Terms and Conditions
35050 GOLD Terms and Conditions

35050 GOLD offering and pricing
35050 GOLD is a mobile subscription service charged at R5 per day and offers you unlimited downloads of the content available while you remain subscribed. The daily charge will be recovered directly from your service provider and you will in turn pay your service provider. You authorise us to recover the relevant amounts directly from your service provider who you authorise to pay us. You confirm that you are allowed to provide the authorisations mentioned.

35050 GOLD has a great amount of content-from java games to applications, songs and other cool features to enjoy and customise your phone with. We have lots of your old favourites plus an extensive amount of new content added on a regular basis. We are constantly adding new content categories. Being part of 35050 GOLD gives you unlimited access to this vault of amazing mobile content.

Marketing Communications
You consent to receiving future marketing communication from us. You can however opt out of these messages by following the opt-out instructions in each message sent to you.

You are free to cancel your subscription at any time. Your cancellation will be effected on the first business day after you have notified us of cancellation or unsubscribed.

The Legal Stuff

All references to "Buongiorno", "we", "us" and "our" in these terms and conditions refer to Buongiorno South Africa (Proprietary) Limited, registration number 1990/04637/07. All references to "you" refer to you, the user that subscribes to the Services. All references to the "Services" include all the 35050 Gold service offerings available through various channels.

We may update these terms and conditions from time to time and will then notify you of any changes. Please do however check our WAP site www.35050.mobi regularly for any updates to these terms and conditions.

Your access to and use of the Service is governed entirely by these terms and conditions which means there is no other agreement between Buongiorno and you relating to the subscription and use of the Services. The laws of the republic of South Africa will exclusively govern our (legal) relationship and these terms and conditions.

You must be 18 years or older to access (and subscribe for) and use the Services. If you are not then you will need the consent of your parent or guardian to access or use the service. We will assume that you are 18 or older or otherwise have the consent of your parent or guardian (who must have accepted these terms and conditions on your behalf) if these terms and conditions have been accepted.

Our 35050 GOLD subscription is charged at the rate referred to above. This does not include the costs of accessing the Services or downloading content which is charged at the rates determined by your service provider. To download images, videos, tones and Games (in JAVA or any other application format) you must have a WAP enabled mobile phone and you must obtain confirmation from your service provider and/or handset manufacturer that your mobile phone is compatible and able to receive our products before downloading any material and/or information. Our content is compatible with a variety of different handsets, however all the content on this service may or may not be compatible with your handset. We currently have very limited compatibility with Apple's iPhone, due to Apple's digital rights management policy. While we endeavor to make content compatible with a variety of handsets, we do not accept responsibility for any content that is non-compliant with your handset.

All intellectual property on or contained on the WAP site or in the Services belongs to Us or is used with the consent of a third party and may not be reproduced, used or distributed in any way whatsoever without our prior written consent.

You undertake not to do anything which will disrupt the functioning or provision of the Services or otherwise act in a way that interferes with other users' use hereof. You undertake to use the WAP site and the Services only in accordance with all relevant laws and not for any illegal, illicit or destructive purpose.

We reserve the right to: deny access to all or any part of the Services if the telephone calling line identification is blocked from the telephone line which you use to access the Services; close access to any features of the Services if your use of that feature is reasonably considered to be excessive or otherwise not in the interests of other users; modify or discontinue, temporarily or permanently, the Services.

We, our employees, members, directors and agents are not, to the fullest extent allowed by law, responsible for any losses or damages (including any consequential, indirect or special damages) which you might suffer arising out of or in connection with the use of, reliance on, or inability to use or access, the Services.

While we will use reasonable efforts to provide accurate and up-to-date information, we make no representations as to the accuracy, quality, timeliness, availability or completeness of the Services or any information, software, products or other materials available to you, or the continued, uninterrupted availability of the Services.

Rewards program
The Rewards Program is open to residents of South Africa only and all entries must be made in the English language. Anyone working for us or any of our directors, members, agents or consultants or any family members or associates are prohibited from entering the Rewards Program Also any company or any professional and/or commercial entry are similarly prohibited from entering. No cash alternative is available to any reward unless expressly stated otherwise. The closing date for our Rewards Program is as stated on the entry form. The judges cannot accept responsibility for late entries. The judge's decision will be final.. Any deviation from the rules and/or attempt to manipulate the outcome of the reward will result in disqualification. Members under 18 years old may require permission from a parent/guardian to enter and take the reward and any member may be required to submit proof of age or prove ownership or authorised use of the phone. Rewards are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the reward as stated, failing which you will no longer be eligible for a reward, and that reward will be re-drawn/next highest score etc. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries. If any reward offered is unavailable, we reserve the right to select alternative rewards of equivalent value and we reserve the right to modify, supplement or withdraw all or part of the Rewards Program subject to the compliance with all relevant laws and there are no refunds for abortive games. Your statutory rights however remain unaffected. Entrants acknowledge that in consideration of the reward offered to members by us, we or any company connected with the promotion may display the awarded member to the public. This will be in the form of the members name and city of origin. We will be entitled to use your image in marketing or promotional activities and may request you from time to time participate in such marketing or promotional activities unless you inform us otherwise. Entrants agree that we are the owner of the entire copyright of any images, video or other collateral supplied to us by the entrant, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright and patents act and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.

To Unsubscribe:

SMS Stop Vip to 35050.

For help contact our call centre on 021 415 2186 (std call rates).


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