A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which KaBoom.co.za and Telkom SA SOC Limited (together referred to as the “Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter/s and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or Promotions provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2,3,4, 5 AND 7.
1.1 KaBoom is a games platform, where subscribers can play HTML5 games or download native games. Once subscribed, they can access all the games and play as much as they want. 2 (two) Prizes will be given away, should the minimum qualifying criteria be met. Telkom customers must subscribe to KaBoom (“the Service”) and fulfill the requirements of clause 3 below, during the Promotion Period in order to stand a chance to win a Prize (“the Promotion”).
2.1 The Promotion is available from 01 November 2019 (“Promotion Period”).
3 Who is Eligible?
3.1. To enter the Promotion, you must do the following during the Promotion Period:
3.1.1 Be a natural person over the age of 18 (eighteen);
3.1.2 Be an Telkom subscriber (PayAsYouGo / TopUp / Contract);
3.1.3 Subscribe to the Service during the Promotion Period;
3.1.4 Subscribers must be active on the service, for a minimum of 15 (fifteen) calendar days and play any of the games at least once to gain entry into the draw;
3.1.5 Be successfully charged on the service, for a minimum of 6 (six) consecutive calendar days.
3.2 You are excluded from participating in the Promotion if:
3.2.1 You are a director, member, partner, employee, agent or consultant to the Promoter/s or any marketing Promotion provider in respect of the promotional competition or any other person who directly or indirectly controls or is controlled by the Promoter/s or the spouse, life partner, parent, child, brother, sister, business partner or associate of such a person; or
3.2.2 it is not unlawful to supply the prize to you in terms of any legislation or public regulation and the Promoters reserve the right to require proof that it will not be unlawful to supply a prize.
4 How does the Service & Promotion work?
4.1 KaBoom is a games platform, where subscribers can play HTML5 games or download native games. Once subscribed, they can access all the games and play as much as they want. 2 (two) Prizes will be given away, should the minimum qualifying criteria be met.
4.2 You may subscribe to the Service:
4.2.1 by dialing the USSD code where the user will receive a successful subscription notification message; or
4.2.2 via the website www.KaBoom.co.za
4.2.3 by dialing the USSD code and selecting option 1 from the USSD Menu.
4.3 The subscription is valid at a rate of R3.00 (Three Rand) per day, unless the subscriber opts out.
5.1 You may opt out of the Service via USSD –You must dial the USSD string dialing *141*5# and choose Option 2 (Content Services) from the Menu in order to "Unsubscribe."
5.2 You will receive an SMS confirming that you have been unsubscribed from the Service.
5.3 If you unsubscribe from the Promotion AFTER claiming the prize then you are eligible to get the prize.
5.4 If you unsubscribe from the Promotion BEFORE claiming the prize then you are NOT eligible to get the prize.
6.1 Prizes are detailed on each tournament information page on the website.
7 When will the Draw/s take Place?
7.1 Prizes draws will take place within 72 hours of the promotion ending.
7.2 Winners will be contacted telephonically. The Prize will be delivered to the winner at a time and place to be agreed upon between the Promoter/s and the winner.
8.1 The winner will be contacted for a period of 3 (three) consecutive business days after his or her name is drawn as a winner. In the event that the winner is not contactable or the winner rejects, or declines acceptance of the prize, another winner will be selected.
8.2 The Promoter/s may ask personal information and request documentation for the delivering the prize. If a winner is unable to provide such information or documentation within 2 (two) calendar days of this information being requested, the Promoters will select a new winner.
8.3 The prize will be delivered to the winner within 30 (thirty) calendar days after receiving confirmation from the Promoter/s that all information has been provided.
8.4 The Promoter/s are not responsible for the being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.
8.5 To the extent that any taxes, duties, levies or other charges may be levied on a prize by a Regulator or the government the winner/s, acknowledge and accept that they will be liable for these costs and the Promoter/s will not increase the value of the prize/s to compensate for these expenses.
8.6 Entry into the Promotion means that you agree and understand that you will only stand a chance to win a prize, and that there is no guarantee that you will be receiving any prize. The prizes will not be given away if the promotion is cancelled.
8.7 The Promoters reserve the right from time to time to vary, change, or terminate the Promotion or the Service as may be deemed necessary in its discretion, on notice to you. See www.Telkom.co.za for rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media. In the event that you do consent to these Terms and conditions please do not participation in the Promotion.
8.8 In the event of a dispute, the decision of the judges is final and binding and no correspondence will be entered into.
8.9 The prize/s is/are not transferrable and may not be deferred, changed or exchanged for cash or any other item. Each qualifying participant shall only be entitled to 1 (one) prize.
