Terms & Conditions

SUBSCRIPTION SERVICE: 18+ ONLY. R3/DAY

Notice: The Fantasy Kings service is provided subject to these terms and conditions which explain how you may access and use the service and the Privacy Policy which explains how we process and use your personal information (the "Agreement").

IF YOU ARE UNDER 18 OR DO NOT HAVE THE BILL PAYERS PERMISSION TO USE THE SERVICE - THEN DO NOT ACCESS THE SERVICE OR PROMPTLY CEASE USING THE SERVICE

Fantasy Kings Competitions, Content and Pricing

Fantasy Kings, accessible via the following channels: https://fantasykings.co.za and USSD string *120*1996#, is a mobile subscription service charged at R3 per day which offers you one entry to each competition and unlimited access of the content available while you remain subscribed (the "Service").

The daily charge will be recovered directly from your network service provider and you will, in turn, pay your network provider. You authorise us to recover the relevant amounts directly from your network service provider who you authorise to pay us. You confirm that you are allowed to provide the authorisations mentioned above. Network charges may also apply.

Fantasy Kings offers competitions, sport news and mobile sport content (the "Content"). Being a member of Fantasy Kings gives you access to this selection of mobile content.

Marketing Communications

By entering into the Agreement, you consent to receive 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 below or in each message sent to you.

Cancellation

You are free to cancel your subscription at any time by following the instructions below:

SMS "Stop" to "43745" to unsubscribe.

1 Introduction

The Service is operated by Worldplay (Pty) Ltd, which is a limited liability company registered in the Republic of South Africa under company number 2002/031588/07 (the "Company", "we", "us", "our").

2 Effect of the Agreement

2.1 By accessing and/or using this Website and/or the Service and/or by continuing to use this Website and/or the Service you agree to be bound by the entirety of the Agreement, as may be amended by us from time to time. If you do not agree to the terms of the Agreement, do not use the Website or the Service. In the case of any inconsistency between any specific rules applying to the Service or any other service or offerings provided by us and the Agreement, the Agreement shall prevail. The Agreement does not, however, alter in any way the terms or conditions of any other written agreement you may have with us.

2.2 We reserve the right to make any amendments to the Agreement, as we deem necessary, in our sole discretion. When we make such amendments, we will revise the "Last Updated" date in the Agreement. Any changes will be effective immediately upon posting on the Website. By continuing to use the Service you are accepting any changes to the Agreement.

3 Your Representations

3.1 By seeking to register with us or by using the Service you hereby represent and warrant to us that at all such times you:

  1. are located in South Africa;
  2. are aged 18 years or over;
  3. are of sound mind and capable of taking responsibility for your own actions;
  4. can enter into a legally binding agreement and you are the person who has registered with us;
  5. understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply;
  6. are acting as principal and not on behalf of anyone else;
  7. are the authorised owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.

3.2 You agree to abide in full by the Agreement.

3.3 You may only access the Content and/or use the Service by accessing: https://fantasykings.co.za (the "Website") and *120*1996# (the "USSD Site"). You are not allowed to access the Service through any other medium.

3.4 You hereby warrant to us that:

  1. all information provided in your registration to the Service and all personal information provided to us is and will remain complete, accurate and not misleading;
  2. you will only use the Service strictly for legitimate purposes only;
  3. you will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the Website, the Service or the Company by any means. Charges and proceedings may be brought against you if you try to manipulate the Service or any of the Content 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
  4. you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications and privacy.

4 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 such Service or Content or for any other reason, or discontinue same.

5 Registration

5.1 Before you are able to access any of the Content or use the Service, you will be required to register with us by completing the registration process on the Website. You consent to us using any information provided by you through the registration process for the purposes of providing the Service and performing our obligations under the Agreement.

5.2 Following registration you will be provided with access to the Service, upon being successfully billed by us via the mobile phone number that you registered with. 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 use of your mobile device at all times and for the safeguarding of your account details. If an alternative source has accessed your mobile number we, our subsidiaries, affiliates, licensors, employees and agents accept no liability whatsoever and howsoever arising including but not limited to any charges, information lost, stolen or misused. If you believe that your mobile number is in any way being misused by a third party please inform us immediately so that we may suspend the Service.

5.3 We reserve the right to verify your identity at any time (including by using third parties, which may keep a record of that information), to which you expressly consent by agreeing to these terms. We reserve the right to conduct checks against any of the details provided by you to us in your registration. If upon our request you fail to provide evidence of proof of age or other requested information this will result in the suspension of your registration and/or the Service.

5.4 Upon completion of the registration we will confirm by SMS to the mobile number which you provided that your registration is now complete.

