My Muze

The terms of this agreement (“Terms and Conditions”) govern the relationship between you and Vodacom (Pty) Ltd and its affiliates (hereinafter “My Muze” or “Us” or “We”) regarding your use of the My Muze Service and related features (the “Service/ My Muze”). My Muze is a subscription based music service whereby a subscribed user access, download and play as much music as they like at a set fee. The Service is available to both Vodacom and non-Vodacom subscribers. Use of the Service is also governed by Vodacom’s Privacy Policy which is incorporated herein by reference.

1. Your Acceptance of these Terms and Conditions
a. Vodacom is the provider of My Muze, in its various formats and the Service is accessible via mobile devices. Please read these Terms and Conditions and the Vodacom’s Privacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions and you also agree to Vodacom’s right to share your information with third party service providers who enable the provision of the Service.
b. If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the My Muze website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.

2. My Muze Access
a. To access the Service you must complete the registration process and accept these terms and conditions on the Service
b. When registering for the Service you will need to use your mobile number. Only one registration is permitted per mobile number.
c. Both Vodacom and non-Vodacom (who have the technical ability to access the Service) subscribers within the Republic of South Africa may register and use the Service subject to these Terms and Conditions.
d. The Service is available for use as: single track purchase, album purchasing, and track packs as stated above. The Service will be activated only at the time when the user requests it, following registration on the Service.
e. The Service is continuously being improved and therefore features and functionality may change, and/or be removed, from time to time without notice.
f. The Service and its associated content is only available for consumption in the Republic of South Africa and will not be available when you are roaming in another country.
g. You must ensure that specific user names and passwords to access the Service are under your full control. You may never use another person’s account without permission. You are solely responsible for the activity that occurs on the Service account and you must keep your login credentials secure. You must notify us in case of a breach of security or unauthorized use of your registration details for the Service account and/or log-on credentials.

3. Right to Use the Service
a. Vodacom owns or has licensed, or otherwise has rights to use, or provide all of the content that appears in the Service.
b. We grant you permission to use the Service, in accordance with these Terms and Conditions, provided that:
i. your use of the Services is only for your personal, non-commercial purposes;
ii. you do not copy or distribute any part of the Service in any medium without our prior written authorization;
iii. you do not alter or modify any part of the Services other than as may occur during your proper use of the Service for the intended purpose; and
iv. you comply with these Terms and Conditions.
c. We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason on prior notice to you and shall incur no liability of whatsoever nature for doing so. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content in the Service.
d. We do not permit copyright infringing activities or the infringement of intellectual property or other proprietary rights (including privacy and publicity rights) in connection with the Service.
e. You acknowledge that we may from time to time issue upgraded versions of the Service and these will be incorporated automatically for any versions of the service that are not downloaded to your device (e.g. USSD, mobi site, mobile web app). You consent to such upgrading of the Service, and agree that these Terms and Conditions will apply to all such upgrades.
f. If you are a Vodacom subscriber and accessing the Service in the Vodacom network, browsing usage of the Service is zero rated. Downloading and streaming of music in your device will be charged at standard data charges as per your existing tariff price plan.
g. If you are not a Vodacom subscriber, browsing usage of the Service, downloading and streaming of music will result in you incurring coststhat will be charged at standard data charges as per your existing tariff price plan with your service provider.
h. You acknowledge that from time to time, the Service’s availability may be limited due to maintenance, upgrade or other technical reasons as relevant.
i. Vodacom reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Vodacom shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, or any discontinued parts thereof, as applicable.
j. To the extent allowed by law, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied. Vodacom does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; or that defects will be corrected.
k. You acknowledge that Vodacom may appoint third party companies and individuals to facilitate the Service (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Vodacom not to disclose or use it for other purposes.
l. If you are a non-Vodacom subscriber, you acknowledge that Vodacom reserves the right to offer the Service, or certain features of the Service, exclusively to Vodacom subscribers. You accept that in some cases, should you wish to access / use the Service, you may need to become a qualifying Vodacom subscriber to do so.
m. The Service includes the provision of news about music and music related content. Vodacom or its appointed 3rd party maintains and owns the relevant licences and rights to display and provide such content via the Service. Neither Vodacom nor the 3rd party appointed to provide this content may be held liable for any harm or consequences arising as a result of any unintended inaccuracies or discrepancies in the content.
n. You acknowledge that the Service is a partially advertisement funded service which amongst other means, allows Vodacom to be able to provide the Service. As such, you acknowledge, whether registered or not, that you will be exposed to banner, text, video, animated or other in-Service advertising and promotions media. Should you not wish to view such advertising while using the Service, please do not register and use the Service.
o. Through the Service, we may occasionally offer you the opportunity to enter into challenges, contests, and competitions subject to any further terms and conditions or rules. By entering into such challenges, contests, and competitions, you agree to be bound by such additional terms, conditions and rules. In the event of a conflict between these Terms and Conditions and the specific rules of any such challenges, contests or competitions, the specific rules of such challenges, contests or competitions shall govern to the extent of the conflict.

