This document sets out the Terms and Conditions (the “Terms and Conditions”) governing access to and use of all of JS Mobile’s services. These services (the “Services”) are provided by Jimstu Telecoms with registration number 2016/004391/07 hereinafter, JSM. The use of the Services is subject to acceptance of, and compliance with, these Terms and Conditions. Users must not use the Services in breach of these Terms and Conditions. The Terms and Conditions in force are those available from time to time on the Website. In the event of amendment, users of the Website (“Users”) shall be informed of the changes and continued use of the Website shall be confirmation of acceptance to the changes. Any special conditions, notices, regulations or operating instructions notified to users in relation to specific Services and/or Contents which supplement the provisions of these Terms and Conditions shall also to users. These Terms and Conditions should be read in conjunction with individual service Terms and Conditions where available.
JSM provides various services, for mobile phones and applications. Use of these services implies consent to these terms and conditions. To use the mobile version you may need to have a WAP or mobile Web enabled handset. JSM is not liable for any delivery delays due to network operators. Errors will be billed for.
Subscribers to the service will be charged the advertised price in daily, weekly or monthly increments. Mobile operators may charge additional browsing costs, independently from the services provided by JSM, for downloading products. JSM accepts no liability for the cost of browsing charged by the various mobile phone operators. . Disclaimer Regarding Users’ use of the Service Users must be over 18 years of age, with full capacity to use the Services. Those under 18 years of age may only use the Services with prior authorisation from their parents, guardians or legal representatives, who shall be responsible for the actions carried out by the persons under their charge. Since these facts may not be verified by JSM, JSM reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access. Notwithstanding the foregoing, parents, guardians or legal representatives may restrict access to the Club easily and directly using the “Parental Control”. Parental control allows Mobile phone owners to restrict access to their mobile or their minor's mobile to Club JSM services. This can be easily switched on by accessing our website. JSM cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of JSM or third party rights holders. In addition, unless JSM has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, JSM forbids any downloads copies or reproductions of content made by a User unless specifically permitted by JSM. JSM accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal or unlawful use by Users of the Services provided by the Club and the contents offered on the Website.
Services must be requested in accordance with the instructions communicated by JSM to Users and, in particular, must include the exact text stipulated by JSM for each Service from time to time. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology required for, each Service (see the “Compatible Mobiles” section). JSM accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services. In addition, JSM accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond JSM's control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other Users. Notwithstanding the foregoing, JSM shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.
By using any JSM mobile service, JSM only receives the mobile phone number associated to that service it is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for. JSM accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone.
The User warrants to JSM that he or she owns each and all of the rights to the content or has the rights, authorisations, permissions, licences and/or consents required to provide the content to JSM and to third parties through the Website. JSM in no event accepts any liability for any harm or infringement caused by any User affecting other Users' or third parties' industrial and intellectual property rights, right to privacy and self image, right to protection of personal data, or any others. The User must employ all due care and diligence to avoid causing any damage or risk of damage to JSM, the Website, other Users, the Services or any third parties. In addition, in the case of content containing images or photographs of people, the User warrants to JSM that such images or photographs were taken or recorded with such persons' consent and that they are aware of the assignment to be made to JSM by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law. In addition, in the case of content containing images or photographs of people, the User warrants to JSM that such images or photographs were taken or recorded with such persons' consent and that they are aware of the assignment to be made to JSM by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law.