5.5 We reserve the right to monitor the use of the Service and we may elect, in our sole discretion to suspend and/or terminate the registration or block your access to the Website if we consider or suspect that the Service or any parts thereof is being used in breach of the Agreement or in violation of any applicable laws or regulations, for any other reason that we deem necessary.

5.6 You agree to return in the same condition or forthwith settle to us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to you under the Service, in circumstances where we subsequently discover that you have breached the Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).

5.7 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 on such calls to our authorised third parties.

5.8 Subject to payment by you of the fees indicated herein, we grant you a non-exclusive and non-assignable licence to access and use the Service and Content, strictly in accordance with the Agreement. By accessing and/or using the Service or the Content, you (i) accept the licence granted to you as aforesaid, (ii) are authorised to use the Service and Content only for the purpose for which it has been provided; (iii) acknowledge that you obtain no rights of ownership of the Service or the Content whatsoever, and (iv) agree that you will not grant any third party direct access to the Service or the Content.

5.9 You agree not to, and agree to ensure that no other party permits any other person, directly or indirectly, to, access, use or otherwise exploit the right and ability to use the Service or Content in any way, including by permitting it to be either re-sold, distributed, sublicensed, loaned, transferred or provided to others in a similar way, or to use or copy (irrespective of the extent of copying) the whole or any part of the graphic user interface for incorporation into or the development of any software or other product or technology.

5.10 When accessing and using the Service, the Content or the Website, you must:

  1. not attempt to undermine the security or integrity of our computing systems or networks or, where the Service, the Content or the Website are hosted by a third party, that third party’s computing systems and networks;
  2. not use, or misuse, Service, the Content or the Website in any way which may impair the functionality thereof, or impair the ability of any other user to use it;
  3. not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service, the Content or the Website is hosted;
  4. not modify, translate, or create derivative works based on the Service, the Content or the Website, nor reproduce, reverse assemble, decompile or reverse-engineer Service, the Content or the Website, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Service, the Content or the Website or any files contained in or generated by the Service, the Content or the Website, nor may you permit any third party to do so;
  5. not merge or combine the whole or any part of the Service, the Content or the Website with any other software or documentation without our prior written consent; or
  6. remove, delete or obscure any copyright, trademark or other marks or proprietary notices associated with or generated by the Service or the Content.

6 Compatibility

6.1 You may experience problems or be unable to access certain Content successfully depending on the mobile device used to access certain Content onto. If you have an issue that limits your access to some or all of the Content and would like to raise a query or ask for technical assistance, please email our customer support team at sales@worldplay.co.za. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile device or loss of data resulting from any such incompatibility.

6.2 We make no representation as to the compatibility of your mobile device with the Service and you acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of your mobile handset with the Service and/or the Content.

7 Security Policy

7.1 We will not sell your personal detail to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service or if we are required by law to do so.

7.2 Furthermore, you agree that

  1. the information which you submit and store via the Website may be stored on our computer servers, which servers may be controlled, hosted and managed by our affiliates or third-party contractors, who will be bound to these confidentiality and privacy provisions;
  2. we may disclose such information and other relevant information to our affiliates and third-party contractors who assist us (and our affiliates) to provide the Service and the Website, who will be bound to these confidentiality and privacy provisions; and
  3. we may access and use non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Service and the Website so we can improve the system design and, where appropriate, have the system prompt users with suggestions on ways to improve their own use of the system, and expressly consent to our use of your information as aforesaid.

8 Rewards

8.1 We may offer from time to time Content which is free to access but which will require full registration.

8.2 The rules of access to free Content will be displayed on the Website.

9 Complaints and Disputes

9.1 Should you wish to make a complaint to us in respect of the Service or other matter, please contact us by emailing sales@worldplay.co.za or by writing to our address at the bottom of these terms. We will endeavour to assist you as soon as reasonably possible.

9.2 The Company is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint, to which you hereby consent. For more information, please visit the WASPA website: www.waspa.org.za.

10 Our Liability

10.1 The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, employees, agents and sub-contractors) to you in respect of:

  1. any breach of the Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or its employees, agents or subcontractors;
  2. any representation, statement and/or tortuous act or omission including negligence arising under or in connection with the Service; and
  3. the use of the Website, the Service or the Content, or the unavailability of the same.

10.2 Nothing in these terms and conditions excludes or limits our liability:

  1. for death or personal injury caused by the Company’s negligence; or
  2. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or
  3. for fraud or fraudulent misrepresentation.

10.3 We are not liable for any loss or damage that you may suffer because of any act of God, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication service 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 Service in whole or part without incurring any liability.