4. Communication and Notifications
a. By registering, you agree to the following:
i. You give us consent to provide you with various notifications and messages about / based on your interaction with the Service. These notifications will be delivered to you in the form of text messages, or in-browser notifications.
ii. These messages may include, but are not limited to:
1. periodic messages to encourage, remind or re-engage you to browse or access the Service;
2. messages inviting you to share, voluntarily, additional data about yourself or your preferences;
3. messages inviting you to try alternate versions of the Service based on Vodacom’s knowledge of the device you are using to access the Service;
4. confirmation messages relating to your registration or deregistration for the Service, and/or when you purchase / subscribe / unsubscribe to any premium services available on the Service;

5. Fees and Payment Terms
a. You acknowledge and accept that theService requires payment on a once-off or subscription basis, as applicable.
b. Depending on the chosen option you may be billed ad-hoc, daily, weekly, or monthly. Subscription and usage is voluntary and occurs via the Service. The charges for the Services is subject to change, at Vodacom’s, or the relevant third partycontent owner’s discretion. Any changes therein will be communicated to subscribed users with reasonable notice and you will be afforded the option to unsubscribe.
c. Payments for the Service will be levied against the payment method of your choice on the Service.
i. When paying via your Vodacom mobile bill, the charge will be taken from your prepaid airtime balance (for TopUp and prepaid users), or added to your account (for postpaid users).
ii. No refunds will be allocated for partial use of the Service.
d. Users will always be advised of the fees payable for the Services and such users must first accept the cost prior to subscribing.
e. Subscriptions can be cancelled at anytime via the Service menu.
f. When using full track music service, downloads of the music to your device you be charged as per your existing tariff price plan with your service provider.
g. When using streaming audio or video content, you acknowledge that the quality of the playback of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats. You are responsible for all Internet access charges.
h. Full Track Music Services
i. This is a once off and subscription to music service whereby a consumer can access, download music at the set fee. This service is available to users nationwide. The cost of this service is set out below.
1. Single Purchase Tracks: R2.5 and R5 per discounted track; R7.50 for a normal track; R9.99 for premium track
2. Albums: R50 for discounted album; R129 for normal and R149.99 for a premium album
3. Subscription: R9.99 weekly recurring gives you 3 full track download credits a week
4. Subscription: R17.99 monthly recurring gives you 5 full track download credits a month
5. Subscription: R29.99 monthly recurring gives you 10 full track download credits a month
ii. Tracks can be purchased as a once-off charge or under a subscription.
iii. Albums can be purchased as a once-off charge.
i. Welcome Tones
i. This service allows registered users to subscribe and assign a welcome tone to their mobile device enabling people who attempt to call the subscribed user to hear the welcome tone as a ringtone when the call is ringing before being answered.
ii. Welcome Tones can be purchased under a subscription.
iii. Should a registered user attempt to subscribe to Welcome Tones via their Vodacom mobile bill and not have the funds available in their airtime wallet, subsequent attempts will be made at lower price points and reduced validity periods up to R0.30 for 3 days of access to the Welcome Tone chosen.
iv. Registered users will not be allowed to activate a Welcome Tone if payment is unsuccessful.
v. Registered users can subscribe to more than one Welcome Tone at a time, up to 25.
vi. The active Welcome Tone can be managed under the management settings menu for Welcome Tone.
vii. If the registered user does not manage any active Welcome Tones, the selected tones will play on a last-in, first-out basis.
viii. Subscribers may cancel their subscription to Welcome Tones by dialling 117800, or via the Service menu.
ix. If the subscriber unsubscribes before the end of the Welcome Tone period, the subscriber subscribed for the Welcome Tone will remain active until the calendar period (7 or 30 days) has been reached / lapses.
x. When gifting a Welcome Tone to another user, the receiver of the Welcome Tone will be required to accept the Welcome Tone in order to access it for the gifted period. Thereafter, the receiver will have to accept the renewal charge for the Welcome Tone for it to remain active. j. Vodacom Ticket purchases
i. Registered users are able to purchase the Music Ticket under the Vodacom Ticket bouquet of data bundles via the Service.
ii. Purchases of Music Ticket are governed by the Vodacom Ticket terms and conditions.
k. Vodacom Once-off Data Bundle purchases
i. Registered users are able to purchase Vodacom once-off data bundles via the Service.
ii. Purchases of Vodacom Once-off Data Bundles are governed by the Vodacom Once-off Data Bundles terms and conditions.

