Channel Terms & Conditions

TERMS AND CONDITIONS OF USE OF HEARIT

These Terms and Conditions (“Terms”) govern your use of the hearIT interactive voice response services (“the hearIT Services”) provided by Zinga Tech (Pty) Ltd, registration number 2019/133459/07 (“Zinga”). By subscribing to or otherwise accessing any hearIT Service, you agree to be bound by these Terms.

Important: Your attention is specifically drawn to clauses 6 and 7 that limit the risk and liability of, and impose an obligation on you to indemnify, Zinga and other parties.

1. Services

1. Each hearIT Service is a mobile airtime subscription billed at a specified daily rate (e.g., R5.00/day) (“Daily Subscription Fees”) depending on the hearIT Service, which is governed by these Terms and the terms specific to that hearIT Service as published on our website from time to time at www.hearit.co.za (“the Service Terms”). The first day following the day on which you subscribe will be free.
2. Subscription grants you access to specific content or features, which may include entertainment, information, or other digital services. You will have access to the relevant hearIT Service for so long as you remain subscribed.

2. Use of the hearIT Services

1. You may not use a hearIT Service if you:
   1. lack the legal capacity to enter into a binding contract with us;
   2. are a person who is not permitted to access or use the hearIT Service under the laws of the country in which you are resident or from which you access the hearIT Service;
   3. require the consent of a guardian or parent to competently subscribe for a hearIT Service and agree to these Terms, and you have failed to obtain that consent; or
   4. do not meet the minimum age requirement specified for the hearIT Service.
2. Certain hearIT Services may be subject to minimum age requirements and you may be requested to confirm that you meet the minimum age requirement in order to access these hearIT Services. You undertake to only provide such confirmation and use such hearIT Services if you in fact meet the age requirements.
3. You may only use the hearIT Services for lawful purposes, and you warrant that you shall not:
   1. use the hearIT Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
   2. use the hearIT Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution;
   3. other than for your personal and non-commercial use, store on your computer, or copy extracts from the hearIT Services; and you may not, other than for your personal and non-commercial use, “mirror” or cache information provided via the hearIT Services on your own server, or copy, adapt, modify or re-use the content from the Service without prior written permission from Zinga.

3. Cancellation

1. You may cancel your subscription for any of the hearIT Services at any time by following the instructions provided in the welcome and reminder messages sent to you.
2. Cancellation will stop future billing but will not refund past charges.

4. Billing and Payment

1. Daily Subscription Fees will be charged to your mobile account and recovered directly from your network service provider. You will, in turn, pay your network provider, and you confirm that you are authorised to incur charges on the mobile number used.
2. You authorise Smartcall Technology Solutions (Pty) Ltd (“STS”) to recover the Daily Subscription Fees on behalf of Zinga via your network provider and you authorise your network provider and STS to pay us the Daily Subscription Fees.
3. Network data charges may apply in addition to the Daily Subscription Fees.
4. Errors will be billed.

5. Marketing Communications

1. By subscribing, you consent to receive marketing messages from Zinga, STS and their partners.
2. You may opt out at any time by following the instructions in the messages or contacting customer support.

6. Disclaimer

1. The hearIT Services and their content are provided “as is” without any warranties, including but not limited to express or implied warranties of merchantability, fitness for a particular purpose, compatibility, title and non-infringement or about the suitability, reliability or accuracy of the hearIT Services and their content.
2. Whilst Zinga uses all reasonable commercial endeavours to ensure the proper performance of the hearIT Services, the accuracy of the information/content and the reliability of the data on the hearIT Services:
   1. Zinga makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the hearIT Services and that the hearIT Services will meet your requirements, be uninterrupted, complete, timely or secure; and
   2. the hearIT Services may contain inaccuracies or errors and Zinga accepts no liability for any inaccuracies or errors in the hearIT Services.
3. Some hearIT Services may include content that purports to predict future events, outcomes, or personal circumstances (e.g., horoscopes, fortune-telling, or similar). Such content is provided for entertainment purposes only and should not be interpreted or relied upon as factual, accurate, or guaranteed. Zinga makes no representations or warranties regarding the accuracy, reliability, or usefulness of any predictive content. You acknowledge that any decisions made based on such content are made entirely at your own risk.

7. Indemnification

1. To the full extent permitted by law, you indemnify and hold Zinga harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages which arise directly or indirectly out of a breach of these Terms by you or arise out of or in connection with the failure or delay in the performance of the hearIT Services or your use of the hearIT Services (including direct, indirect, special or consequential damages), whether in an action based on contract, negligence or any other cause, other than in respect of losses caused by Zinga’s gross negligence or intentional misconduct.
2. Without affecting the generality of 7.1 above, Zinga shall not be liable to you for any breach of these Terms or a failure to perform any obligations as a result of technical problems relating to your network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission (whether local or national), act or default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Zinga’s control.

8. Suspension and Termination

Zinga shall be entitled to suspend or terminate your access to any of the hearIT Services in the event that:

1. you breach these Terms;
2. you fail to pay any Daily Subscription Fees;
3. Zinga or STS is required to do so by law or regulatory authority; or
4. the Service is discontinued.

9. General

1. Applicable Law and Jurisdiction: These Terms are governed by and will be interpreted in accordance with South African law. You consent to the jurisdiction of South African courts and agree that any dispute arising out of these Terms or the interpretation thereof, both while in force and after its termination howsoever arising, will be submitted to and determined by a court of law in the Republic of South Africa.
2. Changes: Zinga may, from time to time, and in its sole discretion, amend these Terms. Such changes will be effected by way of publication thereof on its website, and you waive any right you may have to receive specific notice of such changes or modifications.
3. Waiver: No latitude, extension of time or other indulgence which may be given or allowed by Zinga to you in respect of the performance of any obligation or enforcement of any right arising from these Terms and no single or partial exercise of any right by Zinga shall under any circumstances be construed to be an implied consent by Zinga or operate as a waiver or a novation of, or otherwise affect any of Zinga’s rights, or estop Zinga from enforcing strict and punctual compliance with each and every provision of these Terms.
4. Contact: For support or queries, contact:
   • Phone: 011 507 4760
   • Email: info@smartcalltech.co.za