8.10 The winner/s name, image and/or town/city may be published by the Promoter/s on their respective websites or on other media. The winner will not be paid for such use. The winner may at all times refuse to grant consent for the use of their name, likeness and/or image for this purpose.
8.11 The Promoter/s are not responsible for a Promotion or the Service being interrupted and/or failing for any reason or for any interruption in the network Promotions or handset compatibility.
8.12 The Promoter/s, their 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 a person's participation of the Promotion or subscribing to the Service and/or these terms and conditions. Furthermore, you will be solely responsible for all products and items used by you. Accordingly, the Promoter/s takes no responsibility for any loss or damage, or any Telkom airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Promotions immediately. All persons using the Service or participating in the Promotion 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.
8.13 Telkom reserves the right from time to time to terminate, vary or change the Promotion and/or Service as may be deemed necessary in its discretion. See www.Telkom.co.za for updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media. In the event that you do not consent to the Terms and Conditions please do not participate in the Promotion or subscriber to the Service.
8.14 Telkom shall be entitled to terminate your subscription to the Service, if you are involved in any fraudulent activity or suspected fraudulent activity.
1.1. Welcome to KaBooms. We provide an online platform through which we offer our users access to interactive flash games (“Games”). The Games, our website, all related content and any other features, functionalities, applications, materials, or other services offered from time to time by KaBooms in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “KaBooms Services”)
2.1. The use of the KaBooms Services is available only to persons who can form legally binding contracts under applicable law in Republic of South Africa. Persons who are incompetent to contract within the meaning of the law are not eligible to use the KaBooms Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the KaBooms Services or the Games or attempt to enter into any transactions on our website.
4. Privacy and Communications Preferences
4.2. By using or accessing the KaBooms service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from KaBooms; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from KaBooms in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from KaBooms regarding KaBooms services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications
5. Ownership of Intellectual Property
5.1. KaBooms , its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the KaBooms Services and the Games, including all information, design, objects, characters, names, stories, dialogues and catch phrases, concepts, layout, text, graphics, logos, designs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.
5.2. The KaBooms Services including the website, the look and feel of the website, the presentation of the Games, user interface, game history, scores and social interaction features are the sole and exclusive property of KaBooms.
5.3. “KaBooms” and “Kwanda Digital” are registered trademarks of Kwanda Digital (Pty) Ltd. The KaBooms logo, KaBooms.co.za, are used as trademarks or service marks of Kwanda Digital (Pty) Ltd. The KaBooms website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Kwanda Digital (Pty) Ltd. The trademarks, service marks and trade dress of KaBooms may not be used or reproduced without prior written approval from KaBooms and may not be used in connection with any product or service that is not affiliated with KaBooms, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of KaBooms , or in any manner that disparages or discredits KaBooms POD. Other trademarks that appear on the KaBooms website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KaBooms . Any images of persons or personalities contained on the KaBooms website and user interfaces are not an indication or endorsement of KaBooms or any particular product or our service unless otherwise indicated.
6. Limited License
6.2. Your limited license as provided is subject to the following conditions: (i) The Games may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without KaBooms prior written permission, except as expressly permitted by the limited license; (ii) You may not may not create any derivative works from the Games or KaBooms Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Games or KaBooms Services on any internet, intranet or extranet site or incorporate the Games or any related content or data in any other database or compilation; (iii) You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the KaBooms Services or any of the Games; (iv) Except as may be expressly permitted by KaBooms , you may not use cheats, automations, hacks, bots, trainers, exploits or any unauthorized third party software designed to interfere with KaBooms Services while accessing any of the Kwanda OD Services; (v) You may not solicit, communicate regarding or offer any commercial services or activity in relation to any of the Games, including trading of any virtual items or scores, services including power-levelling, gold-mining, item collection, etc. (vi) You may not create or permit the reverse engineering or emulation the Games in any manner; (vii) You may not use the Games or the KaBooms Services for any purposes competitive with or derogatory to KaBooms and you may not associate the KaBooms Services or the Games with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights; (viii) You shall not directly or indirectly, through any means (including through providing any tools, code, scripts or other assistance) whatsoever, permit, abet or assist any access or use of the KaBooms Services or the Games in a manner not expressly provided or permitted herein; and (ix) This limited and conditional license may be revoked at any time by KaBooms.
7. The Use of KaBooms Services
7.1. Access to the Games is provided on an “as is” basis by KaBooms. All creative content incorporated or comprising the Games and all representation of any persons, characters, communities, locations, events or objects are fictional and are not based on any historical, present or future person, character, community, location, event or object.
