TERMS OF SERVICE

Last modified: 8 July 2021

INTRODUCTION

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Welcome to Telkom Music Powered by JOOX!

You have downloaded and subscribed to “Telkom Music powered by JOOX” (the “Service”).

The Service allows you to listen to music, music videos, and other content streamed over the Internet on your mobile phone, computer, tablets, or other devices (collectively, the "Content").

Your use of the Service is subject to these Terms of Service ("Terms") – so please read them carefully.

Compliance

These Terms explain how you may use the Service. You must comply with these Terms and use the Service as permitted by applicable laws in South Africa.If you do not agree to these Terms, you must not use the Service.

Contracting Entity

Telkom SA SOC Ltd (“Telkom”) makes available and markets the Service to you.

While Telkom has made available and marketed the Service to you, the Service is owned and operated by Tencent Mobility Limited (a Hong Kong company located at Level 29, Three Pacific Place, 1 Queen’s Road East, Wanchai, Hong Kong).  

Your contractual relationship is with Tencent Mobility’s affiliate entity, Tencent International Service Pte. Ltd. (a Singaporean company located at 10 Anson Road, #21-07 International Plaza, Singapore 079903).  

Tencent Mobility Limited and Tencent International Service Pte Ltd are referred to herein as "we", "us" or "our".

Age Restriction

13 and younger

You must not use the Service

Between 13 and 18

your parent or legal guardian must agree to these Terms (both for themselves and on your behalf) before you can legally use the Services

To the extent applicable, if you are using the Services on behalf of a company, partnership, association, government or other organisation (“Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances “you” will include your Organisation.

ADDITIONAL TERMS AND POLICIES

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We offer a diverse range of services. Additional terms and policies may apply to your use of our services or to particular services, as set out in this section and as we may otherwise notify you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

Additional Service-Specific Terms

Some of our services have additional terms specific to their use. You must comply with such other terms in your use of such services. Such service-specific terms include:

  • General End User Licence Agreement ("EULA"): The EULA sets out terms applicable to your use of our software (including our mobile applications, desktop software, and games); and
  • terms that may apply specifically to any special promotions (such as sweepstakes, contests, and surveys) that we make available through our services.

Additional policies

The following are specific policies that you must comply with in using the Service:

Privacy Notice

Our privacy notice explains how we collect, store and use your Personal Information

Cookies Policy:

This policy sets out how we use cookies and log files in the Service

Acceptable Use Policy

This policy sets out rules of good behaviour applicable to your use of the Services.

Inconsistencies

To the extent that additional terms or policies are different from these Terms, the relevant additional terms or policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise therein) amend the following sections of these Terms:

  • Changes to these Terms and our services”;
  • Our intellectual property rights and software”; and
  • Liability for our services”.

If any country-specific terms differ from these Terms or any additional terms or policies, the relevant country-specific terms will apply, regardless of which section of these Terms is in question.

CHANGES TO TERMS AND OUR SERVICES

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We may make changes to these Terms over time, so please come back and review them.

As our services and user experience constantly evolve, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from our services (including whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Terms or our Services are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), before the change becomes effective.

By continuing to use our services after we make any changes to these Terms or the Service, with or without notice from us, you are agreeing to be bound by these revised Terms.

YOUR ACCOUNT

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You need to create an account with us to access and use some of our services, such as a service-specific account or a user ID (“Service Account”).

Your Service Account is personal to you. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your Service Account. Your Service Account name, user ID, and other identifiers you adopt within the Service remain our property. We can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for:

  • safeguarding your account details, including any passwords used to access your account and the Service, and
  • all use our Services under your account.

You must promptly notify us if you know or suspect that your account or password has been compromised.

We will regard all use of your Service Account as being by you, except where we have received, and acknowledged, your notification to us regarding your account/password being compromised.

PAYMENTS

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You may, from time to time, need to make payments to use the Service or additional features of the Service (whether to us, Telkom or our third party payment providers). The Service-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you.

YOUR CONTENT

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When you submit, upload, transmit or display any data, information, media, or other content in connection with your use of the Service (“Your Content”), you understand and agree that:

  • you will continue to own and be responsible for Your Content;
  • we will not sell Your Content to any third party;
  • our use of Your Content will be subject to our Privacy Notice;
  • you are giving our affiliate companies and us the right to use Your Content (with no fees or charges payable by us to you), including the right to create derivative works of, to publicly display, and to publicly perform Your Content to provide, promote, developing and trying to improve the Service and any other services that we may provide now or in the future;
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name, or otherwise);
  • in using Your Content for these purposes, our affiliate companies and we may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into the Service;
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve the Service, but we will not sell Your Content to such third parties (other than our affiliate companies) for their use for their own purposes (i.e., for any purposes that are not related to the Service); and
  • you will comply with these Terms, including our Acceptable Use Policy, in your submission of Your Content.

You agree that we and our affiliate companies (subject to these Terms, our Privacy Notice, and applicable laws and regulations):

  • are allowed to retain and continue to use Your Content after you stop using the Service (for example, where you have shared Your Content with other users of the Service);
  • may be required to retain or disclose Your Content to comply with applicable laws or regulations, or to comply with a court order, subpoena, or other legal processes, or our affiliate companies and we may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
  • may need to disclose Your Content (including any information relating to your accounts with us) to enforce these Terms, protect our rights, property or safety, or the rights, property, or safety of our affiliate companies or other users of the Service.

