1. INTRODUCTION

• The Service is operated by JOKER MOBILE SOUTH AFRICA BH (Proprietary) Limited, which is a limited liability company registered in South Africa - 2017/515985/07, trading here as ‘Joker Mobile South Africa BH’ (the “Company“ ,"we","us",“our“).

2. MTN FC TERMS OF USE:

• SUBSCRIPTION SERVICE: 18+ ONLY. R5/DAY
• NOTICE: The MTN FC service is provided subject to these terms and conditions on www.mtnfc.co.za which explain how you may access and use the service, and the Privacy Statement, www.mtnfc.co.za which explains how we process and use your personal information (the “Agreement”). IF YOU ARE UNDER 18 OR IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT THEN DO NOT ACCESS THE SERVICE OR PROMPTLY CEASE USING THE SERVICE ON YOUR MOBILE DEVICE.

3. MTN FC CONTENT AND PRICING:

• MTN FC is an online platform through which MTN FC is a 100% digital football product focused on providing local South African and International football premium content to MTN SA football fans. (the “Content” ). Being a member of MTN FC gives you access to this wide and varied selection of Content.

MTN FC is a mobile subscription service charged at R5 per day which offers you unlimited access to 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 service provider. You authorize us to recover the relevant amounts directly from your network service provider who you authorize to pay us. You confirm that you are allowed to provide the authorizations given above. Network charges may also apply.

4. EFFECT OF THIS AGREEMENT

• 4.1 By consenting to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement. In the case of any inconsistency between any specific rules applicable to certain Content and this Agreement, this Agreement shall prevail.
• 4.2 We reserve the right to make any amendments to this Agreement, as we deem necessary, in our sole discretion. By continuing to use the Service you are accepting any changes to this Agreement.
• 4.3 Please note that to access or play certain Content, you may be required to accept the terms and conditions of use specific to such Content. Any such terms and conditions agreed to between you and the licensor of such Content, shall apply in addition to this Agreement, and such terms of use shall not in any manner limit, restrict, waive or substitute this Agreement.

5. YOUR REPRESENTATIONS

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

a) are located in South Africa;

b) are aged 18 years or over;

c) are of sound mind and capable of taking responsibility for your own actions;

d) can enter into a legally binding agreement and you are the person who has registered with us;

e) understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply;

f) are acting as principal and not on behalf of anyone else;

g) are the authorized owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.

• 5.2 You agree to abide in full by this Agreement.
• 5.3 You may only access the Content and/or use the Service by accessing: www.mtnfc.co.za (the “Website”). You are not allowed to access the Service through any other medium.
• 5.4 You hereby warrant to us that:

a)all information provided in your registration to the Service and all personal information provided to us is complete, accurate and not misleading;

b) you will only use the Service strictly for legitimate purposes only; and

c) you will not attempt to hack, make unauthorized 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.

6. 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 Services or Content or for any other reason.

7. REGISTRATION

• 7.1 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 will be required to provide certain personal information. Please refer to our Privacy Statement to see how we treat the personal information collected from you. When registering, you must provide accurate and complete information. You are responsible for keeping your account and password confidential and for restricting access to your mobile device.
• 7.2 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. If an alternative source has accessed your mobile number we accept no liability whatsoever 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.
• 7.3 We reserve the right to verify your identity at any time (including by using third parties, which may keep a record of that information). 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.
• 7.4 Upon completion of the registration we will confirm by SMS to the mobile number which you provided that your registration is now complete.
• 7.5 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 if we consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that we deem necessary, without any notice or liability.
• 7.6 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 this 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).
• 7.7 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 authorized third parties.

8. CANCELLATION:

• You are free to cancel your subscription at any time by following the instructions below:To unsubscribe dial *155# to follow the prompts and manage the cancellation of subscriptions.

We do not provide any monetary refunds for any credits on your account.

9. MARKETING COMMUNICATIONS:

• By entering into this Agreement, you consent to receive future marketing communications from us and our affiliates, including by way of electronic communication. You represent that you are not on any Do Not Call / Do Not Disturb / Opt-out registries which would preclude us from sending you these communications. All communications will abide by our Privacy Statement and applicable law. 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.

10. COMPATIBILITY

• 10.1 It is your responsibility to acquire and maintain, at your own expense, the necessary mobile device, communication lines, data and Internet access accounts required to access the Services. We do not guarantee that access to the Services or the Content shall be error free.You may experience problems or be unable to access or download certain Content successfully depending on the mobile device used to access or download certain Content onto. Access via streaming will be available for all smart devices. For feature devices which are not compatible with streaming, downloads will be available. Non-android smartphones (such as iOS devices and Windows devices) and possibly some Android phones will only be able to access limited Content due to the type of Operating systems on the mobile devices. This is an issue with the third-party technology used in the provision of the Content which is not available on all handsets and out of the Company’s control. If you have this type of 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 support@awg.la 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, and that we are not responsible for any costs that you incur while attempting to access the Services or the Content, including payments towards internet and broadband access or any additional expenses incurred by you (including charges imposed by your network service provider for 4G/or roaming access).
• 10.2 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.
• 10.3 We do not warrant that the Content shall function in accordance with the rules of such Content. All images, videos and presentations used for the promotion of the Content are merely representative and we do not warrant that you will be able to experience/perform the Content in the same manner.