6. R5 per day Full Track Music Service
a. The customer acknowledges and accept that the Service requires payment on a subscription basis.
b. Subscription and usage is voluntary and occurs via the Service. The charges for the Services is subject to change, at Vodacom’s, or the relevant third party content owner’s discretion. Any changes therein will be communicated to subscribed users with reasonable notice and you will be afforded the option to unsubscribe.
c. Payments for the Service will be levied against the payment method of your choice on the Service.
d. When paying via your Vodacom mobile bill, the charge will be taken from your prepaid airtime balance (for TopUp and prepaid users), or added to your account (for postpaid users).
e. No refunds will be allocated for partial use of the Service.
f. Users will always be advised of the fees payable for the Services and such users must first accept the cost prior to subscribing.
g. Subscriptions can be cancelled at anytime via the Service menu and customer care.
h. When using full track music service, downloads of the music to your device you be charged as per your existing tariff price plan with your service provider.
i. This is a daily recurring subscription to music service whereby a consumer can access, download music at the set fee. This service is available to users nationwide. The cost of this service is set out below.
i. Subscription Cost: R5 daily recurring gives access to download unlimited full tracks from the “R5 per day playlist”
ii. The customer will be billed R5 per day
iii. No grace period will be implemented on this price point

7. Limitation of Liability
a. You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or services linked to this Service and assume no liability or responsibility for any
i. errors, mistakes, or inaccuracies of content;
ii. personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services;
iii. any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
iv. any interruption or cessation of transmission to or from the Services;
v. any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party; or
vi. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
b. To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use these services or its content, or any product or service described or provided through the Service.
c. Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to:
i. any use or alleged use of the Service by any other person, whether or not authorized by you;
ii. your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and
iii. your violation of any law or
iv. your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.

