer Your personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever Zed processes Your information Zed will strive to ensure the same level of protection as set out in these Terms and Conditions which means that Your personal information will be protected at all times in accordance with strict data protection standards.
Jurisdiction and Applicable Law
These Terms and Conditions are governed by South African law. Zed and the User shall submit any dispute which may arise from the application of the Services or the construction and application of the Terms and Conditions to South African Courts save where otherwise required by law.
In the event of any incident regarding the receipt of the Services, you can contact us on our customer telephone number +27 11 451 7602 or at Zed Mobile Pty Ltd, PO Box 8361 Roggebaai 8001
November 2008. All rights reserved. Zed ZA, Ltd.