Terms and Conditions – Mojo Mania Games Subscription Service

Mojo Mania Games is a subscription Service (hereinafter referred to as the “Service”) which is charged at:

  • R 5.00 per day with 1-day free trial, or
  • R 15.00 per week with 1-day free trial, or
  • R 25.00 per month with 1-day free trial.

Network charges may also apply, depending on the subscription option which you elect, as further detailed hereunder.

By subscribing to the Service, you agree to be unequivocally bound by these terms and conditions (hereinafter referred to as the “Agreement”), as amended from time to time by Junoflo (Pty) Ltd (trading as SayHi) (hereinafter referred to as the “Product Owner”).

This Agreement is entered into by you, the user of the Service (Hereinafter referred to as “You”) and Mojo Mania, the Product Owner.

The terms “Your”, “Our”, “We” and any analogous terms shall apply as is appropriate under the circumstances herein.

IF YOU DO NOT HAVE THE BILLPAYER’S PERMISSION TO USE THE SERVICE, DO NOT ACCESS THE SERVICE AND PROMPTLY CEASE USING THE SERVICE.

By choosing to subscribe to the Service, You unequivocally and irrevocably agree as follows:

  1. You are 18 years of age or older, alternatively, You have the express billpayer’s consent to subscribe to the Service and to share your information and if you are under 18 years old, the explicit permission of your parent or guardian to use the service and to supply the minimum information we need to be able to deliver the service to you.
  2. Your account will be billed directly by Us via Your mobile network operator on the mobile device that You subscribed with, You will be provided with access to the Service.
  3. Network fees may apply to the cost of the Service and it is Your sole responsibility to ensure you are aware thereof.
  4. The cost of the Service is inclusive of Value-Added Tax.
  5. Free minutes and/or SMS bundles do not apply.
  6. By subscribing to the Service, You agree that the Product Owner, may make use of Your cell phone number for purposes reasonably related to the provision of the content and services to which the Service pertains.
  7. The Product Owner expressly reserve their rights to amend the Agreement from time to time, and which amendments are deemed to have been unequivocally and irrevocably accepted by You when You continue to make use of the Service pursuant to such amendments having been made.
  8. Marketing Communications – By entering into this Agreement, You expressly consent to receiving future marketing communications from Us and Our partners. You can opt out of receiving these communications at any time by following the opt-out instructions contained in each message sent to You.
  9. Privacy Policy
    • Collection of Information – When You use the Service, You may be providing Us with personally identifiable information. In addition, We may automatically collect product site usage information relating to You when visiting any of our product sites, where applicable.
    • Use of Information Collected – We may combine the personally identifiable information with other information that is available to Us and may use this information to process, validate and verify the information to improve Your experience, to improve and develop new services, to alert You to new services and special offers, to provide marketing with aggregate information about the Service and the user’s usage patterns and for other purposes, as well as share such information with third parties to help to improve the content, provide You with the Service and to help service providers to perform services on Our behalf.
    • MSISDN: We may automatically collect information through the use of MSISDN forwarding. MSISDN facilitates Your ongoing access to and use of the Service and allows the product site (where applicable) to track usage behaviour and compile aggregate data that will allow content improvements and billing.
    • Security: The personally identifiable information is stored in confidence in limited access servers. Safeguards are maintained to protect the security, integrity, and privacy of these servers and of such personally identifiable information.
    • Comments and Questions: Any questions, comments or concerns about the Product Owners Privacy Policy, (available at https://sayhi.co.za/privacy-policy/).
  10. Cancellation – You are free to cancel Your subscription at any time by sending an email with the word “STOP” to support@sayhi.co.za (or by opting out of marketing communication, as set out above).
  11. You will be unsubscribed from the Service upon the Product Owners receipt of the unsubscribe SMS referred to above and a confirmation SMS will be sent to the mobile handset You used to subscribe to the Service, however, You acknowledge and accept that it may take some time (up to 48 hours) for You to be unsubscribed from the Service and for the confirmation SMS to be sent.
  12. By consenting to the terms and conditions contained in this Agreement and/or by continuing to use the Service, You are bound by the entirety of this Agreement read in conjunction with any of Our other applicable terms and conditions, and as such, terms may be amended by Us from time to time without prior notice to You. In the case of any inconsistency between any specific rules of the Service and this Agreement, this Agreement shall prevail.
  13. Your Representations – By seeking to subscribe to the Service, or by using the Service, You hereby represent and warrant to Us that at all such times You:
    • are located in the Republic of South Africa;
    • are of sound mind and capable of taking responsibility for Your own actions;
    • understand that You may be charged for using the Service and that You accept full responsibility for any such charges that may apply;
    • are acting as principal and not on behalf of anyone else;
    • You are the authorized owner of the mobile device you used to subscribe to the Service.
    • You agree to abide in full by this Agreement.
  14. You hereby warrant to Us that:
    • All information provided by you when subscribing for the Service, and all personal information (as defined in the Protection of Personal Information Act, 4 of 2013, or otherwise) provided to Us is complete, accurate and not misleading;
    • You will only use the Service strictly for legitimate and lawful purposes only; and
    • You will not attempt to hack, make unauthorized alterations to, or introduce any kind of malicious code to the Service by any means whatsoever. Criminal charges and civil legal proceedings may be brought against You if You try to manipulate the Service, and We reserve the right to pass on such information as We deem necessary to the relevant authorities if We become aware or suspect that You are involved in any such activities. You agree to any such disclosure and hold Us harmless in respect thereof.