8. Privacy and Data Protection
a. This clause explains how we collect, use, share and protect your personal information. This clause should be read together the Vodacom’s Privacy Policy . If we update this clause and our privacy policy, we will post any changes on our website.
Collecting your personal information
b. We can get your personal information when you use this Service. In the case of the use of the Service your personal information is collected for the purpose of being used and processed in:
• personalising the Service to your respective preferences,
• for the serving of appropriate, tailored advertising to you via the Service,
• for the purpose of tracking the Service’s performance,
• troubleshooting, data analysis, testing, research and service improvement and/or to identify any technical issues that may occur from time to time,
• for use in devising additional enhancements or improvements to the Service, and for
• statistical, tracking, redundancy and audit purposes.
c. The above data will not be shared with other users of the Service. However, Vodacom may collect your information in terms of clause 9 (h) and (i) below.
d. We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. We may also collect information about you from other companies, our business, or joint venture partners.
Understanding what you want
e. We might also use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your movements on our website). These collect information that tells us how you use our websites, web-related products and services.
f. This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again. See the next section for more details.
g. You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie.
The personal information we collect
h. The information we collect about you depends on the Vodacom and Vodafone products and services you use and subscribe to. It includes (but is not limited to) the following:
i. your name, gender, , date of birth, home language, address, and email address;
ii. your preferences for particular products, services or lifestyle activities when you tell us what they are – or when we assume what they are, depending on how you use our products and services;
iii. your contact with us – such as a note or recording of a call you make to one of our contact centres, an email or letter you send to us or other records of any contact you have with us;
iv. your account information – such as phone number, handset type, handset model,, whether you are a post or prepaid customer, dates of payment owed and received, TopUp information, the subscription services you use or any other information related to your account.
i. We will also get information on how you use our products and services, such as:
i. the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from);
ii. the date, time and length of the calls and messages you send or receive through our network, and your approximate location at the time these communications take place;
iii. the level of service you receive – for example, network faults and other network events which may affect our network services;
iv. your website browsing information (which includes information about the websites you visit, and about how you use our website or other Vodafone Group websites on your mobile or a PC;
v. the date, time and length of your internet browsing, and your approximate location at the time of browsing;
Using your personal information
j. We may use and analyse your information to:
i. process the goods and services you have bought from us, and keep you updated with your order progress;
ii. keep you informed generally about new products and services (unless you choose not to receive our marketing messages);
iii. provide the relevant service or product to you. This includes other services not included in this terms and conditions, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product;
iv. contact you with offers or promotions based on how you use our products and services. These include your calling and messaging activities, location information and browsing information (unless you choose not to receive these messages – see below on ‘How to opt-out’;
v. send you targeted and relevant messages, based on your behaviour, permission and preferences. From time to time, we will send you a range of different messages, from Vodacom as well as brands, to keep you informed, or simply for you to tell us what you are into. These are not just offers and promotions but messages from your favourite brands including new products, discounts, limited offers, gifts and more. It works by using information about you to send you targeted messages relevant to you;
vi. bill you for using our products or services, or to take the appropriate amount of credit from you;
vii. respond to any questions or concerns you may have about using our network, products or services;
viii. let you know about other companies' products and services we think may interest you (including offers and discounts we’ve specially negotiated for our customers);
ix. protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times
x. understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you;
xi. carry out research and statistical analysis including to monitor how customers use our network, products and services on an anonymous or personal basis;
xii. prevent and detect fraud or other crimes, recover debts or trace those who owe us money;
xiii. provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual).
k. The information we use will be your approximate location, based on the nearest mobile cell site. As a result, this will change as you move around with your mobile phone.
l. We will store your information for as long as we have to by law. If there is no legal requirement, we will only store it for as long as we need it.
Sharing your personal information
m. We may share information about you with:
i. companies in the Vodacom and Vodafone Group (Vodafone Group Plc and any company or other organisation in which Vodacom owns more than 15% of the share capital);
ii. partners or agents involved in delivering the Services;
iii. companies who are engaged to perform Service for, on behalf of Vodacom (Pty) Ltd including Vodafone Limited, or the Vodafone Group;
iv. where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies;
v. debt collection agencies or other debt recovery organisations;
vi. law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law;
vii. emergency services (if you make an emergency call), including your approximate location.
n. We will release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.
o. If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.
p. We may need to transfer your information to other group companies or service providers in countries outside South Africa. This may happen if our servers or suppliers and service providers are based outside South Africa, or if you use our services and products while visiting countries outside this area.
q. At your option, we may also share your information with partner organisations we’ve chosen carefully, so they can contact you about their products and services.
Keeping your personal information secure
r. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.
s. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we will make sure they have appropriate security measures and only process your information in the way we’ve authorised them to. These organisations will not be entitled to use your personal information for their own purposes. If necessary, our security teams will check them to make sure they meet the security requirements we have set.
t. Communications over the internet (such as emails) are not secure unless they have been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.
How to opt-out
u. If you want to opt out of Service and content notifications, alerts or messages, use the Service menu to navigate to your profile to manage your notification settings.
v. Please note you may not opt out of system messages.
w. You can choose to opt out of partner communications specifically by sending a sms with STOP to 30881.

Body Party

Ciara

(p) 2014 Sony Music