Assignment of ContentsThe User assigns to JSM all assignable intellectual property rights in the content it provides which are necessary for the proper provision of the Services by JSM, particularly the abilities required to copy, load, host, store, transmit, modify and/or adapt according to the required format, create summaries of, advertise and promote on television, the press and its websites, reproduce, publicly communicate and supply to third party users. The assignment of the content to JSM is non-exclusive, and is applicable to the whole world and for as long as the content is available to third parties. No rights in the content other than those necessary for the proper operation of the Services are assigned pursuant to these General Conditions. Withdrawal of Content / Inappropriate Content JSM does not warrant the lawfulness, reliability or usefulness of messages, content or any other materials to which the User may have access in connection with the provision of the Services where they are supplied by third parties and other Users at their sole responsibility. Users shall be solely responsible for any messages and content they decide to store, communicate or exchange with other Users of the Services. Regardless of any methods which may be used by JSM to detect messages or content which are potentially unlawful or in breach of third party rights, if believe that any of the messages or contents to which have access through the Service infringe any third party rights or involve an infringement of current legislation, can contact us by writing to JSM's registered address or by sending an e-mail to mail to: help@jsmobile.co.za, including the following details: Name, address, telephone number and e-mail address (optional) Clear identification of the potentially infringing content or content which is potentially detrimental to or third party rights. Indication of the grounds on which the content referred to in the preceding section may be potentially infringing or detrimental to or third party rights. An express statement, signed by , that the information supplied in the notification is accurate to the best of knowledge. JSM excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content supplied by Users and made available to other Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by: 1. 1.Infringement of the law, moral standards and generally accepted decency or public order by third parties 2. 2.Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people's right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party 3. 3.The carrying out of acts of unfair competition and unlawful advertising 4. 4.Messages and/or content not being truthful, accurate, comprehensive, relevant and/or up-to-date 5. 5.Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content 6. 6.Faults and defects in any kind of content JSM reserves the right at any time to reject or remove any content which is in breach of current legislation, these General Conditions, and any subsequent versions which are notified to Users from time to time. JSM may at any time and without prior warning suspend and/or unsubscribe from the Services any User who repeatedly supplies inappropriate content or breaches these General Conditions. The use of content and the period during which they are part of the Services are at JSM's sole discretion, although Users may at any time withdraw their content from the Services. Such withdrawal shall automatically cancel the assignment of rights provided to JSM under these General Conditions. In any event, JSM does not, and cannot, control the use made of content by third party Users while content is included in the Services or after the User has withdrawn content. Without prejudice to the above, JSM reserves the right to decide which content it is appropriate for Users to supply and make available to third party Users for downloading and/or viewing. Consequently, JSM may at its own discretion reject and/or remove any content, particularly those which partly or wholly: 1. Are illegal, offensive, violent, defamatory, pornographic or racist 2. Are protected by copyright 3.Are in breach of the current legislation regarding intellectual and industrial property rights, particularly if the content infringes trademark, patent, domain name and other rights 4. Refer to or include, without limitation, third party trademarks, trade names or domain names, among others 5. Are protected by business and/or commercial secrecy, and their disclosure is not permitted 6. Include third parties' personal data, such as name and surnames, telephone number and e-mail address, among others, without their consent 7. Include images or photographs of third parties without their consent 8. Are in breach of laws or regulations regarding the secrecy of communications, protection of personal data, and the rights to honour, image, personal and family privacy 9. I Induce promote or incite discriminatory attitudes based on gender, race, religion, beliefs or age 10. Induce or incite behaviours which are illegal, unlawful or contrary to morality, public order or security 11. In any other way involve an infringement of third parties' privacy 12. Include any images of minors (under 18 year olds) without their parents' or guardians' necessary authorisation 13. Advertise, promote, or induce the contracting of, products which do not belong to JSM In addition, JSM reminds Users of the Services that, pursuant to its duty to cooperate with law enforcement agencies, it shall furnish information regarding its Users and any content supplied by them to any law enforcement agency that requires it to do so in connection with the investigation of a crime or misdemeanour.
When receiving any content in accordance with a download request, the User is only authorised to make one copy of the content in the memory of his or her mobile phone handset or computer and use it for strictly personal purposes and not for collective purposes or for profit. The receipt of a JSM product (the “Product(s)”) or Service by a User following a request does not constitute a waiver, transfer or total or partial assignment in the User's favour of the ownership of the intellectual or industrial property rights in a Product or Service.