  15. Updates – We may change, at Our sole discretion, in whole or in part, the format of the Service or the content that We offer in order to enhance, correct or support the Service or content, or for any other reason. We cannot be held liable for any technical errors and/or other malfunctions, howsoever arising, in or to, the Service and/or the content.
  16. Pursuant to subscribing to the Service and pursuant to having been successfully billed by Us via Your mobile network operator on the mobile device that You subscribed with, You will be provided with access to the Service. Transactions made using your mobile number are accepted by Us strictly on the understanding that You are using the Service. You agree to be solely responsible for use of the Service through the use of Your mobile device at all times. If an alternative person has accessed Your mobile device, We accept no liability whatsoever, including but not limited to, any charges, information (including Personal Information and/or Special Personal Information as defined in the Protection of Personal Information Act), lost, stolen or misused. If You believe that Your mobile device is in any way being misused by a third party, please inform Us immediately so that We may suspend Your access to the Service.
  17. We reserve the right to verify Your identity at any time (including by using third parties, which may keep a record of that information) for the purposes of effectively providing the Service to you. We reserve the right to conduct checks against any of the details provided by You to Us in the process of subscribing or at any time thereafter. If upon Our request, You fail to provide evidence of proof of age or other requested information, this may result in the suspension of Your subscription and/or use of the Service.
  18. Upon completing the subscription process, You will receive a Welcome SMS sent to the mobile number You used to subscribe to.
  19. We reserve the right to monitor the use of the Service and We may elect, in Our sole discretion and without providing reasons therefor, to suspend and/or terminate Your use of the Service if We consider suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that We deem necessary.
  20. We reserve the right to record all telephone calls made to Us and to monitor all information relating to the Service for which purposes You consent, including forwarding such calls to Our authorized third parties.
  21. Our Liability – This Agreement sets out Our entire financial liability (including any liability for acts or omissions of Our parent companies, subsidiaries, associated companies, employees, agents, professional advisors and sub-contractors) to You and/or any other 3rd parties, in respect of, inter alia:
    • any breach of this Agreement, and
    • any representation, statement and/or delictual act or omission including negligence arising under or in connection with the Service.
  22. We are not liable for any loss or damage that You may suffer because of any act of Force Majeure including, inter alia, any act of God, pandemic, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of Our control. In such an event, We reserve the right to cancel or suspend the Services in whole or part without incurring any liability.
  23. All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and We shall, to the fullest extent permitted by law, have no liability to You in respect of same. You agree to indemnify Us and hold Us harmless in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with Our breach of this Agreement or Our gross negligence) which We may suffer arising out of or in connection with Your use of the Service or otherwise arising out of or in connection with Our services. This Agreement does not affect Your statutory rights as a consumer (if any).
  24. Our liability to You, including for negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (Twelve) months.
  25. We shall not be liable to You for any indirect or consequential loss or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Service whether or not We have been made aware of it.
  26. We shall not be held liable or responsible for any consequences that occur through Your use of the Service where the circumstances that caused such consequences were beyond Our reasonable control, including any loss or damage that has arisen through the content or the Service, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in the content.
  27. We accept no responsibility and shall not be liable to You for the content of, or use by You, of any information or Services offered by third parties advertising (including advertising by any referral companies) or otherwise posting information via the Service (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can We be said to endorse the contents of such advertisements or information. In particular, We shall have no liability in respect of material hyperlinked to the Service or any of our various web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by Us on the Websites of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.
  28. We are not liable for any failure to perform by a third party to this Agreement.
  29. INTELLECTUAL PROPERTY – The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (collectively the ‘Materials’, which expression includes, inter alia, text, data, graphics, photographs, videos, animation, images and audio-visual content, are owned by, or licensed to, Us or are the ownership of third parties). The IPR is protected by the laws of the Republic of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against You or any such person who makes unauthorized copies or is responsible for the distribution of Materials.
  30. General
    • This Agreement constitutes to the fullest extent permitted by law the whole of the Agreement between You and Us with regard to the use of the Service.
    • If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
    • No failure or delay by Us to exercise any of Our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by Us.
  31. Governing Law And Disputes – This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Service and that the laws of the Republic of South Africa shall govern any such dispute or claim. However, We retain the right to bring legal proceedings in any jurisdiction where We believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You are accessing or using the Service, whether in whole or part.
  32. Customer Service – If You have any questions concerning this Agreement please email us at support@sayhi.co.za.