10.4 The Website, Content and Service are provided "as is" and all representations, warranties and terms (whether express or implied) not set out in the 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 the same. You agree to indemnify us and our directors, members, employees, content providers, agents and affiliates in respect of any liability, damages, costs or claims whatsoever and howsoever arising (save to the extent the same arise out of or in connection with the Company’s breach of contract or its negligence) arising out of or in connection with

  1. your use of (or inability to use) the Service or otherwise arising out of or in connection with our Service, or
  2. your breach or alleged breach of the Agreement.
Your statutory rights as a consumer (if any) are not affected by the Agreement.

10.5 Subject to Clause 10.2,

  1. our liability to you in contract, tort (including 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;
  2. we shall not be liable to you for any direct, indirect, incidental, punitive, special or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity, business interruption, loss of business information, loss of data and loss of contract) 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;
  3. 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 Website, the Content or the Service or its content, 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 content.

10.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or Service offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Website (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 its 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 Website of a link to another website does not constitute any authorisation to access materials, nor any accreditation of any such materials held at that location, and the Agreement does not apply to any resulting access to or use of any service or product procured from any third party.

10.7 We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Website and/or Service (save to the extent expressly provided on the Website or Service) and we reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.

10.8 We are not liable for any failure to perform by a third party in connection with the Agreement.

10.9 We will not be liable to you or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in, the Service for any reason whatsoever. We will use our best endeavours to notify you of any maintenance and repairs which may result in the Service being unavailable, but do not warrant that such notice will be given in advance, especially in the case of unplanned maintenance or repairs.

10.10 We shall not be liable to you or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, and you hereby expressly indemnify us against any claims in respect of such loss or damage resulting from or related to your use of or inability to use the Website, the Service or the Content:

  1. any fact or circumstance beyond our reasonable control;
  2. any breakdown in the service provided by any Internet service provider (including, but not limited to a line failure);
  3. the performance or unavailability of the Website, or any other Web site or database to which it is connected;
  4. any suspension or interruption in the provision of access to the Website, the Service or the Content;
  5. any breach of privacy or security by any person or entity;
  6. the loss, damage, destruction, theft, contamination or corruption of any data, registration information or content accessible by means of the Website;
  7. the preservation and integrity of any text or any other form of data, registration information or Content which is contained on or accessible from the Website;
  8. any publication or use of any registration information, Content or data contained on or accessible from the Website; or
  9. your access to the Internet or the Website.

11 INTELLECTUAL PROPERTY

11.1 The copyright, database rights and other intellectual property rights ("IPR") in material displayed on or via the Website and the Service (the "Materials", which expression includes text, data, graphics, photographs, videos, animation, images and audio-visual content), are owned by or licensed to us or are the ownership of third party websites, and any unauthorised use thereof is expressly prohibited. The IPR are protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorised to copy or distribute any Materials and/or IPR and legal action could be taken against you or any such person who makes unauthorised copies or distribution of Materials and/or IPR.

11.2 Any downloading, use or copying of the Materials is strictly prohibited and, in particular, you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purposes.

11.3 The following activities are prohibited without our express prior written permission:

  1. the deployment within the Website of any spider, robot, web crawler or other automated query program; and
  2. the re-use and/or aggregation of any of the Materials in the provision of a commercial service.

11.4 The copying and use of third party Materials accessed via the Website is governed by the terms of use applicable to the third-party website accessed by you.

11.5 Our names and associated logos and slogans, including the look and feel of the Website are our exclusive trademarks and/or service marks, whether registered or unregistered, and cannot be used by you in any way whatsoever without our prior written permission. You may not use metatags or any other HTML tags, comments or hidden text utilising "Fantasy Kings" or any other name, trademark or product or service name of Fantasy Kings without our prior written permission.

12. SUBMISSION OF INFORMATION

Save for personal information (which shall be dealt with in accordance with the Privacy Policy), you hereby grant us an exclusive, royalty-free, irrevocable right/licence in and to all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us or other users through the Service will become our exclusive property and we shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction or consideration whatsoever.

13. GENERAL

13.1 The 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 Website, Content and the Service. Notwithstanding the foregoing, if you are granted access to the Website by virtue of a separate written agreement with us, the Agreement must be read in conjunction with such agreement, which takes precedence over the Agreement in the event of any conflict.

13.2 If any part of the 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 the Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

13.3 No failure or delay by us to exercise any of our rights under the 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. Any rights not expressly granted herein are reserved.

14. GOVERNING LAW AND DISPUTES

The 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 Website and 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 the 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 Website, the Service, its Contents whether in whole or part.

Customer Service

If you have any questions concerning the Agreement please contact:

Customer Services: WorldPlay (PTY) Ltd, Parktown Quarter, C/o 7th Ave and 3rd Ave Parktown North, 2391

Email: sales@worldplay.co.za

Text: send "GM off" to "31009" to unsubscribe at any time.

Updated: 17 August 2018