11. SECURITY POLICY

• 11.1 Any information that you submit to us via the Website and Services, including personal information, is subject to the terms of our Privacy Statement.
• 11.2 By using or accessing the Services, you

i) consent to the use of electronic communications in order to conclude contracts and communicate with the Company;

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 the Company in connection with transactions initiated or completed by you online.

• 11.3 We will not sell your personal details 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.

12. REWARDS

• 12.1 We may offer from time to time Content which is free to access but which will require full registration.
• 12.1 The rules of access to free Content will be displayed on the Website and may be accessible to non-registered members.

13. COMPLAINTS AND DISPUTES

• 13.1 Should you wish to make a complaint to us in respect of the Service or other matter, please contact us by emailing support@awg.la or by writing to our address at the bottom of this Agreement. We will endeavor to assist you as soon as reasonably possible.
• 13.2 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. WASPA website: www.waspa.org.za

14. OUR LIABILITY

• 14.1 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, directors, employees, agents and sub-contractors) to you in respect of:

a) any breach of this Agreement; and

b) any representation,statement and/or act or omission including negligence arising under or in connection with the Service.

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

a)for death or personal injury caused by the Company’s negligence; or

b)for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or

c)for fraud or fraudulent misrepresentation.

• 14.3 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 services 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 Services in whole or part without incurring any liability.
• 14.4 All representations, warranties and terms (whether express or implied) not set out in this Agreement are to the fullest extent permitted by law, excluded. We do not make any warranty that the Services or the Content will meet your requirements, or that the Services or the Content will be uninterrupted, timely, secure, free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected. You agree to indemnify us in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of contract or its negligence) which we may suffer arising out of or in connection with your BREACH OF THIS AGREEMENT OR your use of the Services or otherwise arising out of or in connection with our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.
• 14.5 Subject to Clause 10.2,

a) our liability to you in contract, delict (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;

b) we shall not be liable to you for any SPECIAL, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not we have been made aware of it;

c) 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.

• 14.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services 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 authorization to access materials, nor any accreditation of any such materials held at that location.
• 14. 7We 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.
• 14.8 We are not liable for any failure to perform by a third party to this Agreement.

15. INTELLECTUAL PROPERTY

• 15.1 The copyright, database rights and other intellectual property Rights (“IPR”) in material displayed on or via the Service (the “Materials“, which expression includes text, data, graphics, photographs, videos, animation, images and audiovisual content, are owned by or licensed to us or are the ownership of third party websites). The IPR is protected by the laws of South Africa, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against you or any such person who makes unauthorized copies or distribution of Materials and/or IPR.
• 15.2 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.
• 15.3 You may not use the Website:

a) to deploy within the Website any spider, robot, web crawler, scraper or other automated query program;

b) to re-use and/or aggregate any of the Materials in the provision of a commercial service;

c) for any harmful or illegal purpose;

d) for disclosing, sharing or publishing material that may be offensive, defamatory, abusive, regulated, copyrighted, incorrect, untrue, prohibited, infringing, pornographic, obscene, indecent, unconstitutional or damaging to any person;

e) for the creation, storage and sending of unsolicited commercial communications, for example spam, chain letters, or pyramid schemes;

f) to infringe any third-party right, whether personal or proprietary;

g) to distribute viruses or any other technologies that may harm the Company or the interests or property of other Website users;

h) to impose an unreasonable load on the Company’s infrastructure or interfere with the proper working of the Company;

i) to copy, modify, or distribute any other person's content without their consent;

j) to harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person; or

k) to bypass measures used to prevent or restrict access to the Website.

• 15.4 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.
• 15.5 Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.

16. SUBMISSION OF INFORMATION

• Save for personal information (which shall be dealt with in accordance with our Privacy Statement), 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.

17. GENERAL

• 17.1 This 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.
• 17.2 If any part of this 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 this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
• 17.3 No failure or delay by us to exercise any of our rights under this 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.

18. GOVERNING LAW AND DISPUTES

• This 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 this 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 INFORMATION

If you have any questions concerning this Agreement please contact:

Customer Services : Joker Mobile South Africa BH (Pty) Ltd. 2nd floor, block 2, Northgate Park CNR, Section STR Koeberg RD PAARDEN, Western Cape 7405, Cape Town

Email : support@awg.la

Joker Mobile Contact Centre +27875510506 or Call 135 (MTN Contact Centre)

Dial : *155# to unsubscribed by following the prompts and manage the cancellation of subscriptions.

Update: 1st June 2020

LANDING PAGE - LEGAL INFORMATION

(This info will put in the footer of the Landing Page )

Y’ello. Subscribe to MTN FC at R5.00/day. 1st day free. To cancel dial *155#. Call 135 for help. Ts&Cs www.mtn.co.za

1. Subscription charges to MTN FC are R5.00 per day or lesser amount (auto-renewal). Once successfully subscribed, you can access a digital football product focused on providing local South African and International football.

2. MTN FC does not provide free gifts or contests to win any gifts or any form of incentive based advertising. Do not subscribe if you have been led by any incentive based advertising.

3. No commitment, you can cancel any time dialing *155#, select ¨Unsubscribe¨.

4. You need an active data pack to download or watch videos from this service. You will be charged for data if you download or watch videos without an active data pack.

By clicking continue you are accepting the Terms and Conditions. Service provided by Joker Mobile. Daily subscription.