You understand that even if you seek to delete Your Content from the Service, it may as a technical and administrative matter take some time or not be possible to achieve this (for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via the Service).

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content. We recommend that you keep a back-up copy of it at all times and ensure that:

  • you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and
  • Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

INFRINGEMENT OF RIGHTS

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We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact legal@tencent.co.za.

THIRD PARTY CONTENT AND SERVICES

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We are not responsible for and do not endorse, support, or guarantee the lawfulness, accuracy, or reliability of any content submitted to, transmitted, or displayed by or linked by the Service, including any Your Content or other content provided by other users Service or by our advertisers. You acknowledge that you may be exposed to inaccurate, misleading, defamatory, offensive, or unlawful content by using the Service.

Any reliance on or use of any content on or accessible from the Service by you is at your own risk. Your use of the Service does not give you any rights in or to any content you may access or obtain in connection with your use of the Service.

We do not guarantee the quality, reliability, or suitability of any third-party services provided, made available, advertised, or linked through the Service. We will bear no responsibility for your use of or relationship with any such third-party services. Suppose you access third-party services through the Service. In that case, you must comply with any terms and conditions applicable to those services.

We may review (but make no commitment to review) content or third-party services made available through the Service to determine whether or not they comply with our policies, applicable laws, and regulations or are otherwise objectionable. We may remove or refuse to make available or link to particular content or third-party services if they infringe intellectual property rights, are obscene, defamatory, or abusive, violate any rights, or pose any risk to the security or performance of the Service.

There may be, from time to time, third party content and services on the Service that is subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on the Service, or the record company that owns the copyright to the relevant song that you have accessed on the Service). In such cases, you agree to comply with any such further terms and conditions of such third-party content and services.

ADVERTISING CONTENT ON THE SERVICE

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The Service may include advertising or commercial content.

You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in the Service and that (where reasonably practicable) we will identify paid services and communications.

You also agree that, as explained in more detail in the Privacy Notice, we use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

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All intellectual property rights in or to the Service and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors.

Except as expressly provided in these Terms, you have no right to use our intellectual property rights.  

You have no right to use our trademarks or product names (for example, “Tencent”, or “Telkom Music” “Telkom” or  “JOOX”), logos, domain names or other distinctive brand features without our prior written consent.

Any comments or suggestions you may provide regarding the Service are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where the Service involve you downloading and using any software provided by us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software in order to use the Service in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). Your use of any of our software and services is also subject to the terms and conditions set out in our General EULA, which is incorporated by reference into these Terms. Please note that these licence terms may be supplemented by terms and conditions applicable to the specific software.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.

We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that the Service may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

USE OF YOUR DEVICE BY THE SERVICE

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In order for us to provide the Services to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access that relevant service (for example, we may need to use your device's processor and storage to complete the relevant software installation, or we may need to access your contact list to provide certain interactive functions within our apps). You agree to give us such access to and use of your device.

We will provide further information regarding how a particular service uses and accesses your device within that relevant service or in another manner (e.g. via the relevant app store as part of the relevant service's installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant service to you.

Any Personal Information (as defined in the Privacy Notice) that we use or access within your device will be treated in accordance with these Terms and the Privacy Notice.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of the Services or software.

WARRANTY AND DISCLAIMER

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We warrant to provide the Services to you using reasonable care and skill.

APART FROM THE WARRANTY ABOVE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEITHER US NOR TELKOM OR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO THE SERVICE, THE SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY THE SERVICE, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT THE SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT THE SERVICE OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

LIABILITY FOR THE SERVICE

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TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US, TELKOM AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, THE GENERAL EULA OR THE SERVICE OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS:

  1. THE AMOUNT THAT YOU HAVE PAID FOR YOUR USE OF THE SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND
  2. USD100.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE, TELKOM OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS, THE GENERAL EULA OR THE SERVICE OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF THE SERVICE OR SOFTWARE; (VI) YOUR USE OF THE SERVICE OR SOFTWARE IN BREACH OF THESE TERMS OR THE GENERAL EULA; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:

  • any liability for gross negligence or wilful misconduct; or
  • any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING THE SERVICE OR SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US, TELKOM OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF THE SERVICE OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS (INCLUDING ANY TERMS OF THE GENERAL EULA).

TERMINATION

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These Terms will apply to your use of the service until access to the service is terminated by either you or us.

We may suspend or terminate your access to your account or the services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of the Service creates risk for us or for other users of the service, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use the Service for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.

RETENTION AND BACK-UP OF YOUR CONTENT

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Following termination, we will only retain and use Your Content in accordance with these Terms, including the Privacy Notice. Where we suspend or terminate the service, or where your access to the Service is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

GENERAL

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These Terms are the entire agreement between you and us in relation to the service.

You agree that you will have no claim against us or Telkom or any of our affiliated companies for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you, us or Telkom will (subject to any applicable laws and regulations) have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, without our prior consent.  We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

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Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region.

Any dispute, controversy or claim (whether in contract, delict or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

QUESTIONS

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If you have any questions, or if you wish to send us any notices in relation to these Terms, please contact us at:

Self Help

https://www.telkommusic.co.za/

Telkom Music Powered by JOOX website

https://www.telkommusic.co.za/

Call centre

081 180 or email 180@telkom.co.za