By using the Services or sending us a request for Services consent to our processing personal information in accordance with these Terms and Conditions. For the purposes of the Data Protection Act 1998, the data controller is Jimstu Telecomms (Pty) Ltd T/A JS Mobile, 1st Floor, Block B, Plum Park, 25 Gabriel Road, Plumstead, 7800 Information we may collect from Visiting the Website does not place users under any obligation to provide any personal information, except where Users apply to join the Club or using the Services provided by JSM. When register to join the Club or any of the Services provided by JSM, JSM may collect and process the following information about : the information provide on registration and by completing other forms and requests on the Website (including: name and surname, mobile telephone number and/or e-mail) If contact us JSM may keep a record of that correspondence Details of the transactions carry out through the Website Details of visits to our site including but not limited to: traffic data, location data; other communication data and the resources that access. Please also see the information under “Cookies” below. Use of data JSM is committed to the privacy of its Users. acknowledge that JSM collects and processes personal information on use of the Services for the following purposes: to deliver the Services to (which may include providing personal information to the relevant mobile telephone operator to enable the operator to invoice the Club for billing purposes) to develop the Services to market current and future Services to; and for site administration purposes In addition, JSM may send commercial information relating to JSM's promotions, competitions and products or services similar to those of the Club which may be marketed by JSM at any time by electronic means (e-mail and/or SMS). This purpose shall continue to apply after the end of the contractual relationship – i.e. the Service – until revoke consent to that end, if ever). may refuse to allow information to be processed for promotional and commercial purposes [at any time] by sending an email to help@jsmobile.co.za JSM will not send unwanted messages to email address or to mobile phone. JSM will not pass on email address and mobile phone number details to any third parties except those set out above without explicit consent.
JSM will only disclose personal information to JSM's business partners, law enforcement agencies, successors in title to JSM's business and suppliers that JSM engages to process data on JSM's behalf. JSM may also disclose or share personal data in order to comply with any legal obligation, or in order to apply the Terms and Conditions or to protect the rights of its customers or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
To unsubscribe please dial the relevant USSD string or text the relevant shortcode (specified in the welcome message sent when a service is activated). Users may exercise the rights of access, cancellation and rectification free of charge by emailing JSM at help@jsmobile.co.za or by sending a request to JSM by post (to the address specified above) and including the following information: 1. 1 full name and a photocopy of an official document proving identity and, where applicable, the document must provide evidence of ability to act as a representative for another person; A description of request; mobile telephone number; An address for correspondence; and The date and the requesting party's signature. are also responsible for updating and amending personal information, which can be done by means of the procedure described above.
When visiting the Website, JSM may store information on the hard drive of computer in the form of a "cookie" (essentially a small text file). Cookies allow JSM to tailor the Website to interests and preferences. For example, a cookie might contain information about the web pages have visited on the Website, which could allow JSM to customise next visit to the Website. However, cookies do not allow JSM access to the rest of computer and JSM does not use them to collect personal information. Most Internet browsers enable to delete cookies or to receive a warning before a cookie is stored on hard drive. Please refer to browser instructions or help screen to learn more about how to do this. However, should decide to disable any cookies JSM places on computer may not be able to use certain services or facilities on the Website.
As JSM operates globally, it may be necessary to transfer personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever JSM processes information JSM will strive to ensure the same level of protection as set out in these Terms and Conditions which means that personal information will be protected at all times in accordance with strict data protection standards.
These Terms and Conditions are governed by South African law. JSM and the User shall submit any dispute which may arise from the application of the Services or the construction and application of the Terms and Conditions to South African Courts save where otherwise required by law.
We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.
Jimstu Telecomms (Pty) Ltd 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. Jimstu Telecomms (Pty) Ltd may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za
Powerball Play is a subscription service charged R3/day. By using the service you agree that you are 18 years or older and have the bill payers permission. Compatible handsets only. To unsubscribe SMS powerplay off off to 31009. For help call 0861131009. By using the service you agree to receive promotional material relating to this and similar services. Service provided by Jimstu Telecomms (Pty) Ltd, with Reg.no: 2016/004391/07, Plum Park 1, 25 Gabriel Road, Cape Town, Western Cape, South Africa .
This service must not be used:
We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.