7.2. Due to their interactive nature, it is possible person may use or implement the game mechanics, characters, images, sounds, visualizations or other content, to create unintended images, messages or representations. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the KaBooms Services are those of the respective authors or producers and not of KaBooms , or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall KaBooms , or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the KaBooms service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the KaBooms service.
7.3. We do not warrant that the Games shall function in accordance with the rules of such games or that objectives within the Games can be completed in accordance with or that characters within the Games shall perform in accordance with such rules. All images, videos and presentations used for the promotion of the Games are merely representative and we do not warrant that you will be able to experience/perform such content/actions within the Games.
7.4. The use of the KaBooms Services and access to the Games are subject to you having the necessary hardware, software and network resources as listed under our [System Requirements].
7.6. Kwanda Digital does not make any representation that the KaBooms Services are permissible or legal under the applicable law of your jurisdiction. You are to access the KaBooms Services only if it is permitted under the applicable law if your jurisdiction and by using and accessing the KaBooms Services you represent that you are permitted by the applicable laws of your jurisdiction to access and use the KaBooms Services.
7.7. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
8. Membership and Features
8.3. Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your KaBooms ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate KaBooms for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the KaBooms service, KaBooms implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the KaBooms service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
8.4. Membership Cancellation: You may cancel your KaBooms membership at any time. We do not provide any monetary refunds for any KaBooms Credits.
8.5. Change of Features and Games: KaBooms reserves the right to change, supplement, alter or remove any of its features or Games as it deems fit and a paid membership does not guarantee continued access to such features.
8.6. Advertisements: Some of the services, facilities or features of the KaBooms Services are supported by advertising revenue and the KaBooms Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the KaBooms Services or other information. The manner, mode and extent of advertising by KaBooms through the KaBooms Services are subject to change without specific notice to you. KaBooms takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the KaBooms Services are between you and the advertiser, and you agree that KaBooms shall not liable for any loss or claim that you may have against an advertiser.
8.7. Promotional Offers: KaBooms may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by KaBooms on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on KaBooms to continue offering such or similar promotional offers. Any promotional offer made available by KaBooms may not be combined with any other offers.
8.8. Interactive Areas: We permit you to post reviews of Games, compare scores, participate in multiplayer games through the KaBooms service. We do not make any warranties regarding your online experience or interaction with other users during multiplayer games. We do not regularly select or review the content posted on or interactions made through the KaBooms website or the KaBooms services; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not transmit through the KaBooms Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
8.10. Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. KaBooms retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.
9. Billing and Payment
10. Role of KaBooms as in Intermediary
10.1. We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.
10.2. If you believe your work has been reproduced or distributed through the KaBooms Services in a way that constitutes copyright infringement or are aware of any infringing material available through the KaBooms Services or if you have tangible and conclusive information that any of the material made available through KaBooms is illegal, please notify us through email at: portal@Telkom.com
10.3. The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the KaBooms Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the KaBooms Services.
11. Disclaimers of Warranties and Limitations on Liability
11.1. The KaBooms Services, including our website and user interfaces, and all Games and software associated therewith, or any other features or functionalities associated with the KaBooms Service, are provided “as is” and “as available” with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the KaBooms Services, our website and user interfaces, and all Games and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
11.2. KaBooms POD assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the KaBooms Services. KaBooms does not make any warranty that the KaBooms Services or the Games will meet your requirements, or that the KaBooms Services or the Games will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.
11.3. You expressly agree that use and access of the KaBooms Services, including all Games, data or software distributed by, downloaded or accessed from or through the KaBooms Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Games, data and/or software.
11.4. We do not make any representations with respect to the contents and composition of the Games from the KaBooms service or the descriptions of any game or related content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Games or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Games or advertisement are solely responsible for the same.
11.6. KaBooms may provide the KaBooms Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the KaBooms Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. KaBooms makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that KaBooms , its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of KaBooms.
11.7. The disclaimers provided herein are supplementary to the [Legal Disclaimer] and neither shall substitute or limit the other.
11.8. IN NO EVENT SHALL KaBooms BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE KaBooms SERVICES, EVEN IF KaBooms IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
13. Other Terms
13.1. Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. KaBoom may also impose limits on certain features and services or restrict your access to parts or all of the KaBoom Services without any notice or liability.
13.2. External Links to this website: All links to the website must be expressly approved in writing by KaBoom and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “[KaBoom ]”and directs only to [http://www.KaBooms.co.za] and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by KaBoom nor be such as to damage or dilute the goodwill associated with the name and trademarks of KaBoom , its affiliates or licensors; and KaBoom reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.
13.3. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside